Adalah to Attorney General: Cancel Registrar of Associations' Decision to Appoint an Investigator into Adalah's Activities
Yesterday, Adalah sent a letter to Attorney General Elyakim Rubenstein seeking the cancellation of a decision by the Registrar of Associations ("Registrar") to appoint an investigator into Adalah's activities and calling for the opening of an investigation into the Registrar's actions. Adalah learned solely from journalists and media reports that the Registrar intends to investigate the organization on the grounds of undertaking activities beyond the scope of its mandate; affiliation with a political party; and financial mismanagement. Adalah adamantly denies these allegations and maintains that the organization is managed professionally, in accordance with the law.
In the letter, Adalah's General Director Hassan Jabareen, Advocate, argued that the Registrar's actions amount to a breach of his duty of good faith. According to media reports, the Registrar based his decision to open an investigation on a letter written by an Adalah General Assembly member, the arguments of which were founded on suspicions and rumors. Although opening an investigation is one of the severest measures available to the Registrar, the Registrar did not approach Adalah to ask questions, request information or documents, or inform Adalah that there were any suspicions against the organization before making his decision. In appointing an investigator based on rumors, the Registrar breached his duty of good faith. Citing Supreme Court precedent, Adalah argued that such administrative decisions must be based on facts. The administrative authority should gather relevant information and assess its credibility before appointing an investigator. It is worth noting that courts have cancelled such decisions in cases where the "administrative evidence" does not clearly support the decision. Moreover, by going to the media before giving notice to Adalah, the Registrar apparently sought to harm the good reputation of the organization. To date, Adalah has received no formal notice by the Registrar about appointing an investigator.
Adalah further argued that the Registrar's actions are politically motivated. As part of its legal activities to promote Arab rights in Israel, Adalah has challenged the Registrar's unauthorized decisions and actions on numerous occasions on behalf of other Arab organizations. The Registrar's attitude toward Arab organizations and his many attempts to use his authority without any substantive justification suggests that the Registrar used unlawful considerations in deciding to appoint an investigator for Adalah. Further, this decision is a part of the ongoing attack on the Arab leadership and institutions of the Arab minority in Israel. This decision feeds the process of de-legitimization of Arab citizens currently underway and strengthens the racism against them. In these circumstances, the Registrar's actions seem to be aimed at harming the public and professional legitimacy and reputation of Adalah in Israel and internationally.
Adalah also forwarded a copy of the letter to the Registrar of Associations, Amiram Bogat; Minister of Interior, Eli Yishai; the State Comptroller, Eliezer Goldberg; and the Head of the Supreme Court Petitions Division in the Attorney General's Office, Osnat Mandel for response.
