Israeli Supreme Court to Hold Hearing Tomorrow 6 September on Deportation of Palestinian Legislative Council Members from Jerusalem

(Haifa, Israel) Tomorrow, 6 September 2010 at 9 am, the Israeli Supreme Court will hold a hearing regarding the State of Israel's attempt to deport three Palestinian parliamentarians from the Palestinian Legislative Council (PLC) – Mr. Muhammad Abu-Teir, Mr. Ahmad Attoun and Mr. Muhammad Totah – as well as the former Palestinian Minister for Jerusalem Affairs, Mr. Khaled Abu Arafeh, all elected on the Change and Reform political party list in 2006. Mr. Abu Teir was arrested by the Israeli police and is currently incarcerated for “illegally staying in Israel” after refusing to leave Jerusalem in mid-June 2010, as demanded by the deportation order. Mr. Attoun, Mr. Totah and Mr. Abu Arafeh, who are also threatened with imminent expulsion, are taking refuge since the beginning of July in the Red Cross compound in Jerusalem.

Mr. Simon Foreman, a lawyer and expert based in France, was appointed by the Committee on the Human Rights of Parliamentarians of the Inter-Parliamentary Union (IPU) to observe and report on the Supreme Court hearing in the case.

In June 2006, the Israeli Minister of Interior revoked the permanent residency status of the four men, who are all from Jerusalem on the grounds of “breach of trust” due to their membership in a foreign parliament. The Interior Minister's decision is unprecedented and violates the constitutional right of the MPs to continue to live in their place of residence and homeland without the threat of expulsion.  A petition was filed against the revocation of residency status by Attorneys Usama Sa'adi and Fadi Qawasmi; Adalah and ACRI joined the petition in 2007 as amicus curiae, in light of the principle issues raised and the severe violation of fundamental rights entailed by the extreme practice of revoking the status of citizens and residents for “breach of trust.”
 

On 20 June 2010, the Supreme Court rejected a motion for injunction filed on 15 June 2010 on behalf of the members of parliament (MPs) to stop the deportation proceedings against them. Chief Justice Dorit Beinisch ruled in a summary decision that there was no point in issuing the requested injunction because "this is not an irreversible measure." In other words, even if the men are deported from Jerusalem they could still appeal even if the Supreme Court strikes down the revocation of their residency status.
 

In response to the Supreme Court's ruling, the General Director of Adalah Attorney Hassan Jabareen stated that: “The decision is dangerous for all Palestinians in Jerusalem since Israel can easily revoke their residency and deport them based on their legitimate political affiliations or activities. International law prohibits the occupying power from demanding loyalty from the occupied people.”
Case citation: HCJ 7803/06, Khalid Abu Arafeh et al. v. Minister of Interior (case pending)
 

For more information, see: http://www.adalah.org/eng/pressreleases/pr.php?file=15_06_10