Petition (H)
On 30 December 2004, Adalah submitted a petition to the Supreme Court of Israel on behalf of Member of Knesset (MK) Issam Makhoul (Hadash: The Democratic Front for Peace and Equality), demanding that the Court cancel a Knesset decision of 29 December 2004 banning MK Makhoul from exercising his right to speak in the Knesset for ten Knesset sessions. Adalah further demanded that the Court issue an injunction to freeze the implementation of the Knesset's decision pending a final judgment on the petition.
The Knesset's decision was issued after MK Limor Livnat, the Minister of Education, filed a complaint against MK Makhoul to the Knesset's Ethics Committee. In her complaint, MK Livnat accused MK Makhoul of making negative statements against the government of Israel, when he described it as, "a government of death," "a government of blood," and "a 'pork' (immoral) government." The Ethics Committee decided on 21 December 2004 that MK Makhoul had violated the ethical code which applies to MKs. This code stipulates that an MK is duty-bound to respect the Knesset and its members, to behave in a manner fitting to his or her status as an MK, to work towards strengthening the public's trust in the Knesset, and to convey his or her message with responsibility, integrity and honesty.
In its decision, the Ethnics Committee decided to prohibit MK Makhoul from speaking in the Knesset and its committees for ten sessions, beginning from 27 December 2004. The Knesset rejected MK Makhoul’s appeal against the Ethics Committee's decision on 29 December 2004.
MK Makhoul made the statements which angered MK Livnat during a debate held on 21 June 2004 on a strike being undertaken by lifeguards. In the debate, MK Makhoul criticized those in the Knesset who wished to issue orders against the strikers to force them back to work, describing this step as an attempt to silence the just struggle of the workers. In his speech, MK Makhoul noted that the number of persons who drown in Israel is increasing, and used the title of the book “The Sea of Death” by Brazilian author George Amado, as a metaphor for the government’s policy toward the lifeguards’ demands. In his speech, MK Makhoul also cited MK Shimon Peres, who had described the Israeli government as a "pork government." No complaint was submitted against MK Peres for this comment.
Adalah Attorneys Hassan Jabareen and Abeer Baker argued in the petition that the Law of Immunity of the Knesset – 1951, applies to political expressions and political freedom of speech. The application of immunity means that an MK is exempt from any legal action based on political expressions made in the course of carrying out his or her work. Therefore, the restriction on MK Makhoul's right to speak in the Knesset as a punishment for statements he has made is illegal under Israeli law.
In addition, Adalah argued that imposing punishments for political expressions might lead to a situation where MKs will censor themselves and limit their political speech, including that made during the course of carrying out their duties as MKs. Such self-censorship would restrict the scope of MKs' immunity. The legal purpose of MKs' immunity is to give them the opportunity to express their political positions without fear or restriction from the majority of the Knesset or from any punishment. The Ethics Committee’s decision might, in fact, become a tool for restricting the immunity of MKs, Adalah warned.
Adalah further argued that MK Makhoul did not violate the ethical rules of the Knesset, since his speech was not directed against the Knesset or its members, but against the policy of the executive branch, which neglects the legitimate demands of the lifeguards as workers protesting against their working conditions. In the same spirit, it is unclear how describing a government policy as a "pork" policy violates the Knesset's ethical code, when on the same day MK Shimon Peres used the same expression, as MK Livnat was aware. In addition, the petition contended that MK Makhoul had actually conveyed his message as a responsible leader of a socialist list; one of the main goals of the Hadash political party is to protect workers’ rights, including their rights to strike and protest against government policy towards them.
H.C. 12002/04, M.K. Issam Makhoul v. The Knesset (case pending).