Nazareth District Court Rejects Demand to Cancel Political Criminal Charges against MK Sa'id Naffaa; Adalah to Appeal to Supreme Court

(Haifa, Israel) In a decision issued today, 26 December 2012, the Nazareth District Court rejected the preliminary arguments submitted by Adalah on behalf of Member of Knesset (MK) Sa'id Naffaa to cancel the criminal charges against him because the conduct alleged falls within the scope of his parliamentary immunity. The state prosecution is charging MK Naffaa with "illegal travel to an enemy state," "assistance in organizing travel to an enemy state," and "contact with a foreign agent."

The charges relate to a delegation of around 300 persons – Arab Druze clerics and social figures who are citizens of Israel – that MK Naffaa organized and accompanied on a pilgrimage to Druze holy places in Syria in September 2007. With respect to the charge of "contact with a foreign agent", the prosecution alleges that while MK Naffaa was in Syria, he met leaders of political organizations that Israel considers to be "terrorist organizations". MK Naffaa is being represented by Adalah Attorneys Hassan Jabareen and Orna Kohn, and by private attorney Saleem Wakim.

Following the decision, Attorney Kohn stated that: "We are quite surprised by the decision and intend to appeal to the Supreme Court. This is the first time that the state has filed an indictment against a Member of Knesset on the basis of 'contact with a foreign agent.'" Attorney Kohn emphasized that the police and state prosecution acknowledge that the meeting with the "foreign agent", a charge that carries a maximum punishment of 15 years in prison, did not relate to issues of security, but was a political meeting. Accordingly, MK Naffa's parliamentary immunity should prevent the filing of the charge, as it falls within the scope of his legitimate political activity. Regarding the charge of "travel to an enemy state," Attorney Kohn pointed out that the law of parliamentary immunity in Israel intrinsically acknowledges each Knesset member's right to freedom of movement, domestically and abroad, and therefore MK Naffaa's immunity should block this charge as well.

Case Citation: Criminal Case 47188-12-11, State of Israel v. Sa'id Naffaa (case pending)

Read more:

Adalah Representing MK Sa'id Naffaa Against Criminal Indictment for Visiting Syria, 30 January 2012