Israeli Knesset passes law setting mandatory minimum penalties for weapons offenses; Adalah: This move will not help to fight crime but will infringe on fair trial rights and liberty of Palestinian citizens of Israel.
On 7 December 2021, the Israeli Knesset passed an amendment to the Israeli Penal Law, which sets minimum penalties for weapons offenses. In response, later that day, Adalah – The Legal Center for Arab Minority Rights in Israel sent a letter to Attorney General Avichai Mandelblit, Deputy Attorney General (Criminal) Raz Nazeri, the Knesset legal advisor Sagit Afik and State Attorney Amit Isman opposing the amendment.
The new law joins a series of alarming measures adopted under the pretext of combatting crime in Palestinian Arab communities in Israel. These measures include, among others, the decision to involve Shin Bet (General Security Service or "Shabak") agents and military forces in the fight against crime in Arab society, legislation allowing warrantless searches, the establishment of an undercover unit ("Mista'arivim") assigned to operate exclusively within Arab towns, and other policing means directed only at Palestinian Arab citizens of Israel.
The new law stipulates that courts are obliged to sentence individuals convicted of possession and trafficking in illegal weapons to a minimum of one-quarter of the maximum penalty prescribed by law. Accordingly, the minimum sentence for weapons offenses varies between 21 months and 45 months, depending on the offense.
In the letter, Adalah Attorney Adi Mansour argued that the amendment significantly diminishes the court's discretion and thus, it fails to ensure appropriate and just punishment, a core element of individualistic sentencing in criminal proceedings. Despite the neutral tone of the amendment, it essentially creates two separate systems of punishment for Israeli Jewish and Arab citizens of the state. Adalah stressed that the amendment will lead to an increase in the number of Arab prisoners and is likely to increase the recidivist rates and more generally, criminality rates in Arab society. Furthermore, the amendment refers to weapons offenses in a sweeping manner, without distinguishing between substantial differences between the offenses, thereby giving the prosecution significantly more discretion in criminal cases. This move will likely violate the right to a fair trial and may even lead to false confessions and wrongful convictions.
Moreover, the restrictions on fundamental rights inherent in the implementation of the amendment is disproportionate and contrary to its very purpose, namely, combating crime in the Arab society. The infringement of the personal security of Arab citizens and the alarming rise in instances of shooting in the Arab community is the product of deep-rooted, systemic discrimination and lack of law enforcement in Arab towns originating from decades of police neglect in their duties. Thus, introducing stricter penalties is a disproportionate measure that violates the rights to a fair trial and liberty and deepens the existing gap between Arab and Jewish citizens.
CLICK HERE to read Adalah's letter [Hebrew]
Adalah Attorney Adi Mansour added:
"Stricter punishment is not a magical solution to this deep-rooted problem. We cannot expect that legislation that deepens discrimination by creating separate systems of punishment between Jewish and Arab citizens of Israel, will improve the management of a problem that originates in the same racism and discrimination. Palestinian Arab society in Israel does not need more oppression; it needs equality and dignity."
Related press releases:
Adalah: Israeli Government’s decision to involve the Shin Bet and army to fight crime in Arab society is racist and illegal 4 October 2021
Israeli Police establish a paramilitary undercover unit assigned to operate exclusively within Arab towns 2 September 2021
Adalah calls to reject an Israeli Government proposed bill allowing warrantless searches that will lead to racial policing 9 November 2021
Photograph taken from the official Israeli Police Instagram page.
