On 29.10.2023, we appealed (Hebrew) to the Attorney General and the Police Commissioner, demanding that the police stop photographing images of Arab detainees suspected of expressing support for terrorism, while handcuffed and against the backdrop of the Israeli flag, and circulating them on social networks and in the media.
In the appeal, the attorneys Gadeer Nicola and Anne Suciu wrote that this conduct infringes upon the fundamental rights of the suspects and detainees to dignity, privacy, and due process, without any justification, designed entirely to degrade and humiliate the detainees. They emphasized that the criminal process and the investigative procedure obligate investigative authorities to refrain from publishing images of suspects whose guilt has not yet been proven and who are presumed innocent.
Moreover, they pointed out that this practice by the police is directed toward the national identity of the suspects and detainees to degrade them and even present them as traitors. It fuels public anger and incites the public against these suspects, endangering their lives. "Especially in these ominous days - days of shock, loss, mourning, and grief, painful, frightening, and sensitive days where nerves are tense and emotions high - where all Israeli citizens and residents are paying a heavy price, the authorities and particularly the Israeli Police are required to act responsibly and wisely, not with bias and denigration," was written in the appeal.
Following our inquiry, the police indicated that guidelines regarding the publication of photos of suspects had been tightened. However, subsequent events revealed that these practices had not ceased. On November 19, 2023, a police spokesperson released photos of four students arrested for alleged incitement, showing them being led from their homes with plastic ties binding their wrists and blindfolds over their eyes.
On May 29, 2024, a video circulated on social media depicting the arrest of a Majd al-Krum resident for a social media post. In the video, she is handcuffed by a Border Police officer, her eyes covered with a cloth tied around her head. On September 3, 2024, the Minister of National Security shared a photo on Telegram of an Arab citizen from Jisr al-Zarqa, who was arrested, blindfolded, and handcuffed. On October 8, 2024, the Minister posted a photo of a woman arrested for her social media activity, sitting in a police car with her eyes covered. Shortly thereafter, the police echoed this by releasing a photo of the detainee from the station, handcuffed and blindfolded, posed against an Israeli flag.
In response to these incidents, we sent legal correspondence to the Attorney General and the Police Commissioner. Attorney Nitzan Ilani stated that the police regard Arabs suspected of expression offenses—particularly those accused of supporting terrorism on social media—as dangerous criminals, often employing humiliating and degrading methods that violate the law. She acknowledged the legal authority to blindfold suspects in such circumstances, but noted that this practice serves primarily to humiliate detainees. Regarding handcuffing, although the police are permitted to use force during arrests, it is an extreme measure that should only be applied when necessary to prevent flight.
Our correspondence highlighted that publishing photos of detainees constitutes a serious violation of their rights to due process, dignity, and privacy, in contravention of the Protection of Privacy Law. It is also prohibited to publish identifying details about suspects before they have been interrogated, according to the Courts Law, which bars such publications for 48 hours post-arrest. We emphasized that forcing suspects to be photographed against an Israeli flag, as in the teacher's arrest case, reflects an act of revenge and humiliation targeting their national identity.
We urged the Attorney General and Police Commissioner to urgently address this troubling trend, investigate the specific cases outlined in our appeal, and take action against those responsible. Regarding the Minister's social media posts, we requested an investigation to determine whether he violated the High Court of Justice's order prohibiting him from issuing operational instructions to the police or from breaching the publication ban set forth in the Courts Law.