28 February 2002 Adalah: Warnings Issued By Commission to Arab Leaders Are Illegal and Based on Irrelevant Considerations Today, Adalah announced that it will represent the three Arab leaders who received warnings from the official Commission of Inquiry into the October 2000 protest demonstrations (hereafter “the Commission”): Member of Knesset (MK) Dr. Azmi Bishara, leader of the National Democratic Assembly party; MK Abdel-Malik Dehamshe of the United Arab List; and Sheikh Ra’ed Salah, leader of the Islamic movement in Israel. Adalah believes that the Commission acted in fulfillment of its mandate in issuing warnings to Israeli government ministers and to high-ranking police commanders, as the evidence brought before the Commission demonstrated their direct responsibility. Adalah is disappointed and finds questionable, however, that the Commission chose not to issue warnings to other police officers who, according to eyewitness testimonies, were directly involved in events in which Arab citizens were killed. Among the 11 government and police officials who received warnings are former Prime Minister Ehud Barak; former Minister of Internal Security Shlomo Ben-Ami; former police commissioner Yehuda Vilk; former Northern District police Commander Major General Alik Ron; former commander of the Amakim Region police, Brigadier General Moshe Waldman; former Northern District commander of the Border Police, Brigadier General Benzy Sau; former commander of the Misgav police station, Superintendent Guy Raif; former operations officer for the Galilee police, Chief Superintendent Yaron Meir; and Border Police officer Murshad Rashed. Two other individuals also received warnings from the Commission, but their names have not yet been announced. Further, Adalah contends that the Commission exceeded its authority in issuing warnings to MK Dr. Bishara, MK Dehamshe and Sheikh Ra’ed. As Adalah stressed when the Commission was first appointed, according to Israeli law, the aim of establishing a Commission of Inquiry is to investigate state authorities in cases in which their behavior created a loss of trust by the public. This is different from investigating the conduct of citizens, who are subordinated to the state authorities. It is outside the mandate of the Commission to investigate the actions and the involvement of Arab public figures who did not have governmental decision-making roles. (See Adalah’s press release, “Adalah Challenges the Legality of the Mandate of the Newly-Appointed Commission of Inquiry,” 13 November 2000). Adalah argues that issuing warnings to the three Arab leaders is illegal and contradicts the purpose of the Commissions of Inquiry Law (1968). The warnings against these leaders were based on irrelevant considerations, including the desire of the Commission to strike a political balance. Such a balance must not be part of their legal considerations. Today, Adalah will hold consultative meetings with the Committee of the Martyrs’ Families, to discuss the ramifications of these warnings. Adalah represents the Committee before the Commission.
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