Supreme Court rejects far-right wing politicians’ petition against decision to close investigation of MK Haneen Zoabi and Sheikh Raed Salah for participating in Gaza Flotilla
On 23 December 2013, the Israeli Supreme Court rejected a petition filed by Michael Ben-Ari and Itamar Ben-Gvir against the Attorney General’s (AG) decision to close the investigation files against MK Haneen Zoabi and Sheikh Raed Salah for their participation in the Gaza Freedom Flotilla ("the Mavi Marmara") in May 2010. The petitioners demanded that MK Zoabi's parliamentary immunity be lifted and that criminal indictments be filed against MK Zoabi and Sheikh Salah on a wide range of offenses including acts of terror. Adalah's General Director Attorney Hassan Jabareen represented MK Zoabi in these the proceedings, and lawyers from the Mezan Center in Nazareth represented Sheikh Salah.
The Chief Justice of the Supreme Court, Asher Grunis, ruled that, after considering all explanations provided by the AG, there were no indications that his decision was unreasonable, and thus the court’s intervention is not necessary or justified. Justice Grunis referred to the AG's position that there is no evidence that MK Zoabi and Sheikh Raed were involved in attacking Israeli soldiers on the flotilla. Furthermore, Justice Grunis repeated the AG's position that there were serious legal problems in attempting to indict the defendants according to the Israeli criminal law for suspected violations that were committed outside the borders of the State of Israel.
Adalah responded to the ruling stating: "The Attorney General and the Turkel Committee, and now the Supreme Court, have all accepted MK Zoabi’s position that she did not commit any criminal acts or violations during her participation in the Gaza flotilla. This petition has no legal basis or evidentiary foundation, and its only aim is to demonize MK Zoabi and Sheikh Salah and to target the legitimate political activities of the Arab community and their protests against the closure of Gaza."
MK Haneen Zoabi commented on the Supreme Court's decision, stating that: "Time and again the Israeli courts have validated what I have been saying for the past four years about the Israeli navy's criminal takeover of the Mavi Marmara and the killing of nine activists on board the ship. However, I do not take the legitimacy to pursue my people's just struggle from the Israeli courts, but from a moral and humanitarian belief based on the sanctity of the freedom of all human beings and peoples. The offender here is Israel, which imposes a blockade on the Palestinian people in Gaza, which still occupies them and steals their lands and resources, and which obstructs their liberties inside the jails and outside of them".
In his defense of MK Zoabi, Attorney Jabareen argued that the petitioners lacked knowledge of the facts of the case, including that Israel's military order regarding the flotilla was issued after its departure. Further they failed to realize, he argued, that MK Zoabi enjoys parliamentary immunity that applies to all of her political activities – in and out of the Knesset - while she serves as a public elected official. He added that the petition did not address the fact that the ships were attacked and seized in international waters in an area that is not subject to Israeli domestic criminal law. In addition, the petitioners failed to produce any evidence for their claim that MK Zoabi used violence against any person during the Israel navy’s seizure of the Mavi Marmara ship.
Read more:
Adalah Press Release, “Israeli Supreme Court Delivers Detailed Decision in MK Haneen Zoabi’s Elections Disqualification Case,” 22 August 2013
Adalah Press Release, “Adalah defends MK Haneen Zoabi against Supreme Court Petition Demanding a Criminal Indictment for her Participation in the Gaza Freedom Flotilla,” 14 February 2012
