Adalah Demands That Courts Director Retract Translation Fee Instructions

On 2 January 2002, Adalah staff attorney Jamil Dakwar sent a letter to District Court Judge Dan Arbel, Director of the Israeli Courts, asking him to retract his instructions of 24 December 2001, issued to the presidents of District, Magistrate and Labor Courts. Judge Arbel’s instructions require that parties to civil court disputes be charged when they request translations of court proceedings and related materials from Hebrew to Arabic. These translation services had formerly been provided free of charge.

In his letter, Mr. Dakwar stated that Judge Arbel’s instructions are illegal, as they undermine the status of Arabic as an official language of the state. Only a law enacted by the Knesset could legally order such translation service charges.

Further, Mr. Dakwar argued, the instruction to charge for Arabic translations violates the dignity of Palestinian citizens of Israel, and discriminates against them based on their nationality, in threatening to make the Arabic language inferior and unwelcome in the state’s civil courts. The elimination of free translation services also poses a threat to Arab citizens’ right to due process and equality in the legal consideration of disputes. In addition, Mr. Dakwar argued that the additional economic burden of translation fees might make Palestinian citizens reluctant to approach the courts in order to settle civil disputes. 

Mr. Dakwar stressed that, should Judge Arbel fail to withdraw the instructions, Adalah will submit a petition to the Supreme Court requesting their cancellation. Copies of the letter were sent to Supreme Court Chief Justice Aharon Barak, Attorney General Elyakim Rubenstein, and the Head of the Israeli Bar, Dr. Shlomo Cohen.