Interior Minister Accepts Adalah's Appeal and Cancels Registrar of Associations' Decision to Appoint an Investigator into Adalah's Activities
On 7 February 2004, Interior Minister Avraham Poraz accepted the appeal submitted by Adalah in September 2002 against the Registrar of Association's decision to appoint a legal investigator to inquire into its activities. The Interior Minister decided that: “after reviewing all documents which were provided by Attorney Goldstein (representative of the Registrar of Associations) and by Adalah, and after consulting with the Legal Advisor of the Ministry, Sarit Dana, Advocate and accepting her legal opinion, I hereby decide to accept the appeal.”
In August 2002, then Registrar of Associations' Attorney Amiram Bogat, decided to appoint an investigator into Adalah's activities. His decision was based on three claims: “1) The organization provides legal aid and legal services to Arab organizations and institutions on issues of discrimination, in contradiction to its specific goals as registered with the Registrar of Associations; 2) A review uncovered that an organization named the Galilee Society transferred considerable funds to Adalah in order to finance salaries for Adalah employees prior to its (Adalah's) registration; and 3) Suspicions arose as to financial irregularities due to the use of money for the benefit of certain political figures.”
Following the Registrar's decision, Adalah submitted an appeal to the Interior Minister in September 2002. In the appeal, Adalah argued that the Registrar's conduct vis-à-vis Adalah, as well as his three claims, clearly point to the fact that his decision was arbitrary, illegal, discriminatory, and politically motivated. Adalah emphasized that the Registrar's decision was arbitrary as it was made without any prior hearing. Adalah also argued that it does indeed provide free legal advice to Arab organizations, including various political institutions, and that funds were transferred from the Galilee Society to Adalah prior to the organization's registration, all of which are legal actions. Many documents of Adalah, detailing its activities and its financial management, were submitted with the appeal. These documents refute the Registrar's third claim and prove that Adalah adheres to the strictest principles of organizational transparency.
In the decision, the Interior Minister declared that: “in accordance with the opinion of the Legal Advisor of the Interior Ministry, the arguments of the organization (Adalah) as to its goals, including the funds received from the Galilee Society, are all accepted … in accordance with the legal opinion before me, providing legal services is clearly within the [declared] goals of the organization … the Legal Advisor of the Ministry did not find a legal prohibition which prevents the Galilee Society from financing salaries of employees who are expected to be employed by another organization during its establishment stages. Certainly these activities do not warrant appointing an investigator into the activities of the other organization.” The decision of the Interior Minister did not relate to the Registrar's third claim, thus accepting the Adalah's position, and stated that: “The fact that Adalah represents different political leaders, among them members of Knesset, does not lead to the conclusion that organiza
tional funds were utilized for the benefit of political figures. Representing public figures, including MKs in cases where, in accordance with the organization's mandate, their rights were harmed, adheres to the [declared] aims of the organization.”
Adalah, as well as numerous local and international human rights organizations, then viewed the Registrar's decision as political harassment, lacking any legal basis, and they proceeded to embark on a local and international campaign against it. The Registrar's decision was taken while Adalah was litigating important public cases, soon after several petitions were filed to the Supreme Court regarding the March-April 2002 Israeli military invasion of Palestinian cities in the Occupied Territories, and during the cross-examination of high-ranking police commanders before the official Or Commission of Inquiry into the October 2000 events. It is important to also emphasize that since the establishment of Adalah, the organization has challenged numerous arbitrary and illegal decisions of the Registrar, by legally representing Arab NGOs before the Israeli courts.
Dr. Marwan Dwairy, Adalah Board Chairperson, following the Interior Minister's decision stated that: “The aim of the Registrar's decision was to harm one of the prominent institutions that protect Arab minority rights in Israel. Canceling the Registrar's decision is a victory for all the human rights organizations as well as the Arab minority organizations in Israel. Adalah will continue to protect and work for the advancement of Arab minority rights with professionalism, commitment, and full confidence.”
Adalah is considering the possibility of filing a tort suit against the former Registrar for harming the reputation of the organization. The former Registrar provided false information to the media about Adalah without conducting any prior review, worked in bad faith, and exceeded his authority.
Adalah wishes to thank all the local and international organizations, including its donors, as well as academics and public figures that supported Adalah and strongly criticized the arbitrary nature of the Registrar's decision.
