The Association for Civil Rights in Israel petitioned the High Court of Justice on February 12, 2025, demanding the cancellation of the Protection of the Public from Criminal Organizations Law.
This law, which was approved by the Knesset as a temporary provision for two years, allows police to use tools that had previously reserved exclusively for counterterrorism and state security purposes, based on classified intelligence as well as administrative evidence that is inadmissible in court. Consequently, with the approval of the court and the Attorney General, the police can issue restriction orders against individuals operating within criminal organizations. This can include house arrest, travel bans, restrictions on driving and vehicle use, limitations on internet use, and more, for cumulative periods of up to six months and up to three months for house arrest. The law was approved despite objections from the Ministry of Justice, the State Attorney's Office, the Public Defender's Office, and the Bar Association who believed that it was constitutionally problematic.
ACRI’s petition argued that instead of the police investing the necessary efforts and resources to collect sufficient evidence for criminal prosecutions and proving guilt beyond reasonable doubt, the law creates a route to bypass criminal proceedings without the need to protect suspects' rights. Because it violates human dignity and liberty, the right to due process, the rule of law, and fundamental democratic principles, this law is unconstitutional and should be repealed. Moreover, the imposition of draconian restrictions, especially based on classified intelligence material that cannot be defended against, violates a wide range of additional human rights including freedom of movement, freedom to work, property rights, freedom of expression, and the right to privacy. These are all violations against a person who, it is worth stating again, is supposed to be presumed innocent, and against whom there is insufficient evidence to prove guilt.
The petition also noted that the fact that the law is primarily intended to deal with organized crime in Arab society is part of the growing trend in recent years of establishing separate enforcement tracks for Jews and Arabs, violating the right to equality under the law. This and other elements of the enforcement system towards Arab citizens includes oppressive tools that violate human rights, but do not necessarily curb crime.
HCJ 32252-02-25 Association for Civil Rights v. The Knesset Attorney: Nitsan Ilani
ACRI’s Petition, February 12, 2025 (Heb)