The Israeli Forum of Law Lecturers for Democracy has issued a strong warning regarding significant failures in the actions of the Israeli police, particularly in their unjustified arrests of Palestinian Arab citizens for expressing their views. The recent case of an educator from Tamera, arrested after sharing a video of herself dancing on October 7, exemplifies the flawed and discriminatory policies of the Israeli Police.
Firstly, the involvement of the Minister of National Security in this investigation is deeply concerning. According to both Israeli law and a clear Supreme Court ruling, the Minister is prohibited from participating in investigative activities. The fact that the Minister, by his own admission, forwarded the video to the unit responsible for investigating incitement offenses undermines the independence of police operations and introduces political bias into the investigative process.
Secondly, any investigation or prosecution related to freedom of expression, especially when it involves arresting individuals or seeking detention extensions, requires prior approval from the Attorney General’s office. This safeguard is not merely procedural but is in place to prevent politically motivated actions. The police’s reliance on broad and vague offenses, such as “suspicion of behavior that may disturb public peace,” to bypass this requirement is unacceptable. The attorney general’s office must enforce stricter guidelines, ensuring that all cases concerning freedom of expression receive its direct approval. Moreover, the state attorney has an obligation to intervene in cases where police actions appear unlawful, including appealing to the courts for the release of wrongfully detained individuals.
Thirdly, the treatment of the Tamera educator was both humiliating and discriminatory. The police’s decision to publicly distribute images of her in handcuffs and with her eyes covered, as noted by the state attorney’s office, was unjustifiable. This deliberate humiliation appears motivated by the fact that she is an Arab citizen, aiming to present her as a dangerous individual suspected of terrorism. Such actions reinforce harmful stereotypes, fuel racism, and further marginalize the Arab public. The attorney general and the Department of Police Investigations ombudsman must urgently instruct the police to cease the dissemination of dehumanizing images and to halt discriminatory practices targeting Arab citizens.
Lastly, the decision to release the educator before the court hearing regarding her detention is part of a troubling pattern, seen also in cases involving protesters against government policies. This suggests that arrests are being used as a form of punishment and intimidation, without legal justification. The attorney general’s office must take decisive action to curb such police misconduct, protect freedom of expression, and uphold the rule of law.
