Following the events in Lod, it was decided to initiate, for the first time, legislation that grants authority to the Police to handle massive disasters (earthquakes, scattering of hazardous materials, etc.). Under this legislation’s authority, a state of civil emergency and curfew were declared in the city. However, the declaration was made according to a provision in the law that was not intended to grant authority for dealing with disruptions of order. Therefore, we appealed today (13.5.2021) to the Minister of Defense, State Attorney and Commissioner of Police, and demanded to revoke the declaration and curfew, and instead act according to the Police’s authority in handling disruptions of order.
In the appeal, Attorney Oded Feller, Director of the Legal Department, analyzed the legal situation, and explained why the declaration was done without authority. He stated that even if Police had the authority, declaring a curfew must be the very last defense, after the Police had exhausted all other tools to establish civil order.
“We all share concern over the past few days,” the appeal stated, “There is no doubt that the Police are facing complex challenges in Lod, and that the Police have a critical role to play in protecting human life and property, and restoring order. And yet, the way in which it has decided to actualize this is not according to the law. The declaration was done according to a provision in the law that was not meant to grant authority for handling such events. Even if there has been the authority, the Police have reasonable and moderate means to enforce the law that must come before placing a curfew.”