{"id":189107,"date":"2001-11-20T00:00:00","date_gmt":"2019-03-11T22:32:23","guid":{"rendered":"https:\/\/www.un.org\/unispal\/?p=189107"},"modified":"2019-03-11T22:32:23","modified_gmt":"2019-03-11T22:32:23","slug":"auto-insert-189107","status":"publish","type":"document","link":"https:\/\/www.un.org\/unispal\/document\/auto-insert-189107\/","title":{"rendered":"International Covenant on Civil and Political Rights – Second periodic report of Israel"},"content":{"rendered":"
\n\t\t\t\t<\/p>\n
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 <\/span>Consideration of reports submitted by States parties under article 40 of the Covenant<\/strong><\/span><\/p><\/div>\n

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Second Periodic Report<\/strong> <\/p><\/div>\n

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Addendum <\/strong><\/p><\/div>\n

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Israel*<\/strong><\/p><\/div>\n

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[20 November 2001]<\/p><\/div>\n

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___________     <\/u><\/p><\/div>\n

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* This report is issued unedited, in compliance with the wish expressed by the Human Rights Committee at its sixty-sixth session in July 1999.<\/p><\/div>\n

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GE.01-46480 (E) 090402<\/span><\/p>\n

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CONTENTS<\/p><\/div>\n

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<\/td>\n<\/td>\n\n

Page<\/u><\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
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Introduction<\/p>\n<\/td>\n

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4<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/tr>\n
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Article 1<\/p>\n

Article 2<\/p>\n

Article 3<\/p>\n

Article 4<\/p>\n

Article 5<\/p>\n

Article 6<\/p>\n

Article 7<\/p>\n

Article 8<\/p>\n

Article 9<\/p>\n

Article 10<\/p>\n

Article 11<\/p>\n

Article 12<\/p>\n

Article 13<\/p>\n

Article 14<\/p>\n

Article 15<\/p>\n

Article 16<\/p>\n

Article 17<\/p>\n

Article 18<\/p>\n

Article 19<\/p>\n

Article 20<\/p>\n

Article 21<\/p>\n

Article 22<\/p>\n

Article 23<\/p>\n

Article 24<\/p>\n

Article 25<\/p>\n

Article 26<\/p>\n

Article 27<\/p>\n<\/td>\n

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Self-Determination<\/p>\n

Implementation of Rights in the Covenant<\/p>\n

Equal Rights of Men and Women<\/p>\n

States of Emergency<\/p>\n

Non-derogable Nature of Fundamental Rights<\/p>\n

Right to Life<\/p>\n

Freedom from Torture or Cruel, Human or Degrading Treatment or Punishment<\/p>\n

Prohibition of Slavery<\/p>\n

Liberty and Security of Person<\/p>\n

Treatment of Persons Deprived of their Liberty<\/p>\n

Freedom from Imprisonment for Breach of Contractual Obligations<\/p>\n

Freedom of Movement<\/p>\n

Expulsion of Aliens<\/p>\n

Right to Fiar Trial, Judicial Independence<\/p>\n

Prohibition of Ex Post Facto<\/i> Laws<\/p>\n

Recognition as a Person before the Law<\/p>\n

Freedom from Arbitrary Interference with Privacy, Family, Home<\/p>\n

Freedom of Religion and Conscience<\/p>\n

Freedom of Opinion and Expression<\/p>\n

Prohibition of Propaganda Relating to War and Racial, National or Religious Hatred<\/p>\n

Freedom of Assembly<\/p>\n

Freedom of Association<\/p>\n

Protection of the Family<\/p>\n

Protection of Children<\/p>\n

Access to Political System<\/p>\n

Equality before the Law<\/p>\n

Rights of Minorities to Culture, Religion and Language<\/p>\n<\/td>\n

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6<\/p>\n

6<\/p>\n

8<\/p>\n

19<\/p>\n

20<\/p>\n

20<\/p>\n

23<\/p>\n

30<\/p>\n

32<\/p>\n

35<\/p>\n

35<\/p>\n

36<\/p>\n

36<\/p>\n

36<\/p>\n

38<\/p>\n

38<\/p>\n

39<\/p>\n

49<\/p>\n

49<\/p>\n

51<\/p>\n

51<\/p>\n

51<\/p>\n

55<\/p>\n

58<\/p>\n

68<\/p>\n

68<\/p>\n

95<\/p>\n<\/td>\n<\/tr>\n

<\/td>\n<\/td>\n<\/td>\n<\/tr>\n<\/table>\n

<\/p>\n

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Introduction <\/strong><\/p><\/div>\n

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1.   This is the Second Periodic Report of the Government of Israel, submitted to the United Nations Human Rights Committee (HRC) in accordance with the requirements of article 40 of the International Covenant on Civil and Political Rights (the “Covenant” or the “ICCPR”). This report has been compiled by the Department for International Agreements and International Litigation at the Ministry of Justice, in cooperation with the Ministry of Foreign Affairs and other Israeli government departments. Israeli Non-Governmental Organizations (“NGOs”) were invited to submit comments prior to the compilation of the present report, and their contributions were given substantial consideration. <\/p><\/div>\n

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2.   Since the submission of the Combined Initial and First Periodic Report (±¬ÁÏÍø document – <\/span>CCPR\/C\/81\/Add. 13<\/a>) by Israel in 1998 (the “Initial Periodic Report”), many legislative, administrative and judicial developments relevant to the Covenant occurred. This report provides a comprehensive account of these developments.<\/span> <\/span>1<\/u><\/sup><\/strong><\/i><\/a> It also addresses the comments made in the concluding observations by the HRC (CCPR\/C\/79\/Add.93) dated August 18, 1998.<\/span><\/p><\/div>\n

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3.   We should note that Israel underwent substantial policy and legislative changes since the Initial Periodic Report was submitted. Some policy and legislative changes, although decided upon, will no doubt take time until they are fully implemented. In many areas, however, substantial changes are already visible. A short summary of the main changes is included below.<\/p><\/div>\n

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4.   In terms of legislation, between 1998 and today significant steps have been taken to promote human rights issues. Some of the more prominent new laws include the Prevention of Sexual Harassment Law, 5758-1998, and the amendment to the Equal Rights for Women Law, 5711-1951 adopted by the Knesset (Israel’s parliament) in the year 2000 (both laws are described in detail under Article 3 of this report), the Freedom of Information Law, 5758-1998 (described in detail under article 19) and the Equal Rights for People With Disabilities Law, 5758-1998 (described in detail under article 26). Another significant legislative act, now in its drafting stages, is the Israeli Security Agency Bill, described in detail under article 2.  <\/p><\/div>\n

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  We should note that Israel has not enacted any further basic laws (Israel’ s constitutional law) on human rights since the submission of its Initial Periodic Report. Nevertheless, the fundamental rights protected by the Present Covenant which are still not included in legislation, are effectively protected through judicial decisions and otherwise.<\/p><\/div>\n

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5.   With respect to judicial decisions, The Supreme Court of Israel has continued playing a major role in the implementation of civil and political rights. The Supreme Court, led by its president, the Honorable Chief Justice Aharon Barak, has issued a number of precedent setting decisions on human rights issues, often creating a quick, apparent change in the practices of the relevant governmental agency. The court has faced many challenges over these years, and confronted head- on problematic and highly political and security-related contentious issues. Such cases include H.C. 5100\/94<\/i> Public Committee Against Torture in Israel v. The State of Israel, in which the court has held that the Israeli Security Agency is unauthorized to employ investigation methods which involve the use of physical pressure against persons suspected of engaging in terrorist activities; C.F.H 7048\/98 Anonymous v. The Minister of Defense<\/i>, in which the court invalidated the detention of Lebanese citizens held in Israel; and H.C 6698\/95Ka’adan v. The Israel Lands Administration<\/i> , which effectively prohibited the allocation of State land on the basis of a discriminatory criteria.  <\/p><\/div>\n

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6.   On the administrative level many administrative decisions and regulations have been promulgated, enhancing human rights principles. A major advancement to be noted is the proposal to establish a Human Rights Commission in Israel. Once established, the Commission should play an important role in strengthening and enforcing the protection of fundamental rights. This proposal carries with it an additional declarative value, stating Israel’s commitment to the protection of human rights and the assurance of effective remedies to all persons, without distinction of any kind, as required under article 2 of the Covenant. Thus, the establishment of the commission shall serve to enhance human rights consciousness within Israeli society, strengthening and enforcing the protection of fundamental rights. <\/p><\/div>\n

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7.   The following report addresses the main issues raised by the covenant between the submission of the Initial Periodic Report and September 2000, as well as concerns raised by the Human Rights Committee. As instructed, the report shall be presented in the order of the Articles of the covenant.<\/p><\/div>\n

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Applicability of the ICCPR to the West Bank and the Gaza Strip<\/strong><\/p><\/div>\n

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8.   In its Concluding Observations on Israel’s Initial Report, the Committee questioned Israel’s position regarding the applicability of the Covenant to the West Bank and the Gaza Strip. Israel has consistently maintained that the Covenant does not apply to areas that are not subject to its sovereign territory and jurisdiction. This position is based on the well-established distinction between human rights and humanitarian law under international law. Accordingly, in Israel’s view, the Committee’s mandate cannot relate to events in the West Bank and the Gaza Strip, inasmuch as they are part and parcel of the context of armed conflict as distinct from a relationship of human rights. <\/p><\/div>\n

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  Furthermore, pursuant to the Israeli-Palestinian Interim Agreement of 1995, <\/span>2<\/u><\/sup><\/strong><\/a> <\/sup><\/strong><\/span>and the consequent documentation and undertakings of the Palestine Liberation Organization (P.L.O),<\/span> <\/sup><\/strong><\/span>3<\/u><\/sup><\/strong><\/a> the overwhelming majority of powers and responsibilities in all civil spheres (including civil and political rights, as well as a variety of security issues, have been transferred to the Palestinian Council, which in any event is directly responsible and accountable <\/span>vis-a-vis<\/i><\/span> the entire Palestinian population of the West Bank and the Gaza Strip with regard to such issues. In light of this changing reality, and the jurisdiction of the Palestinian Council in these areas, Israel cannot be internationally responsible for ensuring the rights under the ICCPR in these areas.<\/span><\/p><\/div>\n

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  The fact that the Palestinian Council does not represent a State, does not, in itself, preclude its responsibility in the sphere of human rights protection. In fact, this is also evident under Article XIX of the <\/span>Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip,<\/i><\/span> according to which the Palestinians have taken it upon themselves to exercise their powers and responsibilities “with due regard to internationally accepted norms and principles of human rights and the rule of law”. Similarly, under Article II(C)(4) of the <\/span>Wye River Memorandum,<\/i><\/a> <\/i><\/span>the Palestinian Police is obliged “to exercise its powers and responsibilities with due regard to internationally accepted norms of human rights and the rule of law, and be guided by the need to protect the public, respect human dignity and avoid harassment”.<\/span><\/p><\/div>\n

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Article 1 – Self Determination<\/strong> <\/p><\/div>\n

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9.   This issue has been discussed in Israel’s Initial Periodic Report and no change has occurred in this area since the Initial Periodic Report was submitted in 1998. <\/p><\/div>\n

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Article 2 – Implementation of the Rights in the Covenant <\/strong><\/p><\/div>\n

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10.  General. <\/strong>As described in detail in the Initial Periodic Report, international agreements are not, as such, part of Israeli internal law, and the Knesset generally does not legislate by way of direct reference to such agreements. Accordingly, the provisions of the Covenant have not been made a part of internal Israeli law by an enactment of the Knesset. <\/i>Thus, as a matter of domestic law, the Covenant does not, by itself, create private rights directly enforceable in Israeli courts. <\/i>However, as described under other articles of this report, Israeli legislation and case law have continued to offer effective protection and remedies for the basic rights protected by the Covenant. <\/p><\/div>\n

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11.   Basic Law: Human Dignity and Liberty. <\/strong>This law, which was described in the Initial Periodic Report, is one of the fundamental backbones if Israeli Human rights legislation. This law has continued to influence the enactment and amendment of new laws, as well as the judicial interpretation of these laws, and continued to influence a wide range of legal and social practices, from the amendment of the arrest and detention procedures of military personnel, to the physical disciplining of children. <\/p><\/div>\n

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12.   Publicity and Dissemination. <\/strong>The Initial Periodic Report concerning the implementation of the ICCPR, and the HRC’s comments, were translated into Hebrew and widely distributed, thus contributing to the creation of a public discussion on human rights issues. <\/p><\/div>\n

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13.  Towards The Establishment of a Human Rights Commission. <\/strong>In April 2000, the Ministry of Justice appointed a steering committee, composed of government officials, academics and representatives of NGOs, in order to establish an Israeli Human Rights Commission. The steering committee was instructed, for the first time since the establishment of the State of Israel, to guide the conducting of thorough research on the development of a human rights commission in Israel. The objective of the committee is to advise the director general of the Ministry of Justice on issues regarding the proposed structure of the Commission, the desired scope of the Commissioner’s responsibilities and the legislation and required practical measures for the establishment of the Commission. <\/p><\/div>\n

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  At the time of writing this report, researchers at the Hebrew University of Jerusalem’s Minerva Center for Human rights, supported by the steering committee, have already completed a comparative study of human rights commissions throughout the world. The recently completed study aims to identify and develop a model for a commission to suit Israel’s unique political and social structure. The steering committee and the research team will present their recommendations for a draft law to the Minister of Justice. <\/p><\/div>\n

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  Once established, the Commission will play an important role in strengthening and enforcing the protection of fundamental rights. The creation of a Human Rights Commission carries with it not only a huge practical change, but also an important declarative value, stating Israel’s commitment to the protection of human rights and the assurance of effective remedies for all persons, without distinction of any kind, as required under Article Two of the Covenant. Thus, the establishment of the commission shall serve to enhance human rights consciousness within the Israeli society and government. <\/p><\/div>\n

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14.   The newly-established Commission for the Rights of Persons with Disabilities makes for another first step in the ongoing process towards the implementation of human and civil rights in Israel (see article 26 for a detailed survey of the commission). <\/p><\/div>\n

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15.   Human Rights Education. <\/strong>The Ministry of Education has increased its efforts in the area of human rights education. The main educational theme for the 1998-99 academic year was “The right to dignity and the duty to respect”, putting an emphasis on human rights related materials in the schools. The Ministry of Education has also taken targeted measures to eliminate gender bias from schools, and promote equality between men and women. In Addition, the Convention on the Rights of the Child has been introduced and studied in the schools, in order to increase children’s awareness to this instrument. <\/p><\/div>\n

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16.  Equality<\/strong> . The implementation by the State of Israel of its obligation to maintain equality in the enjoyment of the rights under the Covenant is discussed in detail under many of the other articles in this report, and in particular articles 3, 26 and 27. <\/p><\/div>\n

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17.  Nationality. <\/strong>As described in detail in Israel’s Previous Report (sections 47-52), one way of acquiring Israeli citizenship is by way of Return: Jews who immigrate to Israel will automatically be accorded the status of oleh<\/i> (new immigrant) which entitles them to citizenship, unless the person is deemed likely to endanger public health, the security of the state, or the public welfare, or the person is “engaged in an activity directed against the Jewish people”. Under section 4A of the Law of Return, 5710- 1950 rights of an oleh<\/i> , are also extended to the spouse of a Jew, to the child and grandchild of a Jew and to their spouses, respectively. For many years, The Ministry of Interior’s policy has been to interpret the Law of Return as extending also to the Non-Jewish spouses of Jews who were already Israeli nationals (and not new immigrants), according them a status similar to that of a Jewish person, and of an oleh<\/i> under the Law of Citizenship 5712-1952. <\/p><\/div>\n

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  On 1995, the Ministry of Interior has changed its policy, and started to apply a different interpretation to the law. Under the new interpretation, the Law of Return will not, henceforth, apply to the Non-Jewish spouse of a person who already is an Israeli national, so that he or she will no longer receive the benefits of a Jewish new immigrant, including the right to automatically acquire Israeli citizenship. <\/p><\/div>\n

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  Thus, the Ministry of Interior no longer favors Jewish Israeli nationals by automatically granting a citizenship to their foreign national spouses. At present, the foreign spouses of persons who are already Israeli nationals, whether Jewish or Non-Jewish, may attain Israeli nationality by way of naturalization (For further details regarding naturalization, please see Israel’s Previous Report under section 50).<\/p><\/div>\n

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  A petition challenging the new policy was dismissed by the High Court of Justice which affirmed the new policy (HCJ 3648\/97 Stamka v. The Minister Of the Interior)<\/i> . A later request for a further hearing in this case was also dismissed by the High Court of Justice. <\/p><\/div>\n

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The Israel’s Security Agency Draft Law<\/strong><\/p><\/div>\n

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18.   For the last 52 years, the Israeli Security Agency (the ISA) has operated under the government’s general residual authority, as specified by section 40 of Basic Law: The Government. The scope of the ISA’s authority, its structure and its roles were only partially regulated by Israeli law, although a number of sensitive issues, such as electronic surveillance, information regarding criminal record, the transfer of information between governmental agencies, and communications were regulated in specific legislation. For several years, a team of experts from various governmental ministries had been working on the drafting of the Israel’s Security Agency Bill (in its current form, the “ISA Bill”). The ISA Bill, which seeks to offer an explicit legal description of all of the aforementioned matters, was developed after a thorough study of similar in the legislation of western democracies, such as Canada, Australia, Germany and the UK. At present, it is in the process of enactment by the Knesset.<\/p><\/div>\n

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19.   Under article 7(a) to the ISA Bill, the ISA’s roles comprise of protecting the security of the State of Israel and the democratic system against threats of terror, espionage, disclosure of national secrets and other similar threats, as well as the protection and promotion of other vital national interests. This, subject to the decisions of the Government of Israel, and to Israeli Law <\/p><\/div>\n

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20.   Supervision over the Agency will be on a four-tier basis. The Agency will be supervised by an independent comptroller (who is not a member of the ISA), by a special Knesset committee, by a special ministerial committee and by the Prime Minister.<\/p><\/div>\n

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21.   Under this draft legislation, an applicant for a classified job, rejected by the ISA for security reasons, can appeal against his\/her rejection. A committee of three, headed by a district judge or a retired district judge, shall hear the appeals.<\/p><\/div>\n

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Article 3 – Equal Rights of Men and Women<\/strong><\/p><\/div>\n

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22.  General. <\/strong>In its comments on the Initial Periodic Report, the HRC expressed concern over the ongoing discrimination against women. The HRC recommended that targeted measures be considered to accelerate progress toward equality, in particular for Arab women. <\/p><\/div>\n

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  Since the submission of the Initial Periodic Report, there has been significant progress in the status of women in Israel. This progress is apparent in the adoption of several new notable acts of legislation, in the precedent setting decisions given by the courts, and in actions and initiatives taken by the different government bodies. It is also true, however, that in some areas of Israeli society, women are still relatively underprivileged. Some legislative changes have been rapidly implemented, as in the case of the Prevention of Sexual Harassment Law, 5758-1998. Other changes are harder to implement, for many reasons. For example, the integration of women within the formerly male dominated Israeli Defense Forces (the “IDF”) is still quite far from desirable, as is the status women hold within the religious establishment. <\/p><\/div>\n

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  Hopefully, all the positive changes detailed below, in conjunction with the constantly rising gender awareness in Israel, shall serve to further enhance the status of Israeli women in the years to come. <\/p><\/div>\n

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23.   The Authority for the Advancement of the Status of Women (the “AASW” ). <\/strong>The AASW was established by the Knesset in a unanimous vote in March 1998, marking International Women’s Day. The functions of the AASWinclude the formulation of policy regarding gender equality and theelimination of discrimination against women; coordination and promotion ofcooperation between state government, municipalities, and other formal institutions; advising the ministries on the implementation of Equal Rights for People with Disabilities Law, 5758-1998; establishment of special programs and services for women which promote gender equality; promotion of legislative measures for theadvancement of women and the elimination of discrimination; and provisionof information and tools necessary for the achievement of these goals tothe government. Additionally, the law has specifically charged the AASW with the responsibility to heighten public awareness of violence against womenthrough use of the educational systems and the media and to promoteactivities designed to decrease all forms of such violence.<\/p><\/div>\n

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  A detailed survey of the Actions and Programs of the AASW is provided in the AASW’s National Report on the Status of Women in Israel “Beijing 5+”, published in June 2000, and provided as an Appendixto this report. <\/p><\/div>\n

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24.   The amendment to the Equal Rights for Women Law, 5711-1951<\/strong> , adopted by the Knesset in 2000, was another substantial step toward gender equality. The amended law establishes the principles of equality in all areas of life, adequate representation of women, a woman’s right over her body, affirmative action as an essential means to achieve equality and women’s right to social equality.<\/p><\/div>\n

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25.   Women’s Representation in Political Parties and the Knesset<\/strong> . Women are still under-represented in political positions, both in the national and municipal levels. However, there have been significant positive changes in the past few years. In the municipal elections of 1998, two women were elected to head larger cities, (Netanya and Herzliya) together with a 40 per cent increase in the number of women serving on local and municipal councils throughout Israel. In national elections, for the first time, several of the large parties included women’s representation as a dominant factor in the establishment of party lists (through appointments, quotas, affirmative action etc.). Of the 120 members of the Knesset, 15 are women, among them the first Arab woman ever to be elected to the Israeli parliament. <\/p><\/div>\n

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  Prime Minister Ehud Barak appointed two women as cabinet ministers, and a third as a deputy minister. Several other women were appointed to important Knesset committees. <\/p><\/div>\n

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Women in Government, Local Authorities and the Civil Service<\/strong><\/p><\/div>\n

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26.   Since its establishment in 1996, the Department for the Advancement of Women within the Civil Service<\/strong> has been active in various areas including the implementation within the Civil Service of legislation oriented towards the improvement of women’s status, the promotion of information and counseling for women within the civil service, as well as the formation and professional orientation of professionals working to promote the advancement of women in the Civil Service. The Department has also served as an address for the complaints of female workers and has worked at maintaining on-going contact with organizations dealing with women’s status in furtherance of common objectives, as well as with the Knesset various committees to advance women’s rights legislation. <\/p><\/div>\n

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  In the context of action aimed at implementing the 1995 amendment to theCivil Service Law (Appointments) 5719-1959, a steering committee was formed to make recommendations to the Civil Service Commissioner. As a result of the committee’s suggestions and the relevant department ‘s efforts, section 15A of this law has been revised once again in December 2000. A current project the Department is preparing is the safeguarding of senior positions for women, by creating a resource of information, statistics, and guidelines for cooperation with the ministries’ administrators. <\/p><\/div>\n

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27.   The Prevention of Sexual Harassment within the Civil Service. <\/strong>With regards to the implementation of theLaw on the Prevention of Sexual Harassment 5758-1998 and the reinforcement of awareness on the subject, the Department has been involved on several levels: dissemination of information and explanation of the Law to more than 10,000 workers in 1999 alone, and provision of tools to the supervisors on the status of women so that they may receive the workers’ complaints. Indeed, since the passage of the Law in 1998, the number of complaints of sexual harassment received by the Department has increased dramatically (with 20 complaints received in 1997, 30 in 1998, 61 in 1999 and 75 complaints received in 2000). These Complaints are handled in cooperation with the Unit for Discipline and the Investigations Department within the Civil Service Administration. Women who submit complaints of sexual harassment to the Department are provided with legal advice, and are accompanied and supported throughout the investigative process and the trial. <\/p><\/div>\n

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  As part of the training and professional orientation of Supervisors on the Status of Women in government offices, the Department held 3 training courses as well as approximately 30 sessions and conferences while providing on-going updates of relevant information and material to deal with issues relating to the status of women (in 2000, for example, 60 circulars were distributed to the Supervisors by the Department), in addition to biannual meetings that take place for the purpose of regulating and supervising the Supervisors’ work. Apart from guiding and supervising the Supervisors, the Department also holds direct contact with female Civil Service employees in the manner of information dissemination and personal meetings. <\/p><\/div>\n

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  In addition to all the above, the Department has served as an address to which women workers turn to complain of discrimination, injustice and injury in their status and work conditions. Dozens of such complaints are received each year, concerning a wide variety of subjects. For example, in 2000, the Department processed and dealt with a total of 149 complaints relating to recruitment procedures for administrative positions which discriminated against women, as well as with the non-application of labor laws in the realms of maternity leaves, sexual harassment, and lack of proper representation of women in state tenders.<\/p><\/div>\n

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28.   Affirmative Action in the Civil Service. <\/strong>A December 2000 amendment to section 15A of theCivil Service Law (Appointments) 5719-1959 expands the use of the affirmative action doctrine within the civil service. <\/strong>According to the amendment it is obligatory to apply affirmative action in all sorts of hiring for the civil service. This includes actual appointments and non-tendered appointments. This amendment also authorizes the safeguarding of certain positions for women only. While the amendment carries tremendous significance with regards to the implementation of the law, its application might prove to be problematic given that these principles have been simultaneously employed for the advancement of other populations – minorities and people with disabilities. It is still not clear how the civil service willadapt to the application of this important amendment. <\/p><\/div>\n

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  The Department for the Advancement of Women in the Civil Service supervises the affirmative action policy asserted in section 15A of the Civil Service Law (Appointments) 5719-1959. Preliminary data that was received from the Department, portrays an unchanging situation, in which the representation of women within the higher ranks of the civil service is far from being adequate, and the rate of their success in civil service tenders remains low. <\/p><\/div>\n

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29.  <\/span> Ranks of Women in the Civil Service. <\/strong><\/span>The rate of women among the top three ranks of the senior staff of the civil service’s four main classifications – which compose the main source for administration managers – remains low. In 1997, when women made up 61% of all civil servants, that rate was still less than 15%, and in October 1999, when women made up 61% of all civil servants, the rate stood at 16.4%. Women’s representation in the top echelons of the administration stands out yet more when contrasted with their representation in the lowest ranks (i.e. 8<\/span>th<\/sup><\/span> rank and bellow), where their overrepresentation only seems to be growing: from 66% of all workers in 1997, to 71% in 1999. Between 1993-1999, not one woman occupied the highest rank of the administrative or the technical classification, two of the most prestigious classifications in the service. <\/span><\/p><\/div>\n

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30.   Tenders in the Civil Service<\/strong> . The method of appointments to the civil service is through both internal and external tenders. While theincrease of women’s participation in internal job-tenders in the civil service, both as candidates and appointees, is quite constant, the situation in public tenders is far less positive. Beyond the overall decline in the number of female candidates and appointees through the tenders system, the trend, which consistently tended to appoint women at a slightly higher rate relative to the rate of women who presented their candidacy was reversed in recent years. For example, while 38% of the candidates for public tenders in 1998 were women, they constituted only 36% of the appointees. <\/p><\/div>\n

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31.   The Judiciary and Lawyers in the Public Sector<\/strong> . Since the submission of the Initial Periodic Report, the percentage of women in the Judiciary has grown, most notably in the higher courts, with a growth of 72 per cent in the National Labor Court, 42 per cent in the District Courts and 28 per cent in the Supreme Court. In all of the different civil courts combined, there are 200 women judges and 262 men judges, such that 43 per cent of the civil judiciary in Israel is composed of women (compared to a total of 40 per cent in 1998).<\/p><\/div>\n

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Table 1: Judges, by Courts and Gender<\/strong><\/span>*<\/sup><\/strong><\/span><\/p><\/div>\n

<\/p>\n

\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
\n

 <\/p>\n<\/td>\n

\n

Female<\/p>\n<\/td>\n

\n

Male<\/p>\n<\/td>\n

\n

Total<\/p>\n<\/td>\n

\n

% Women<\/p>\n<\/td>\n<\/tr>\n

\n

 <\/p>\n<\/td>\n

\n

 <\/p>\n<\/td>\n

\n

 <\/p>\n<\/td>\n

\n

 <\/p>\n<\/td>\n

\n

 <\/p>\n<\/td>\n<\/tr>\n

\n

JUDGES<\/strong><\/p>\n<\/td>\n

\n

 <\/p>\n<\/td>\n

\n

 <\/p>\n<\/td>\n

\n

 <\/p>\n<\/td>\n

\n

 <\/p>\n<\/td>\n<\/tr>\n

\n

 <\/p>\n<\/td>\n

\n

 <\/p>\n<\/td>\n

\n

 <\/p>\n<\/td>\n

\n

 <\/p>\n<\/td>\n

\n

 <\/p>\n<\/td>\n<\/tr>\n

\n

Supreme Court<\/p>\n<\/td>\n

\n

4 <\/p>\n<\/td>\n

\n

11<\/p>\n<\/td>\n

\n

15<\/p>\n<\/td>\n

\n

27<\/strong> <\/p>\n<\/td>\n<\/tr>\n

\n

District Courts<\/p>\n<\/td>\n

\n

41 <\/p>\n<\/td>\n

\n

69<\/p>\n<\/td>\n

\n

110<\/p>\n<\/td>\n

\n

37<\/strong> <\/p>\n<\/td>\n<\/tr>\n

\n

Magistrates Courts <\/p>\n<\/td>\n

\n

95 <\/p>\n<\/td>\n

\n

124<\/p>\n<\/td>\n

\n

219<\/p>\n<\/td>\n

\n

43<\/strong> <\/p>\n<\/td>\n<\/tr>\n

\n

Traffic Courts<\/p>\n<\/td>\n

\n

10 <\/p>\n<\/td>\n

\n

20<\/p>\n<\/td>\n

\n

30<\/p>\n<\/td>\n

\n

33<\/strong> <\/p>\n<\/td>\n<\/tr>\n

\n

National Labor Court <\/p>\n<\/td>\n

\n

3 <\/p>\n<\/td>\n

\n

4<\/p>\n<\/td>\n

\n

7<\/p>\n<\/td>\n

\n

43 <\/p>\n<\/td>\n<\/tr>\n

\n

Regional Labor Courts <\/p>\n<\/td>\n

\n

21 <\/p>\n<\/td>\n

\n

14<\/p>\n<\/td>\n

\n

35<\/strong><\/p>\n<\/td>\n

\n

60<\/strong><\/p>\n<\/td>\n<\/tr>\n

\n

Family Courts <\/p>\n<\/td>\n

\n

18<\/p>\n<\/td>\n

\n

14<\/p>\n<\/td>\n

\n

32 <\/p>\n<\/td>\n

\n

56<\/strong><\/p>\n<\/td>\n<\/tr>\n

\n

Local Affairs Courts<\/p>\n<\/td>\n

\n

2 <\/p>\n<\/td>\n

\n

1<\/p>\n<\/td>\n

\n

3<\/p>\n<\/td>\n

\n

66<\/strong> <\/p>\n<\/td>\n<\/tr>\n

\n

Youth <\/p>\n<\/td>\n

\n

5<\/p>\n<\/td>\n

\n

2 <\/p>\n<\/td>\n

\n

7<\/p>\n<\/td>\n

\n

71<\/strong><\/p>\n<\/td>\n<\/tr>\n

\n

Courts Administration<\/p>\n<\/td>\n

\n

1 <\/p>\n<\/td>\n

\n

3<\/p>\n<\/td>\n

\n

4<\/p>\n<\/td>\n

\n

25<\/strong> <\/p>\n<\/td>\n<\/tr>\n

\n

Total <\/strong><\/p>\n<\/td>\n

\n

200<\/strong> <\/p>\n<\/td>\n

\n

262<\/strong><\/p>\n<\/td>\n

\n

462<\/strong> <\/p>\n<\/td>\n

\n

43<\/strong><\/p>\n<\/td>\n<\/tr>\n<\/table>\n

<\/p>\n

\n

 <\/strong><\/span>**<\/sup><\/span> Figures are as of 16 November 2000. <\/span><\/p><\/div>\n

\n

32.  Government Corporations <\/strong>. The 1993 amendment to the Government Corporations Law, 5735-1975 (section 18a) set a requirement for appropriate representation of both genders on the board of directors of every government corporation. Since the enactment of section 18 (a), there has been a significant increase in the number of women appointed to the board of directors of government corporations. According to recent data, 253 of a total of 685 directors (37 per cent) are women. <\/p><\/div>\n

\n

33.   Under the above-mentioned amendment, a feminist NGO won a suit against the Minister of Labor and Social Affairs following the appointment of a male deputy director general of the National Insurance Institute, in violation of the principle of adequate representation of women. In a precedent setting ruling, the Supreme Court declared that anyone responsible for the appointment of public officials must take every possible measure to uphold the doctrine of adequate representation of women (H.C.2761\/98 Israel Women’s Network v. The Minister of Labor and Social Affairs<\/i>). <\/p><\/div>\n

\n

Women in the Military and Police<\/strong><\/p><\/div>\n

\n

34.   Under recent legislation, all militaryprofessions in Israel, including combat positions will be open to both men and women. The military leadership has also committed itself to placing women in higher ranks and positions. The Israeli Air Force has continued the implementation of its egalitarian policy regarding women’s service as air crew, which was still in its initiative steps by the time of the submission of the Initial Periodic Report. Today, four women are already serving in this capacity.<\/p><\/div>\n

\n

35.   The IDF has embarked on several programs aimed to advance the status of women in the military forces. Among which are a program of workshops and empowerment courses to encourage junior officers to advance within the military, along with the appointment by the chief of staff of an advisory committee to identify female officers with potential for senior leadership positions. Another program, initiated in conjunction with the Ministry of Education, encourages female recruits to choose to enlist in technological branches of the military and discharged female soldiers to continue their technological education. <\/p><\/div>\n

\n

Equality in Employment <\/strong><\/p><\/div>\n

\n

36.   Over 60% of Israeli women are still concentrated in a small number of large, female-dominated, labor intensive, and low-paying occupations, whichencompass less than 25% of the range of occupations in Israel. It is thusnot surprising that women comprise more than 70% ofthose who earn lessthan the average minimal wage. In addition, women are the first to be hit by unemployment. In 1998, while theannual national unemployment rate was 8.6, women’s unemployment reached nearly 10 per cent. Several legislative changes, which will be detailed below, seek to solve this problem and close the gender gap, which still exists in certain areas of [text missing at this point].<\/p><\/div>\n

\n

37.   The 1998 amendment to the Women’s Employment Law, 5714-1954 protects women requiring hospitalization for themselves or their infants after child birth, prohibits dismissal during pregnancy of both permanent and temporary women workers, prohibits dismissal within 45 days after maternity leave, and prohibits dismissal for reason of absence from work for health reasons after giving birth. <\/p><\/div>\n

\n

  Additional provisions prohibit dismissal after unpaid leave following (paid) maternity leave and reduction of work hours of pregnant women. According to the new legislation, a woman may, under certain conditions, work overtime, even after the fifth month of pregnancy. <\/p><\/div>\n

\n

38.   Legislation mandating the integration of supplementary benefits (e.g. travel and clothing allowances) into salaries has recently been passed in the Knesset. This legislation is intended to help eliminate gender discrimination and to correct wage gaps, which have persisted despite equal pay legislation. <\/p><\/div>\n

\n

39.   The Department of Women’s Employment at the Ministry of Labor and Social Affairs has established the Unit for the Advancement of Women, specifically dedicated to the development of models for several types of empowerment workshops, including courses for Bedouin and Arab women. <\/p><\/div>\n

\n

40.   In recognition of the wave of unemployment and its implications for women, the Minister of Labor and Social Affairs, in conjunction with the AASW, seeks to revise the traditional programs of occupational training, to provide women with training in more viable professions, such as computers, communications and technological education. <\/p><\/div>\n

\n

41.   Only a handful of women attain top posts in management, whether in industry, government, the public sector or academia. Only 2% of women serve in positions of senior management and\/or on the board of directors of large companies. <\/p><\/div>\n

\n

42.   Occupational Distribution<\/strong> . Differences in employment patterns between men and women in Israel are shown in the following table, showing the relative level of employment in various branches of the economy. Few significant changes have occurred in the occupational distribution of women since the submission of the Initial Periodic Report. However, at present, 3.5% of all employed women in Israel are employed in managing positions – an increase of 75% since 1998. <\/p><\/div>\n

\n

Table 1: Percent of Women and Men in Economic Branches, 1999<\/strong><\/p><\/div>\n

<\/p>\n

\n\n\n
\n

Economic Branch<\/strong><\/p>\n<\/td>\n

\n

% of Total<\/strong><\/p>\n

Employed Men<\/strong><\/p>\n

in Branch <\/strong><\/p>\n<\/td>\n

\n

% of Total<\/strong><\/p>\n

Employed Women<\/strong><\/p>\n

in Branch<\/strong><\/p>\n<\/td>\n<\/tr>\n<\/table>\n

<\/p>\n

\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
\n

Agriculture <\/p>\n<\/td>\n

\n

3.3<\/p>\n<\/td>\n

\n

1.1<\/p>\n<\/td>\n<\/tr>\n

\n

Manufacturing<\/p>\n<\/td>\n

\n

24.1 <\/p>\n<\/td>\n

\n

11.4<\/p>\n<\/td>\n<\/tr>\n

\n

Electricity and water supply <\/p>\n<\/td>\n

\n

1.4<\/p>\n<\/td>\n

\n

0.3<\/p>\n<\/td>\n<\/tr>\n

\n
\n

Construction (building &<\/p><\/div>\n

\n

engineering projects)<\/p><\/div>\n<\/td>\n

\n

9.6 <\/p>\n<\/td>\n

\n

0.9<\/p>\n<\/td>\n<\/tr>\n

\n

Trade and motor vehicle repair<\/p>\n<\/td>\n

\n

14.5<\/p>\n<\/td>\n

\n

11.8<\/p>\n<\/td>\n<\/tr>\n

\n

Accommodation services & restaurants<\/p>\n<\/td>\n

\n

4.4<\/p>\n<\/td>\n

\n

4.1 <\/p>\n<\/td>\n<\/tr>\n

\n

Transport, storage & communication <\/p>\n<\/td>\n

\n

8.6<\/p>\n<\/td>\n

\n

3.7<\/p>\n<\/td>\n<\/tr>\n

\n

Banking, insurance & finance <\/p>\n<\/td>\n

\n

2.7<\/p>\n<\/td>\n

\n

4.4<\/p>\n<\/td>\n<\/tr>\n

\n

Business activities<\/p>\n<\/td>\n

\n

10.9 <\/p>\n<\/td>\n

\n

10.2 <\/p>\n<\/td>\n<\/tr>\n

\n

Public administration<\/p>\n<\/td>\n

\n

5.6 <\/p>\n<\/td>\n

\n

5.3<\/p>\n<\/td>\n<\/tr>\n

\n

Education<\/p>\n<\/td>\n

\n

5.5 <\/p>\n<\/td>\n

\n

21.3<\/p>\n<\/td>\n<\/tr>\n

\n

Health, welfare & social services <\/p>\n<\/td>\n

\n

4.5<\/p>\n<\/td>\n

\n

16.7<\/p>\n<\/td>\n<\/tr>\n

\n

Community, social & personal services<\/p>\n<\/td>\n

\n

4.3<\/p>\n<\/td>\n

\n

5.1 <\/p>\n<\/td>\n<\/tr>\n

\n
\n

Private households with <\/p><\/div>\n

\n

domestic personnel<\/p><\/div>\n<\/td>\n

\n

0.4 <\/p>\n<\/td>\n

\n

3.7<\/p>\n<\/td>\n<\/tr>\n

\n

 <\/p>\n<\/td>\n

\n

 <\/p>\n<\/td>\n

\n

 <\/p>\n<\/td>\n<\/tr>\n

\n

Total<\/strong> <\/p>\n<\/td>\n

\n

100<\/strong><\/p>\n<\/td>\n

\n

100 <\/strong><\/p>\n<\/td>\n<\/tr>\n<\/table>\n

\n

Table 2: Employed Persons, By Last Occupation and Gender<\/strong><\/p><\/div>\n

<\/p>\n

\n\n\n\n\n\n\n\n\n\n\n\n
\n

 <\/p>\n<\/td>\n

\n

Percent of all Employed Men<\/strong><\/p>\n<\/td>\n

\n

Percent of all Employed Women<\/strong><\/p>\n<\/td>\n<\/tr>\n

\n

Academic professionals<\/p>\n<\/td>\n

\n

12.2<\/p>\n<\/td>\n

\n

13.0<\/p>\n<\/td>\n<\/tr>\n

\n

Associate professionals and technicians <\/p>\n<\/td>\n

\n

10.5<\/p>\n<\/td>\n

\n

19.7<\/p>\n<\/td>\n<\/tr>\n

\n

Managers<\/p>\n<\/td>\n

\n

8.7 <\/p>\n<\/td>\n

\n

3.5<\/p>\n<\/td>\n<\/tr>\n

\n

Clerical workers<\/p>\n<\/td>\n

\n

8.2 <\/p>\n<\/td>\n

\n

27.7<\/p>\n<\/td>\n<\/tr>\n

\n

Agents, sales workers and service workers<\/p>\n<\/td>\n

\n

15.3<\/p>\n<\/td>\n

\n

21.9 <\/p>\n<\/td>\n<\/tr>\n

\n

Skilled agricultural workers <\/p>\n<\/td>\n

\n

2.9<\/p>\n<\/td>\n

\n

0.6<\/p>\n<\/td>\n<\/tr>\n

\n

Industry, construction & other skilled workers<\/p>\n<\/td>\n

\n

33.8 <\/p>\n<\/td>\n

\n

5.6<\/p>\n<\/td>\n<\/tr>\n

\n

Unskilled workers<\/p>\n<\/td>\n

\n

8.4 <\/p>\n<\/td>\n

\n

8.2<\/p>\n<\/td>\n<\/tr>\n

\n

Total<\/strong><\/p>\n<\/td>\n

\n

100 <\/strong><\/p>\n<\/td>\n

\n

100<\/strong><\/p>\n<\/td>\n<\/tr>\n<\/table>\n

\n

43.   The ability of a woman to continue working right after childbirth has been enhanced through a recent decision in the Circuit Labor Court in Tel Aviv. This court adopted a broad interpretation of a provision of the Equal Employment Opportunities Law, 5748-1988, under which a female parent, entitled to a shorter working day, can pass that right to her spouse, regardless of whether her being a hired worker or an independent businesswoman. The court has held that this interpretation, which expands the circle of male workers, willing to tend to their children while their spouse is out working, is consistent with the view that objects to gender based discrimination. The court further emphasized that it is unjustified to discriminate between men and women as to their chances and ability for equal employment, a flourishing career, self fulfilment and satisfaction at the work place (Labor 031993\/96 Yahav v. The State of Israel<\/i>). <\/p><\/div>\n

\n

44.  Education. <\/strong>The Ministry of Education has instituted “Equality 2000”, a unique program, designed to further equal opportunity between the genders in the education system. The program, scheduled to run for four years, will reach pupils, teachers and counselors as well as parents. A pilot program has been operated in four schools whose populations represent different sectors of Israeli society and the program will be expanded in the coming year.<\/p><\/div>\n

\n

45.  Women in the Media<\/strong> . The Commission on the Status of Women in Radio and Television, under the purview of The Israel Broadcasting Authority, actively attempts to promote the participation of women at all levels of Media. The commission has sponsored courses for women within the broadcasting authority. These courses provide information on women’s rights, awareness training concerning the role of the media in advancing the status of women, skills for working in male-dominated environments, and personal and professional empowerment. <\/p><\/div>\n

\n

46.   Equal rights in the Domestic Sphere. <\/strong>Israeli law and practice regarding the equality between spouses, and between spouses and their children, are discussed under articles 23 and 24. <\/p><\/div>\n

\n

Violence Against Women <\/strong><\/p><\/div>\n

\n

Domestic Violence<\/i><\/p><\/div>\n

\n

47.   Protection from violence is provided at 12 shelters for battered women, located throughout the country. Due to their particular cultural and religious needs, there are special centers for Arab women (one) and for ultra-Orthodox Jewish women. Together, these shelters provide emergency intervention for nearly 1,600 women and children yearly. <\/p><\/div>\n

\n

  The shelters provide professional counseling, legal advice and assistance, as well as childcare and rehabilitation. Several shelters also have multi-lingual staff and volunteers in order to assist immigrant women. Children continue in community-based day care or elementary school frameworks while residing in the shelter. In addition, there are thirty transitional apartments, which provide women with additional options when they are ready to leave the shelters. <\/p><\/div>\n

\n

  A unique shelter for abusive men who have been removed from their homes by court orders has been established. In this shelter, the men receive group and individual treatment, as well as consciousness-raising and behavior modification counseling. <\/p><\/div>\n

\n

48.   At least ten hotlines are devoted to battered women throughout the country; one is devoted to Arabic speakers, while Russian and Amharic (Ethiopian) speakers are available on most of the others. Callers receive advice and information from trained volunteers. <\/p><\/div>\n

\n

49.   During the course of 1999 – upon the initiative and financial support of the National Authority for the Advancement of the Status of Women – the Department held a wide range of activities on the subject of domestic violence and violence against women, including information and counseling session which drew as many as 13,500 male and female workers and employees. <\/p><\/div>\n

\n

50.   There are 25 centers for the prevention of family violence, located throughout the country. These centers are jointly funded and administered by the Ministry of Labor and Social Affairs, women’s organizations, and the local authorities. The centers provide direct treatment, visiting centers where parents and children who have been separated can meet (under supervision if necessary); and legal advice and research and information.<\/p><\/div>\n

\n

51.   The Knesset has recognized the Battered Women’s Syndrome, acknowledging the right of a battered woman to defend herself against her attacker and effectively broadening the definition of “self-defense”.   <\/p><\/div>\n

\n

52.   Furthermore, the Knesset has passed an amendment to the Penal Code to allow the courts to impose more lenient sentences on victims of severe abuse who have been convicted of murdering the perpetrator of the abuse. While the amendment is not limited to abuse within the family, it seems that this will be among its most important applications. <\/p><\/div>\n

\n

53.   Police treatment of Domestic Violence. <\/strong>Police personnel currently receive special training for dealing with family violence. Police policy dictates that domestic violence be treated as a violent crime, and that the victim be protected. Furthermore, the police may continue to investigate a complaint of violence even if the woman withdraws her complaint. However, as in most countries, the majority of abused women do not file complaints with the police. <\/p><\/div>\n

\n

  The police also have the prerogative of filing a report even if the abused woman declines to do so. Women’s organizations report that cooperation with the police is generally effective, and the Minister of Public Security has appointed an advisor on violence against women. <\/p><\/div>\n

\n

54.   In March 1995, the Knesset appointed a parliamentary committee of inquiry to investigate the subject of women murdered by their spouses and life partners. The committee further broadened its mandate to investigate the subject of violence against women, so as to investigate the subject of violence against women and presented its conclusion and recommendations in June 1996. This comprehensive report analyzed the causes of domestic violence, the adequacy and efficacy of existing services, and gaps in service-provision. The report presented comprehensive, integrated and binding recommendations to each of the relevant Ministries. <\/p><\/div>\n

\n

55.   Building on this report, the government decided in 1998 to establish an inter-ministerial committee to deal with issues of law enforcement and strengthening of existing services. The committee was chaired by the director general of the Ministry of Labor and Social Affairs, and included representatives from the Prime Minister’s Office, the AASW, the Ministry of Public Security, the Ministry of Health the Ministry of Education and women’s organizations. In 1997-98, the Prime Minister’s Office sponsored a national media campaign against violence against women, including a national hotline and referral service.<\/p><\/div>\n

\n

Sexual Harassment<\/strong><\/p><\/div>\n

\n

56.   In March 1998, the Knesset passed a far-reaching sexual harassment law, one of the most comprehensive laws of its kind in the world. The law provides a broad definition of sexual harassment, and makes such behavior both a criminal and civil offence. The law applies not only to the civilian labor market, but also to the military, police, as well as all institutions of higher education. The law holds the employer responsible for instructing his workers in abstaining from sexually harassing behavior. Furthermore, the employer must establish procedures for submitting complaints and is required to deal with all complaints effectively. <\/p><\/div>\n

\n

57.   In the past year, there has been a significant increase in complaints. This can be attributed to both the new legislation, and to the growing public awareness of the subject fostered by it. <\/p><\/div>\n

\n

58.   As the sponsors of the bill had hoped, the law has also served as a springboard for numerous institutions to initiate a process of discussion and awareness of gender equality among both men and women. Following its enactment, the AASW, together with numerous women’s organizations, is conducting extensive educational campaigns. The AASW further provides supervision, follow-up and monitoring of all government ministries, municipalities, local councils, and academic institutions regarding enforcement of the Sexual Harassment Law. <\/p><\/div>\n

\n

59.   The Supreme Court has issued several precedent-setting decisions in regard to sexual harassment. Even prior to the enactment of the Sexual Harassment Law, the court has held that a professor who sexually harassed a student was to be convicted in the offence of behaving in a manner inappropriate for a civil servant, asserting that sexual harassment is a prohibited violation of human dignity (Civil Service Appeal 6713\/96 The State of Israel v. Zohar Ben Asher<\/i>). <\/p><\/div>\n

\n

  Under the new Sexual Harassment law, the Supreme Court has prevented the promotion of an IDF officer to the rank of general, after he was found guilty of abusing his superior rank in order to become involved in a sexual relationship with one of his subordinates (H.C. 1284\/99 Anonymous v. The IDF Chief of Staff<\/i> ). In another recent, precedent setting decision, the court has held that the reprimanding of a civil servant convicted of sexual harassment is an insufficient disciplinary method, and ordered his dismissal from the service (Civil Service Appeal 1298\/00 The State of Israel v. Bruchin<\/i> ). The lower courts throughout the State of Israel are applying these precedents, set by the Supreme Court. <\/p><\/div>\n

\n

  The IDF has committed itself to addressing issuesrelated to sexual violence and harassment in the military, and all recruits, bothmen and women, participate in a program of empowerment and awareness to counteract harassment. <\/p><\/div>\n

\n

Treatment of Rape Victims<\/strong> <\/p><\/div>\n

\n

60.   Israel’s eight rape crisis centers receive over 10,000 referrals each year. These centers also maintain hotlines and provide educational services. Public support for the rape crisis centers is relatively low. Donations and contributions provide most of the support. The centers report that while police directives are meant to provide sensitive and effective care for the victim, the implementation of these directives is not uniform throughout the country. Moreover, in Israel, as in other countries, assaulted women are often reluctant to contact the police. <\/p><\/div>\n

\n

Trafficking in Women<\/strong><\/p><\/div>\n

\n

61.   In its comments on Israel’s Initial Periodic Report, the HRC expressed concern in regard to Israel’s treatment of the victims of trafficking in women. In July 2000, the Penal law was amended to include section 203A – Trafficking in Human Beings for Prostitution. The provisions of section 203A apply a maximum sentence of 16 years of imprisonment on any person who engages in trafficking in human beings for prostitution, and a maximum sentence of 10 years on any person who causes another person to leave the country in which he or she resides, in order to engage them in prostitution.<\/p><\/div>\n

\n

62.   As the amendment is recent, there are no cases which have gone through the entire trial process thus far. However, the effect of the amendment has been felt in decisions relating to bail. In a decision given in a criminal case under section 203A, Judge Cheshin of the Supreme Court had expressed the severity in which Israeli courts regard the phenomenon of trafficking, saying, inter alia<\/i>, that:<\/p><\/div>\n

\n

“The provisions of section 203A of the Penal Law are meant to combat the modern and ugly form of the slave trade of bygone days, and we, the courts, are charged with the task of raising our contribution in this war, a fight to the finish… [T]he war against the trade in human beings to engage in prostitution, is like the war between Israel and the Amalekites [ In the Old Testament, a tribe that tried to destroy the Israelites]. <\/i>… a war in which there are no cease-fires and no compromises.” <\/p><\/div>\n

\n

Criminal Hearing Request 7542\/00, Chanukow v. The State of Israel( <\/i>Unpublished)<\/i><\/p><\/div>\n

\n

63.   The effect of the amendment has also been felt in cases in which there was some measure of consent on the part of the victim. Supreme Court Justices have said several times that whether or not the victim consents, if the elements of trafficking are present, the offence has been completed and such an offence is viewed with gravity.<\/p><\/div>\n

\n

64.   We should also note that currently victims of trafficking who choose to testify are housed in hotels or hostels, at the expense of the police, under police protection. In addition, as a matter of policy, the Israeli police does not prosecute these women for crimes relating to their illegal entry into Israel. <\/p><\/div>\n

\n

65.   The suffering of women who were victims of such offences is a matter of concern to the Attorney General, and in November 2000 he appointed an inter-ministerial committee to recommend steps to combat this phenomena. Since then the committee has heard many witnesses and formulated a series of recommendation which will be publicized soon. Among these recommendations – the founding of a shelter for victims, financing legal representation for the victims, taking legal action against traffickers for income tax and money laundering crimes, extending the jurisdiction of the courts to order forfeiture of the profits of such crimes, running awareness campaigns in order to alert potential victims etc. A parliamentary committee is also carrying an investigation into trafficking in women. Its recommendations will be drafted soon.<\/p><\/div>\n

\n

66.   Israeli women’s and human rights organizations have established a coalition to combat trafficking in women and to assist its victims. At this time, they are attempting to raise funds to establish a shelter for such trafficking victims. In addition, a telephone hotline has begun to function. The coalition is also attempting to prevent trafficking through the preparation of a data sheet to be distributed, with the help of organizations in Eastern Europe, to women intending to work in Israel. They are also advocating for the enforcement of existing laws against traffickers and to improve the conditions of incarcerated women awaiting deportation.<\/p><\/div>\n

\n

Status of Arab Women<\/strong><\/p><\/div>\n

\n

67.   In its comments regarding the Initial Periodic Report, the HRC expressed a specific concern as to the status of women belonging to the Arab minority. Admittedly, Arab women are still among the most disadvantaged groups of women in Israel. However, Since the establishment of the AASW, certain targeted measures has been taken in order to expedite progress towards equality. Inter alia<\/i> , the AASW is sponsoring a series of literacy projects for women in the Arab and Bedouin sectors. This program is the result of the express requests of the women themselves, and has established a new Arab-language hotline for personal status issues which now provides emergency information and referral services. <\/p><\/div>\n

\n

68.   Several women’s NGOs have established special projects to advance the status of Arab women pursuant to the law, through amendments of current family courts laws. Such amendments would enable Arab women to settle issues of maintenance and custody in civil courts, which are bound by principles of gender equality, rather than at the religious courts which are bound by religious law. <\/p><\/div>\n

\n

69.   The Ministry of Religious Affairs has instituted a course that trains women to serve as “pleaders” (representatives) in the Muslim religious courts. The nineteen participants are studying topics such as Islamic religious law, Israeli civil law and feminist thought. Upon successful completion of their exams, the ministry will accredit the graduates. Similar courses are offered to Jewish women, who act as pleaders for women in the rabbinical courts. <\/p><\/div>\n

\n

Article 4 – States of Emergency<\/strong><\/p><\/div>\n

\n

70.   In its comments on the Initial Periodic Report, the HRC expressed concern with regard to the continuing state of emergency in Israel. <\/p><\/div>\n

\n

71.   As explained in detail in the Initial Periodic Report, under Basic Law: The Government, the Knesset may declare a state of emergency for a period of up to one year. The State of Israel <\/p><\/div>\n

\n

has remained in an officially proclaimed state of public emergency since May 19, 1948, four days after its founding, until the present day. Consequently, Israel has made a declaration regarding the existence of a state of emergency upon ratifying the Covenant.<\/p><\/div>\n

\n

72.   In recent years, The Government of Israel has been inclined to refrain from extending the state of emergency any further. However, the actual termination of the state of emergency could not be executed immediately, as certain fundamental laws, orders and regulations legally depend upon the existence of a state of emergency. These acts of legislation must be revised, so as not to leave crucial matters of the state unregulated when the state of emergency expires. Since January 2000, the government has decided to ask the Knesset to extend the state of emergency to a reduced period of six months, and not for a year, the maximum period prescribed under section 49(b) of Basic Law: The Government, as was the former practice.<\/p><\/div>\n

\n

73.   Following the present extension of the state of emergency, the Israeli government and the Knesset have embarked on a joint program to complete the needed legislative procedures required in order to end the state of emergency. As a result, measures toward a termination of the state of emergency were accelerated during the previous months, including concentration of orders considered to be canceled. In addition, the Military Service Law was amended. As a result, non of its articles are now linked to the state of emergency. Other laws are still in the process of revision, in collaboration with the relevant ministries. <\/p><\/div>\n

\n

74.   In a recent petition to the High Court of Justice, there was a demand to pronounce the declaration regarding the existence of a state of emergency void, or alternatively, order that it is to be immediately terminated. The petitioners claim that the ongoing state of emergency poses a threat to democracy and to civil rights and that in the present circumstances it is no longer vital. At present, the matter is still pending before the High Court of Justice. The government has submitted to the Court, upon its request, a comprehensive estimated schedule regarding the measures required in order to replace the acts of legislation linked directly to the state of emergency. <\/p><\/div>\n

\n

Article 5 – Non-derogable Nature of Fundamental Rights<\/strong><\/p><\/div>\n

\n

75.   This issue has been discussed in Israel’s previous report and no change has occurred in this area since the 1998 submission of the Initial Periodic Report. <\/p><\/div>\n

\n

Article 6 – Right to Life<\/strong><\/p><\/div>\n

\n

Reduction of Infant Mortality, Epidemics and Malnutrition <\/strong><\/p><\/div>\n

\n

76.   Recent statistics indicate that Israel’s infant mortality rate continues to decrease. Among Jewish, Christian and Druze newborns, the infant mortality rate fell to 7.5 deaths for every 1,000 live births, as per the Ministry of Health’s goal for the year 2000, set in 1989. Among the Muslim population, despite the continuing decrease in child mortality rate, the aforementioned objectives are yet to be achieved. The further decrease in infant mortality over the last quarter decade, and the causes for such deaths, are shown in the following tables:<\/p><\/div>\n

<\/p>\n

\n

Table 1: Infant Mortality, 1995-1998 – Per 1,000 Live Births<\/strong> <\/p><\/div>\n

<\/p>\n

\n\n\n\n\n\n\n
\n

 <\/p>\n<\/td>\n

\n

Total<\/strong> <\/p>\n<\/td>\n

\n

Jews<\/strong><\/p>\n<\/td>\n

\n

Muslims<\/strong><\/p>\n<\/td>\n

\n

Non-Jews (Total)<\/strong><\/p>\n<\/td>\n<\/tr>\n

\n

1995<\/p>\n<\/td>\n

\n

6.8<\/p>\n<\/td>\n

\n

5.6 <\/p>\n<\/td>\n

\n

9.9<\/p>\n<\/td>\n

\n

9.6<\/p>\n<\/td>\n<\/tr>\n

\n

1996<\/p>\n<\/td>\n

\n

6.3<\/p>\n<\/td>\n

\n

5.0 <\/p>\n<\/td>\n

\n

10.0<\/p>\n<\/td>\n

\n

9.3<\/p>\n<\/td>\n<\/tr>\n

\n

1997<\/p>\n<\/td>\n

\n

6.4<\/p>\n<\/td>\n

\n

5.0 <\/p>\n<\/td>\n

\n

10.2<\/p>\n<\/td>\n

\n

9.4<\/p>\n<\/td>\n<\/tr>\n

\n

1998<\/p>\n<\/td>\n

\n

5.8<\/p>\n<\/td>\n

\n

4.7 <\/p>\n<\/td>\n

\n

8.7<\/p>\n<\/td>\n

\n

8.3<\/p>\n<\/td>\n<\/tr>\n<\/table>\n

\n

 <\/span>** <\/sup><\/span>1997-1998 – temporary data<\/span><\/p><\/div>\n

\n

 <\/strong><\/p><\/div>\n

\n

Table 2:   Infant Mortality (Rate per 1000 Live Births) By Religion and Age <\/strong><\/p><\/div>\n

\n

    of Neonate at Death, 1992-1996<\/strong> <\/p><\/div>\n

<\/p>\n

\n\n\n
\n

Cause of Death<\/strong><\/p>\n<\/td>\n

\n

Total<\/strong><\/p>\n<\/td>\n

\n

Early Neonatal<\/strong><\/p>\n

Mortality <\/strong><\/p>\n

0-6 Days<\/p>\n<\/td>\n

\n

Late Neonatal<\/strong><\/p>\n

Mortality <\/strong><\/p>\n

7-27 Days<\/p>\n<\/td>\n

\n

Post-<\/strong><\/p>\n

Neonatal<\/strong> <\/p>\n

Mortality<\/strong><\/p>\n

28-365 Days<\/p>\n<\/td>\n<\/tr>\n<\/table>\n

<\/p>\n

\n\n\n
\n

Total<\/strong> <\/p>\n<\/td>\n<\/tr>\n<\/table>\n

<\/p>\n

\n\n\n\n\n\n\n\n\n
\n

Total<\/strong> <\/p>\n<\/td>\n

\n

7.6<\/strong><\/p>\n<\/td>\n

\n

3.5<\/strong> <\/p>\n<\/td>\n

\n

1.3<\/strong><\/p>\n<\/td>\n

\n

2.8<\/strong> <\/p>\n<\/td>\n<\/tr>\n

\n

Infectious and parasitic diseases <\/p>\n<\/td>\n

\n

0.1<\/p>\n<\/td>\n

\n

..<\/p>\n<\/td>\n

\n

(0.0) <\/p>\n<\/td>\n

\n

0.1<\/p>\n<\/td>\n<\/tr>\n

\n

Pneumonia<\/p>\n<\/td>\n

\n

0.1 <\/p>\n<\/td>\n

\n

 <\/p>\n<\/td>\n

\n

(0.0)<\/p>\n<\/td>\n

\n

0.1<\/p>\n<\/td>\n<\/tr>\n

\n

Congenital anomalies<\/p>\n<\/td>\n

\n

2.2 <\/p>\n<\/td>\n

\n

0.4<\/p>\n<\/td>\n

\n

1.0<\/p>\n<\/td>\n

\n

2.2 <\/p>\n<\/td>\n<\/tr>\n

\n

Other causes of prenatal mortality <\/p>\n<\/td>\n

\n

3.4<\/p>\n<\/td>\n

\n

2.2<\/p>\n<\/td>\n

\n

0.7 <\/p>\n<\/td>\n

\n

0.5<\/p>\n<\/td>\n<\/tr>\n

\n

External causes<\/p>\n<\/td>\n

\n

0.2 <\/p>\n<\/td>\n

\n

(0.0)<\/p>\n<\/td>\n

\n

(0.0)<\/p>\n<\/td>\n

\n

0.2 <\/p>\n<\/td>\n<\/tr>\n

\n

All other and unspecified causes <\/p>\n<\/td>\n

\n

1.6<\/p>\n<\/td>\n

\n

0.2<\/p>\n<\/td>\n

\n

0.2 <\/p>\n<\/td>\n

\n

1.2<\/p>\n<\/td>\n<\/tr>\n<\/table>\n

<\/p>\n

\n\n\n
\n

Jews<\/strong><\/p>\n<\/td>\n<\/tr>\n<\/table>\n

<\/p>\n

\n\n\n\n\n\n\n\n\n
\n

Total<\/strong> <\/p>\n<\/td>\n

\n

5.9<\/strong><\/p>\n<\/td>\n

\n

3.1<\/strong> <\/p>\n<\/td>\n

\n

1.1<\/strong><\/p>\n<\/td>\n

\n

1.7<\/strong> <\/p>\n<\/td>\n<\/tr>\n

\n

Infectious and parasitic diseases <\/p>\n<\/td>\n

\n

0.1<\/p>\n<\/td>\n

\n

..<\/p>\n<\/td>\n

\n

(0.0) <\/p>\n<\/td>\n

\n

0.0<\/p>\n<\/td>\n<\/tr>\n

\n

Pneumonia<\/p>\n<\/td>\n

\n

0.0 <\/p>\n<\/td>\n

\n

 <\/p>\n<\/td>\n

\n

..<\/p>\n<\/td>\n

\n

0.0<\/p>\n<\/td>\n<\/tr>\n

\n

Congenital anomalies<\/p>\n<\/td>\n

\n

1.6 <\/p>\n<\/td>\n

\n

0.7<\/p>\n<\/td>\n

\n

0.3<\/p>\n<\/td>\n

\n

0.5 <\/p>\n<\/td>\n<\/tr>\n

\n

Other causes of prenatal mortality <\/p>\n<\/td>\n

\n

3.2<\/p>\n<\/td>\n

\n

2.2<\/p>\n<\/td>\n

\n

0.7 <\/p>\n<\/td>\n

\n

0.4<\/p>\n<\/td>\n<\/tr>\n

\n

External causes<\/p>\n<\/td>\n

\n

0.1 <\/p>\n<\/td>\n

\n

0.0<\/p>\n<\/td>\n

\n

(0.0)<\/p>\n<\/td>\n

\n

0.1 <\/p>\n<\/td>\n<\/tr>\n

\n

All other and unspecified causes <\/p>\n<\/td>\n

\n

0.9<\/p>\n<\/td>\n

\n

0.1<\/p>\n<\/td>\n

\n

0.1 <\/p>\n<\/td>\n

\n

0.7<\/p>\n<\/td>\n<\/tr>\n<\/table>\n

<\/p>\n

\n\n\n
\n

Non-Jews<\/strong><\/p>\n<\/td>\n<\/tr>\n<\/table>\n

<\/p>\n

\n\n\n\n\n\n\n\n\n
\n

Total<\/strong> <\/p>\n<\/td>\n

\n

11.4<\/strong><\/p>\n<\/td>\n

\n

4.5<\/strong> <\/p>\n<\/td>\n

\n

1.6<\/strong><\/p>\n<\/td>\n

\n

5.3<\/strong> <\/p>\n<\/td>\n<\/tr>\n

\n

Infectious and parasitic diseases <\/p>\n<\/td>\n

\n

0.4<\/p>\n<\/td>\n

\n

..<\/p>\n<\/td>\n

\n

.. <\/p>\n<\/td>\n

\n

0.3<\/p>\n<\/td>\n<\/tr>\n

\n

Pneumonia<\/p>\n<\/td>\n

\n

0.1 <\/p>\n<\/td>\n

\n

 <\/p>\n<\/td>\n

\n

..<\/p>\n<\/td>\n

\n

0.1<\/p>\n<\/td>\n<\/tr>\n

\n

Congenital anomalies<\/p>\n<\/td>\n

\n

3.7 <\/p>\n<\/td>\n

\n

1.7<\/p>\n<\/td>\n

\n

0.6<\/p>\n<\/td>\n

\n

1.4 <\/p>\n<\/td>\n<\/tr>\n

\n

Other causes of prenatal mortality <\/p>\n<\/td>\n

\n

3.8<\/p>\n<\/td>\n

\n

2.4<\/p>\n<\/td>\n

\n

0.6 <\/p>\n<\/td>\n

\n

0.7<\/p>\n<\/td>\n<\/tr>\n

\n

External causes<\/p>\n<\/td>\n

\n

0.3 <\/p>\n<\/td>\n

\n

..<\/p>\n<\/td>\n

\n

..<\/p>\n<\/td>\n

\n

0.2 <\/p>\n<\/td>\n<\/tr>\n

\n

All other and unspecified causes <\/p>\n<\/td>\n

\n

3.1<\/p>\n<\/td>\n

\n

0.3<\/p>\n<\/td>\n

\n

0.3 <\/p>\n<\/td>\n

\n

2.5<\/p>\n<\/td>\n<\/tr>\n<\/table>\n

\n

Incidence of Murder, Attempted Murder, Manslaughter and Negligent Homicide<\/strong> <\/p><\/div>\n

\n

77.   The following table is a compilation of the incidence of reported cases of the four types of offenses involving deprivation of life, as of August 2000 . <\/p><\/div>\n

\n\n\n\n\n\n\n\n\n\n\n
\n

Offense<\/strong><\/p>\n<\/td>\n

\n

Murder <\/strong><\/p>\n<\/td>\n

\n

Attempted murder<\/strong><\/p>\n<\/td>\n

\n

Manslaughter<\/strong><\/p>\n<\/td>\n

\n

Negligent homicide, excluding vehicle accidents<\/strong><\/p>\n<\/td>\n<\/tr>\n

\n

1997 –Reported cases<\/p>\n<\/td>\n

\n

117<\/p>\n<\/td>\n

\n

102<\/p>\n<\/td>\n

\n

17 <\/p>\n<\/td>\n

\n

72<\/p>\n<\/td>\n<\/tr>\n

\n

% arrested<\/p>\n<\/td>\n

\n

62.4%<\/p>\n<\/td>\n

\n

65.7%<\/p>\n<\/td>\n

\n

82.4%<\/p>\n<\/td>\n

\n

75.0%<\/p>\n<\/td>\n<\/tr>\n

\n

1998 – Reported cases<\/p>\n<\/td>\n

\n

147<\/p>\n<\/td>\n

\n

113<\/p>\n<\/td>\n

\n

7 <\/p>\n<\/td>\n

\n

62<\/p>\n<\/td>\n<\/tr>\n

\n

% apprehended<\/p>\n<\/td>\n

\n

4.6%<\/p>\n<\/td>\n

\n

65.5%<\/p>\n<\/td>\n

\n

71.4%<\/p>\n<\/td>\n

\n

72.6%<\/p>\n<\/td>\n<\/tr>\n

\n

1999 – Reported cases<\/p>\n<\/td>\n

\n

137<\/p>\n<\/td>\n

\n

105<\/p>\n<\/td>\n

\n

12 <\/p>\n<\/td>\n

\n

58<\/p>\n<\/td>\n<\/tr>\n

\n

% apprehended<\/p>\n<\/td>\n

\n

70.1%<\/p>\n<\/td>\n

\n

65.0%<\/p>\n<\/td>\n

\n

83.3%<\/p>\n<\/td>\n

\n

72.4%<\/p>\n<\/td>\n<\/tr>\n

\n
\n

Jan.- Aug. 2000<\/p><\/div>\n

\n

Reported cases <\/p><\/div>\n<\/td>\n

\n

85<\/p>\n<\/td>\n

\n

72<\/p>\n<\/td>\n

\n

11 <\/p>\n<\/td>\n

\n

29<\/p>\n<\/td>\n<\/tr>\n

\n

% apprehended<\/p>\n<\/td>\n

\n

63.5%<\/p>\n<\/td>\n

\n

58.3%<\/p>\n<\/td>\n

\n

72.7%<\/p>\n<\/td>\n

\n

55.1%<\/p>\n<\/td>\n<\/tr>\n<\/table>\n

\n

Environmental Policy<\/strong><\/p><\/div>\n

\n

78.  Air Quality.  <\/strong> Since the submission of the Initial Periodic Report, the State of Israel has completed a 24-station national monitoring network, composed of population and transportation stations, regional control centers and a national control center for data storage, analysis and display. The network, which monitors concentrations of sulfur dioxide, nitrogen oxide, ozone, carbon monoxide, particles smaller than 10 p.p.m and hydrocarbons, provides real-time information about air quality throughout the country. The information facilitates enforcement of air quality standards, identifies major sources of air pollution, and informs the general public about air quality levels. <\/p><\/div>\n

\n

  Sulfur dioxide emissions from the country’s oil fired power plants dropped dramatically from 113 thousand tons in 1990 to 55 thousand tons in 1999, mostly through the use of low-sulfur fuel.<\/p><\/div>\n

\n

  The Israeli Ministry of the Environment has issued some thirty personal decrees directed personally to those officials or top executives responsible for air pollution abatement under the Abatement of Nuisances Law. The Ministry of the Environment has also drafted new regulations for pollution prevention from powergenerating stations. These personal decrees and regulations will mandate use of fuel with low and very low sulfur concentrations, require old power units in Tel Aviv to switch to natural gas by 2003, phase out old oil-powered stations and replace them with combined cycle gas turbines by 2005, obligate the use of the best available technologies, demand continuous monitoring and reporting, and oblige the reduction of pollutants which are considered greenhouse gas emissions.<\/p><\/div>\n

\n

  Since the submission of the Initial Periodic Report, new environmental impact assessments were prepared for power plants, oil refineries, cement plants and other industrial plants expected to adversely impact the environment. <\/p><\/div>\n

\n

79.  Water Quality<\/strong>. <\/strong><\/i>The State of Israel has established the River Rehabilitation Authority and created river rehabilitation administrations for twelve rivers, which flow into the Mediterranean Sea and two rivers in the eastern basin of the country. Master plans have been drawn for these rivers, and landscape and park development have been initiated.<\/p><\/div>\n

\n

  Water quality in rivers is monitored in 110 effluent reservoirs on a biannual basis. <\/p><\/div>\n

\n

  The Ministry of the Environment has drafted recommendations on upgraded standards for wastewater and sludge treatment, and published a new Israeli standard on laundry powders. The standard reduces salt and boron content in detergents according to a graduated timetable. Implementation of the standard will enhance the possibility for wastewater reuse under conditions of water scarcity. The Ministry of the Environment has also promulgated regulations regarding the prevention of water pollution from gas stations and initiation of restoration projects for fuel-contaminated soils. Furthermore, new regulations have been published on effluent standards for industrial sewage. <\/p><\/div>\n

<\/p>\n

\n

Article 7 –  Freedom from Torture or Cruel, Inhuman or Degrading Treatment or Punishment<\/strong><\/p><\/div>\n

\n

80.   In its comments on the Israel’s Initial Periodic Report, the HRC expressed deep concern, that the guidelines for the conduct of interrogation of suspected terrorists, authorizing Israel’s Security Agency (ISA) to apply moderate physical pressure, can give rise to abuse and the violation of article 7 of the Covenant. <\/p><\/div>\n

\n

81.   From its foundation, the State of Israel has been engaged in an unceasing struggle for both its very existence and security. Terrorist organizations have established, as their goal, nothing less than Israel’s annihilation. To prevent terrorism effectively while ensuring that the basic human rights of even the most dangerous of criminals are protected, Israeli authorities have adopted strict rules for the handling of interrogations. <\/p><\/div>\n

\n

82.   The guidelines on interrogation were those laid down in 1987 by the Landau Commission of Inquiry, headed by former Supreme Court President, Justice Moshe Landau. As described in detail in articles 70-74 of the Initial Periodic Report, the commission determined that in dealing with dangerous terrorists who are shown to represent a grave threat to the State of Israel and its inhabitants, the use of a moderate degree of pressure, including physical pressure, to obtain information crucial for the protection of life is unavoidable in certain circumstances (H.C.J. 5100\/94 The Public Committee Against Torture v. The Government of Israel)<\/i>. <\/p><\/div>\n

\n

83.   These partly confidential guidelines were designed to enable investigators to obtain crucial information on terrorist activities from suspects who, for obvious reasons, would not volunteer such information, while at the same time ensuring that the suspects are not maltreated. However, On September 6, 1999, the High Court of Justice ruled that the ISA is no longer authorized, according to the present state of the law, to employ certain investigation methods that involve the use of physical pressure against such a suspect. <\/p><\/div>\n

\n

84.   This decision is a result of several petitions, which were brought before the Supreme Court (sitting as the High Court ofJustice), in which it was argued that certain methods used by the ISA (for instance, the shaking of a suspect, holding him in particular positions for a lengthy period and sleep deprivation) are unlawful. It was argued, among other reasons, that the illegality is due to the lack of authority permitting the use of these interrogation methods. <\/p><\/div>\n

\n

85.   The Court, in an extended panel of nine judges, unanimously accepted the applications before it. Speaking for the court, Chief Justice Aharon Barak held that ISA investigators are endowed with the same interrogation powers given to police investigators. The authority which allows the investigator to conduct a fair investigation does not allow him to torture a person, or to treat him in a cruel, inhuman or degrading manner. The Court recognized that, inherently, even a fair interrogation is likely to cause the suspect discomfort. The law does not, however, authorize the use of interrogation methods, which infringe upon the suspect’s dignity, for an inappropriate purpose, or beyond the necessary means. <\/p><\/div>\n

\n

86.   Additionally, the Court held that the “necessity” defense, as it appears in article 34(11) of the Israeli Penal Law (which negates criminal liability in certain circumstances), cannot constitute a general basis for allowing ISA investigators to employ interrogation methods involving the use of physical pressure against the suspect. An ISA investigator applying such prohibited interrogation methods is acting without authority. He or she may, however, potentially avail himself or herself of the “necessity” defense, under the circumstances provided by the law, if facing criminal charges for the use of prohibited interrogation methods. The attorney general may so instruct with respect to the circumstances under which charges will not be brought against ISA investigators, in light of the materialization of the conditions of “necessity.” At the same time, the “necessity” ; defense does not constitute a basis for authorizing the infringement of human rights in advance. The mere fact that a certain action does not constitute a criminal offence, under a given set of circumstances, does not in itself authorize the ISA to employ this method in the course of its interrogations. <\/p><\/div>\n

\n

87.   The judgement relates to the unique security problems faced by the State of Israel since its founding and to the requirements for fighting terrorism. In light of the above, the court highlights the difficulty associated with deciding this matter. This having been said, the court did not rule out the possibility that the Knesset may decide, in conformity with Basic Law: Human Dignity and Liberty, to amend the law so as to provide special authorization for the use of certain interrogation techniques. It is important to mention that the Knesset did not change the existing legislation relating to interrogations, and the ISA fully complies with the Supreme Court decision. <\/p><\/div>\n

\n

88.   Treatment of Detainees. <\/strong>On April 1, 1998, section 9 of the Arrests Law was amended and special arrangements were prescribed regarding the right of detainees (who had been indicted) to send and receive letters, including modes of inspection of letters.<\/p><\/div>\n

\n

  On November 25, 1999, the regulations under the Arrests (Conditions of Detention) Law were amended and the Inspector General of the Israel Police Force was empowered to order the denial of visits from a detainee person, as specified therein.<\/p><\/div>\n

\n

  The Israel Police Force complies with the provisions of the Arrests Law and the Regulations thereunder, although at certain times and at certain places of detention, rights are not fully upheld (for example, accommodation without a proper bed, separation and daily exercise). The police are currently renovating the places of detention for which it is responsible, expending scores of millions of New Israeli Shekels (“NIS”) on this project. The renovations should be completed within two years, and after completion the detention installations should be of a higher standard than that required under the Law.<\/p><\/div>\n

\n

Disciplinary and Criminal Proceedings and other Judicial Relief<\/strong><\/p><\/div>\n

\n

89.   A number of bodies are engaged in the investigation, examination and clarification of complaints against police officers: the Department of Investigation of Police Misconduct of the Ministry of Justice (the “ DIPM”) investigates criminal offenses which are punishable by imprisonment of more than one year; police investigation units investigate criminal offenses punishable by imprisonment of up to one year; the Israel Police Public Complaints Unit at its various levels, as well as investigating officers and committees examine and clarify those complaints not investigated by the DIPM and police investigation units.<\/p><\/div>\n

\n

  Depending on the results of the clarification of the complaints, criminal or disciplinary proceedings are taken against police officers found, prima facie<\/i>, to have committed an offense.<\/p><\/div>\n

\n

  The DIPM, which is responsible for the majority of criminal investigations against police officers, transfers files to the Disciplinary Department of the Police Personnel Department (the “Disciplinary Department”) in which disciplinary offenses are found to exist prima facie<\/i> , in order to examine such cases from the disciplinary aspect, including making a decision on initiating disciplinary action.<\/p><\/div>\n

\n

  Such files include files in which the offense ascribed to the police officer does not constitute a criminal offense, as well as files closed by the DIPM from the criminal aspect, on various grounds.<\/p><\/div>\n

\n

  In this regard, we should note that in files in regard to offenses relating to the use of unlawful force, the Director of the DIPM is competent to decide that disciplinary proceedings be taken.<\/p><\/div>\n

\n

90.   The Disciplinary Department examines files transmitted to it from various examining bodies, and decides whether disciplinary action should be taken. Such action includes bringing a person for a disciplinary hearing before a disciplinary tribunal, bringing a person for a disciplinary hearing before a sole adjudicator, or the giving of a warning. <\/p><\/div>\n

\n

  From the beginning of the investigation until after the conclusion of the criminal or disciplinary proceedings, if taken, the police also consider taking administrative proceedings, including dismissal from the police, suspension, being put on enforced vacation, transfer to another function, lowering of rank, delay in any rise in rank and issue of a warning.<\/p><\/div>\n

\n

91.   The following statistics were compiled by the Israel Police Force and the DIPM regarding the treatment of disciplinary and criminal complaints, respectively : <\/p><\/div>\n

<\/p>\n

\n

Table 1: Treatment of Disciplinary and Criminal Complaints<\/strong><\/p><\/div>\n

<\/p>\n

\n\n\n\n\n\n\n\n\n\n\n\n\n
\n

 <\/p>\n<\/td>\n

\n

1996<\/strong><\/p>\n<\/td>\n

\n

1997<\/strong><\/p>\n<\/td>\n

\n

1998<\/strong><\/p>\n<\/td>\n

\n

1999<\/strong><\/p>\n<\/td>\n<\/tr>\n

\n

No. of indictments filed in the Disciplinary Tribunal<\/p>\n<\/td>\n

\n

135 <\/p>\n<\/td>\n

\n

164<\/p>\n<\/td>\n

\n

175<\/p>\n<\/td>\n

\n

140 <\/p>\n<\/td>\n<\/tr>\n

\n

No. of indictments adjudicated in the Disciplinary <\/p>\n

Tribunal<\/p>\n<\/td>\n

\n

150<\/p>\n<\/td>\n

\n

147 <\/p>\n<\/td>\n

\n

137<\/p>\n<\/td>\n

\n

117<\/p>\n<\/td>\n<\/tr>\n

\n

No. of DIPM files regarding use of force – recommended <\/p>\n

to be put on trial<\/p>\n<\/td>\n

\n

18 <\/p>\n<\/td>\n

\n

38<\/p>\n<\/td>\n

\n

47<\/p>\n<\/td>\n

\n

78 <\/p>\n<\/td>\n<\/tr>\n

\n

No. of DIPM files regarding use of force – recommended <\/p>\n

for hearing before Disciplinary Tribunal<\/p>\n<\/td>\n

\n

121<\/p>\n<\/td>\n

\n

112 <\/p>\n<\/td>\n

\n

78<\/p>\n<\/td>\n

\n

69<\/p>\n<\/td>\n<\/tr>\n

\n

No. of DIPM files regarding the use of force – <\/p>\n

recommended for trial before a single adjudicator<\/p>\n<\/td>\n

\n

50<\/p>\n<\/td>\n

\n

65 <\/p>\n<\/td>\n

\n

34<\/p>\n<\/td>\n

\n

64<\/p>\n<\/td>\n<\/tr>\n

\n

No. of DIPM files received by the Disciplinary <\/p>\n

Department – recommendation to consider disciplinary <\/p>\n

proceedings<\/p>\n<\/td>\n

\n

406<\/p>\n<\/td>\n

\n

357 <\/p>\n<\/td>\n

\n

425<\/p>\n<\/td>\n

\n

424<\/p>\n<\/td>\n<\/tr>\n

\n

No. of officers dismissed from the force for involvement <\/p>\n

in violent offenses<\/p>\n<\/td>\n

\n

– <\/p>\n<\/td>\n

\n

4<\/p>\n<\/td>\n

\n

3<\/p>\n<\/td>\n

\n

7 <\/p>\n<\/td>\n<\/tr>\n

\n

No. of officers dismissed from the force for involvement <\/p>\n

in other offenses<\/p>\n<\/td>\n

\n

22 <\/p>\n<\/td>\n

\n

18<\/p>\n<\/td>\n

\n

32<\/p>\n<\/td>\n

\n

34 <\/p>\n<\/td>\n<\/tr>\n

\n

No. of officers dismissed from the force for disciplinary <\/p>\n

problems – functional or not-suitable<\/p>\n<\/td>\n

\n

16<\/p>\n<\/td>\n

\n

18 <\/p>\n<\/td>\n

\n

21<\/p>\n<\/td>\n

\n

38<\/p>\n<\/td>\n<\/tr>\n

\n

No. of officers suspended from the force for involvement <\/p>\n

in the commission of offenses <\/p>\n<\/td>\n

\n

13 <\/p>\n<\/td>\n

\n

10<\/p>\n<\/td>\n

\n

15<\/p>\n<\/td>\n

\n

15 <\/p>\n<\/td>\n<\/tr>\n<\/table>\n

\n

Table 2: Cases Handled by the Department for Investigation of Police Misconduct<\/strong><\/p><\/div>\n

<\/p>\n

\n\n\n\n
\n

Subject<\/strong> <\/p>\n<\/td>\n

\n

1997<\/strong><\/p>\n<\/td>\n

\n

1998 <\/strong><\/p>\n<\/td>\n

\n

1999<\/strong><\/p>\n<\/td>\n<\/tr>\n

\n

Number of Cases at the beginning of the year<\/p>\n<\/td>\n

\n

788<\/p>\n<\/td>\n

\n

924 <\/p>\n<\/td>\n

\n

1 097<\/p>\n<\/td>\n<\/tr>\n<\/table>\n

<\/p>\n

\n\n\n\n\n\n\n\n\n\n\n\n
\n

Cases opened during the year <\/p>\n<\/td>\n

\n

Use of Force<\/p>\n<\/td>\n

\n

2 605<\/p>\n<\/td>\n

\n

3 138<\/p>\n<\/td>\n

\n

3 477<\/p>\n<\/td>\n<\/tr>\n

\n

 <\/p>\n<\/td>\n

\n

Others <\/p>\n<\/td>\n

\n

2 429<\/p>\n<\/td>\n

\n

2 650<\/p>\n<\/td>\n

\n

2 667<\/p>\n<\/td>\n<\/tr>\n

\n

 <\/p>\n<\/td>\n

\n

Total<\/strong><\/p>\n<\/td>\n

\n

5 034<\/strong><\/p>\n<\/td>\n

\n

5 788 <\/strong><\/p>\n<\/td>\n

\n

6 144<\/strong><\/p>\n<\/td>\n<\/tr>\n

\n

Cases handled in full during the year<\/p>\n<\/td>\n

\n

Closed due to lack of guilt<\/p>\n<\/td>\n

\n

755<\/p>\n<\/td>\n

\n

833<\/p>\n<\/td>\n

\n

820 <\/p>\n<\/td>\n<\/tr>\n

\n

 <\/p>\n<\/td>\n

\n

Impossible to fully clarify<\/p>\n<\/td>\n

\n

5<\/p>\n<\/td>\n

\n

0<\/p>\n<\/td>\n

\n

0 <\/p>\n<\/td>\n<\/tr>\n

\n

 <\/p>\n<\/td>\n

\n

Lack of Evidence <\/p>\n<\/td>\n

\n

906<\/p>\n<\/td>\n

\n

1 101<\/p>\n<\/td>\n

\n

1 257<\/p>\n<\/td>\n<\/tr>\n

\n

 <\/p>\n<\/td>\n

\n

Disciplinary charges<\/p>\n<\/td>\n

\n

246<\/p>\n<\/td>\n

\n

333<\/p>\n<\/td>\n

\n

243 <\/p>\n<\/td>\n<\/tr>\n

\n

 <\/p>\n<\/td>\n

\n

Criminal charges <\/p>\n<\/td>\n

\n

173<\/p>\n<\/td>\n

\n

246<\/p>\n<\/td>\n

\n

216 <\/p>\n<\/td>\n<\/tr>\n

\n

 <\/p>\n<\/td>\n

\n

Other*<\/p>\n<\/td>\n

\n

686 <\/p>\n<\/td>\n

\n

669<\/p>\n<\/td>\n

\n

574<\/p>\n<\/td>\n<\/tr>\n

\n

 <\/p>\n<\/td>\n

\n

Total<\/strong> <\/p>\n<\/td>\n

\n

2 771<\/strong><\/p>\n<\/td>\n

\n

3 182 <\/strong><\/p>\n<\/td>\n

\n

3 110<\/strong><\/p>\n<\/td>\n<\/tr>\n<\/table>\n

<\/p>\n

\n\n\n\n\n\n
\n

Cases closed without an investigation<\/p>\n<\/td>\n

\n

2 127<\/p>\n<\/td>\n

\n

2 433<\/p>\n<\/td>\n

\n

2 987<\/p>\n<\/td>\n<\/tr>\n

\n

Remaining cases by end of year <\/p>\n<\/td>\n

\n

924<\/p>\n<\/td>\n

\n

1 097<\/p>\n<\/td>\n

\n

1 144<\/p>\n<\/td>\n<\/tr>\n

\n

Average number of cases treated per month<\/p>\n<\/td>\n

\n

231<\/p>\n<\/td>\n

\n

468 <\/p>\n<\/td>\n

\n

508<\/p>\n<\/td>\n<\/tr>\n

\n

Average duration of handling (months) <\/p>\n<\/td>\n

\n

4.0<\/p>\n<\/td>\n

\n

2.3<\/p>\n<\/td>\n

\n

2.3 <\/p>\n<\/td>\n<\/tr>\n<\/table>\n

\n

* Cases opened by mistake, cases united, unknown offender, lack of public interest.<\/p><\/div>\n

\n

\n

\n<\/p><\/div>\n
\n

Chart 1: Number of DIPM Files Recommended to be Put on Trial<\/strong><\/p><\/div>\n

\n

Training of Law Enforcement Officials <\/strong><\/p><\/div>\n

\n

<\/p><\/div>\n

\n

92.   The Israel Police Force maintains comprehensive training programs for personnel at all levels, based on a profession level as well as on the position held by the person on the hierarchical scale. In all the courses, without exception, human rights and human dignity are dealt with, either by directly dealing with these topics or by dealing with professional issues in the spirit of human rights and dignity.<\/p><\/div>\n

\n

  Special emphasis is placed on the issue at two junctures: first, in the police officers entry-level training course. This course has an important function, serving as a connecting factor to provide the civilian of yesterday with the rules of conduct and framework of reference required by him as a police officer.<\/p><\/div>\n

\n

  The second juncture is the officers’ course, which constitutes a change of status, where henceforth the police officer is not only responsible for his or her own values and norms of conduct but also for those personnel under his command.<\/p><\/div>\n

\n

  The training which the police give to police personnel and officers includes, inter alia<\/i> , workshops on “Human Rights and Democratic Values” led by presenters from the Association for Civil Rights in Israel and from the Council for the Rule of Law and Democracy. For example, 124 of these workshops were held in 1999, with the participation of thousands of police officers.<\/p><\/div>\n

\n

  Similarly, about 90 professional ethics workshops are held each year for about 3,000 police officers, in which emphasis is placed on human dignity. <\/p><\/div>\n

\n

Other Institutional Reform Measures <\/strong><\/p><\/div>\n

\n

93.   Further to the recommendations of the Kremnitzer Committee on Police Violence, adopted by the inspector-general, the police have, for a number of years, conducted numerous activities in many aspects relating to handling the occurrence of violent behavior among police <\/p><\/div>\n

\n

officers. In an effort to base appropriate norms among police officers regarding use of force while on duty, much has been done in recent years in terms of information and training, by means of courses and practical workshops. <\/p><\/div>\n

\n

  In addition, administrative action has been taken against police officers involved in the commission of violent crimes, and action has been aimed at increasing the involvement of those entrusted in the field to deal with this issue, including their increased responsibility for any excessive acts committed by the police officers subject to their control. For further information on the Kremnitzer Committee, please see section 199 of the Initial Periodic Report. <\/p><\/div>\n

\n

94.   The Goldberg Committee<\/strong>. <\/strong><\/i>As reported in detail in the Initial Periodic Report, a public committee headed by Supreme Court Justice Eliezer Goldberg was appointed in 1993 by the Minister of Justice and the Minister of Police to examine the validity of convictions based solely or almost solely upon the defendant’s confession, the availability of retrial, and other topics related to the rights of those investigated by the police. As part of the police preparations toward imposition of an obligation to record investigations, a trial model has been employed for about three years, in most police investigation units, of recording investigations in the most serious crimes. It should be noted that in view of these steps, the amount of voir dire<\/i> hearings has significantly decreased.<\/p><\/div>\n

\n

  One of the recommendations of the Goldberg Commission was to set up a school to learn investigative techniques. As a result of this, in September 1999 the police set up a center for training the Investigations Departmentdesigned to train the investigation and prosecution branches of the Israel Police Force. <\/p><\/div>\n

\n

  By August 30, 2000, 1,268 trainees had completed studies of various kinds at the continuing education center, designed to broaden the professional knowledge of investigators in the specific areas which an investigator particularly requires increased knowledge, such as the study of fraud and deceit, sex offenses, juvenile crime, questioning, offenses involving death, crime rings, and others areas.<\/p><\/div>\n

\n

95.   Commitment to Psychiatric Hospitals. <\/strong>The following table refers both to psychiatric hospitals and to psychiatric wards within the general hospitals: <\/p><\/div>\n

<\/p>\n

\n

Table 1 – Involuntary Psychiatric Commitments, 1995-1998<\/strong><\/p><\/div>\n

<\/p>\n

\n\n\n\n\n\n\n\n
\n

Year<\/strong><\/p>\n<\/td>\n

\n

Court ordered<\/strong><\/p>\n<\/td>\n

\n

District Psychiatrist’s order <\/strong><\/p>\n<\/td>\n<\/tr>\n

\n

1995<\/strong><\/p>\n<\/td>\n

\n

1 235<\/p>\n<\/td>\n

\n

1 589<\/p>\n<\/td>\n<\/tr>\n

\n

1996<\/strong><\/p>\n<\/td>\n

\n

1 110<\/p>\n<\/td>\n

\n

1 564<\/p>\n<\/td>\n<\/tr>\n

\n

1997<\/strong><\/p>\n<\/td>\n

\n

1 128<\/p>\n<\/td>\n

\n

2 039<\/p>\n<\/td>\n<\/tr>\n

\n

1998<\/strong><\/p>\n<\/td>\n

\n

1 310<\/p>\n<\/td>\n

\n

2 681<\/p>\n<\/td>\n<\/tr>\n

\n

1999<\/strong><\/p>\n<\/td>\n

\n

913<\/p>\n<\/td>\n

\n

3 257<\/p>\n<\/td>\n<\/tr>\n<\/table>\n

<\/p>\n

\n

96.   Since the submission of Initial Periodic Report, there has been an increase in the number of involuntary commitments to psychiatric hospitals, which now make up 14.6% of all commitments, as opposed to 9.7% in 1996. This rise can be attributed to the enactment of the Patient Rights Law 5756-1996. The law has brought about a notable increase in awareness to the <\/p><\/div>\n

\n

necessity to obtain the patient’s rational consent to the hospitalization, or an adequate legal substitute. Thus, statistics of cases when the patient had to be hospitalized involuntarily are now more accurate. <\/p><\/div>\n

\n

97.   The number of beds assigned for psychiatric hospitalization has decreased. Instead, a growing number of patients are referred to geriatric hospitals, hostels, and other alternatives provided by the community. An amendment to the Welfare (Treatment of Mentally Handicapped Persons) Law, 5729-1969 regarding the rehabilitation of the mentally disabled in the community was recently enacted. <\/p><\/div>\n

\n

Experimentation on Human Beings <\/strong><\/p><\/div>\n

\n

98.   In 1999, the regulations pursuant to the National Health (Medical Experiments on Human Beings) Law were amended in order to decentralize the authority to approve “simple” experiments. Authority was delegated to the Helsinki Committee and to the directors of hospitals, thus allowing more resources to be allocated to supervision and enforcement by the Ministry of Health. In addition, efforts are being made to pass the aforementioned regulations as primary legislation. <\/p><\/div>\n

\n

Prohibition of Human Cloning<\/strong> <\/p><\/div>\n

\n

99.   The Prohibition of Genetic Intervention (Human Cloning and Genetic Manipulation of Reproductive Cells) Law, 5759-1999 is an innovative statute. The law prohibits, for a period of five years, the performance of any act or intervention regarding human cells which is intended to clone a human being or create a human being by use of genetically altered cells.<\/p><\/div>\n

\n

  The law prescribes that the five-year period should be used to examine the consequences of such acts. For that purpose, the legislator has established an Advisory Committee, to pursue developments in medicine, science and biotechnology in the area of genetic experiments on human beings. The Advisory Committee shall submit a yearly report to the Minister of Health, to advise the Minister on the matters set out in the law, and to make recommendations to the Minister regarding the force of the prohibitions set out in the Law. <\/p><\/div>\n

\n

  To enable the law to advance at the same rate as scientific developments and not prevent them, the Minister of Health is authorized, after consulting with the advisory committee, to permit, by regulations, certain acts of genetic interference originally prohibited by the law. Those acts would be subject to attaining a permit in advance, and certain conditions may be imposed. Criminal penalties of two-years imprisonment have been set for breach of provisions of this law.<\/p><\/div>\n

\n

  It should be emphasized that the main purpose of the law was declaratory. At present, there are no experiments taking place in Israel aimed at cloning human beings. However, the legislator thought it important to declare that at this stage, prior to the full examination of all moral, legal, social and scientific aspects, the cloning technique is not a proper and desirable method of bringing a child into the world. <\/p><\/div>\n

\n

Article 8 – Prohibition of Slavery<\/strong><\/p><\/div>\n

\n

100.  General. <\/strong>As described in detail in the Initial Periodic Report, Israeli law does not allow hard labor to be imposed as the punishment for a crime. Incarcerated convicts are required to work at tasks or jobs which do not involve hard labor (Section 48 of the Penal Law, 5737-1977) unless the Exemptions Committee of the Prisons Service releases them from the obligation for reasons of rehabilitation, health or other reasonable grounds. <\/p><\/div>\n

\n

101.   Due to a lack of suitable employment, the prisoners’ workforce is not being utilized to the fullest capacity.<\/p><\/div>\n

\n

  Between November 1998 and the end of 1999, there was a 20 per cent increase in the number of employed prisoners. This increase derives, mostly, from the increase in the employment of prisoners in private entrepreneurs’ factories. <\/p><\/div>\n

\n

102.   The Prison Service work scheme operates in two major areas: On one hand it focuses on imparting the prisoners with professional skills. For that purpose, professional training courses are held within the prisons by the Ministry of Labor and Social Affairs, granting the graduating prisoners professional diplomas from the ministry. On the other hand, it deals with the employment of prisoners within the prisons. <\/p><\/div>\n

\n

103.   About 500 prisoners are employed in 17 branches of private entrepreneurs’ factories within the prisons’ industrial zones. The terms of the employment of prisoners are similar, and are set by agreement between the Prison Service and the private entrepreneur. Payment in these factories is determined by the worker’s productivity. In addition, approximately 350 prisoners are employed within the prisons in assembling different products. This is easy work, and is performed by prisoners who are not skilled assembly workers, and are thus unable to work in the commercial factories. <\/p><\/div>\n

\n

104.   When approaching the date of his release, the working prisoner joins an individual or a collective rehabilitative program. The prisoners in these programs are employed in factories outside the prison. At this time, about 300 prisoners are employed in such rehabilitative programs. <\/p><\/div>\n

\n

105.   The prisoners employed in the private entrepreneurs’ factories receive a fixed salary, slightly lower than the minimum wage .The Prison Service pays prisoners on a set date every month, even when the private entrepreneur has not yet provided the actual pay.<\/p><\/div>\n

\n

Foreign Workers<\/strong><\/p><\/div>\n

\n

106.  General. <\/strong>During the last six years, the number of foreign workers employed in Israel, with or without legal permit, has increased considerably. Thus, the employment of foreign workers has gained significance in the realm of labor, employment and welfare in Israel. The recent legislation regarding foreign workers reflects two major aims of the Israeli government: the reduction of the scope of foreign workers employment within the Israeli economy, and providing enforceable legal protection of the rights of foreign workers. While the past legislation used to deal only with the criminal aspect – punishment of those who employ foreign workers or act as agents without an appropriate license, the amendments the Foreign Workers (Unlawful Employment and the Securing of Suitable Conditions) Law, 5751-1991, have introduced three main additional aspects. They are dealing with securing the foreign worker’s rights, the imposition of compulsory fees on employers of foreign workers, and the necessity of imposing more severe punishment for violation of the law. <\/p><\/div>\n

\n

107.   Securing Foreign Workers Rights. <\/strong>Although the majority of the rights of foreign workers were already defined in various labor laws prior to the recent amendment, there was a growing necessity to combine them all under specific legislation. The reason was, inter alia<\/i> , that there were objective difficulties experienced by foreign workers due to their lack of familiarity with the Hebrew language and the standard conditions of work in Israel.<\/p><\/div>\n

\n

  Among the rights which were granted to foreign workers is the requirement for a labor contract detailed in writing in the foreign worker’s language, with a translation into Hebrew. An additional improvement is the obligation to provide medical insurance for the worker at the employer’s expense, since even though the Employment Service Law has required employers to insure their workers as part of the employment conditions, this was, until now, mainly an administrative arrangement. Finally, the new amendment contains an obligation to provide proper lodging and to ensure the welfare of foreign workers, both at the expense of the employer.<\/p><\/div>\n

\n

  In addition to these rights, employers are obliged to submit, to the payment division of Employment Service, monthly reports regarding the payment of wages for every foreign worker employed. Along with the contract of employment, they are also obliged to keep, at their place of work, a copy of the medical insurance, wage slips and a register of each worker’s hours of work and rest. <\/p><\/div>\n

\n

108.  The<\/strong> Necessity to Impose Severe Punishment for Violation of the Law<\/strong> . Fines under the law were raised up to NIS 80,000 and nine new offenses were added, mainly for violation of foreign workers’ rights. Another section provides foreign workers with protection against any attempt made by the employer to harm their wages and work conditions due to the workers’ complaint regarding deprivation. <\/p><\/div>\n

\n

  The range of liability for violations of the law was also broadened to cover contractors active in this field, those who arrange living conditions, medical insurance, wages, etc.<\/p><\/div>\n

\n

  The supervision authority of the inspectors enforcing the law was also defined and expanded. Under the amended law, inspectors now have the right to seize documents, such as wage slips and registers of work and rest hours, at the place of work if they are needed in order to prove whether the law has been violated. <\/p><\/div>\n

\n

  At the same time, the Employment Service Law, 5719-1959, was amended and the ban on private agencies to exact payment from workers was expanded. Now, a private agency may not receive, collect or charge any payment directly or indirectly from workers, or from anyone acting on their behalf in Israel or abroad. <\/p><\/div>\n

\n

109.   According to data supplied by the Employment Services, the number of permits issued in 2000 to employ foreign workers amounts to 72,445. Estimates of the Central Bureau of Statistics indicate that around 150,000 workers are presently employed in Israel of whom many are illegally employed. Work permits are issued for a limited period of time and apply only to that particular worker. No family members are entitled to accompany him. <\/p><\/div>\n

\n

110.   According to data supplied by the Ministry of Interior the following are the countries of origin of the majority of foreign workers: <\/p><\/div>\n

<\/p>\n

\n\n\n\n\n\n\n\n
\n

Europe<\/strong><\/p>\n<\/td>\n

\n

Asia <\/strong><\/p>\n<\/td>\n

\n

Africa<\/strong><\/p>\n<\/td>\n

\n

South and Central America<\/strong><\/p>\n<\/td>\n<\/tr>\n

\n

Poland <\/p>\n<\/td>\n

\n

Philippines<\/p>\n<\/td>\n

\n

Ghana <\/p>\n<\/td>\n

\n

Columbia<\/p>\n<\/td>\n<\/tr>\n

\n

Bulgaria<\/p>\n<\/td>\n

\n

Thailand<\/p>\n<\/td>\n

\n

Nigeria<\/p>\n<\/td>\n

\n

Bolivia<\/p>\n<\/td>\n<\/tr>\n

\n

Romania<\/p>\n<\/td>\n

\n

India<\/p>\n<\/td>\n

\n

 <\/p>\n<\/td>\n

\n

Ecuador<\/p>\n<\/td>\n<\/tr>\n

\n

Yugoslavia<\/p>\n<\/td>\n

\n

China <\/p>\n<\/td>\n

\n

 <\/p>\n<\/td>\n

\n

Chile<\/p>\n<\/td>\n<\/tr>\n

\n

The former<\/p>\n<\/td>\n

\n

USSR <\/p>\n<\/td>\n

\n

 <\/p>\n<\/td>\n

\n

Brazil<\/p>\n<\/td>\n<\/tr>\n<\/table>\n

<\/p>\n

\n

111.   No bilateral agreements regarding issues of foreign workers have been signed between Israel and these countries of origin.<\/p><\/div>\n

\n

112.   The Ministry of Labor and Social Affairs distributes an informative leaflet in several languages for workers arriving at the airport. The leaflet lists employers’ obligations, and informs workers about the existence of a “ ;hot line” for complaints. Additional relevant information is being distributed to foreign workers by NGOs. <\/p><\/div>\n

\n

113.   The law stipulates that employers are obligated to provide foreign workers, at their expense, with medical insurance according to a basket of services which is presently being prepared by the Ministry of Health.<\/p><\/div>\n

\n

114.   A collective agreement was recently drawn up in the building sector between the contractors and the New General Federation of Labor (Histadrut), with a special appendix defining work conditions regarding foreign workers in the building sector. <\/p><\/div>\n

\n

115.   Administrative fines for violation of the law were raised in 1998 from NIS 2,000 to NIS 5,000. <\/p><\/div>\n

\n

116.  Trafficking in Women. <\/strong>See above, under Section 61.<\/p><\/div>\n

<\/p>\n

\n

Article 9 – Liberty and Security of Person<\/strong><\/p><\/div>\n

\n

Arrest and Detention <\/strong><\/p><\/div>\n

\n

117.   Notification of Arrest. <\/strong>If a person is arrested, notice must be given promptly to a friend or relative, who can reasonably be located, unless the detainee asks that such notice not be sent. At the request of the arrested person, notice will also be sent to an attorney of his or her choosing, or to one of the defense attorneys appearing on a list drawn up by the Bar Association and presented to the suspect. Furthermore, an arrested person without means is entitled to <\/p><\/div>\n

\n

representation by the Public Defender’s Office. An application on his or her behalf shall be sent to the Public Defender’s Office by the police as soon as possible. For further details, see section 235 of the Initial Periodic Report. <\/p><\/div>\n

\n

118.   First Judicial Hearing. <\/strong>In nearly all cases, a person who is arrested, other than in the presence of a judge, and whom the officer-in-charge at the police station does not release, with or without bail, must be brought before a judge as soon as possible, and at most within 24 hours of the arrest. If that is not done, the arrested person must be released. The arrested person or his or her representative may immediately file a motion to release him on bail, in which case the judicial hearing may also take place before the 24-hour period has elapsed. <\/p><\/div>\n

\n

119.   At the initial judicial hearing, which usually takes place before a single judge of the Magistrate’s Court, the judge must first review the evidence brought by the police to see if there are indeed reasonable grounds to suspect that the detainee in fact committed a crime. The detainee or his counsel may cross-examine the police officer appearing on behalf of the state in this regard. In addition, the court must decide whether or not there exist legitimate grounds to keep the suspect in detention. Detention might be ordered for the following reasons: <\/p><\/div>\n

\n

120.   To ensure the completion of the investigation or judicial proceedings or serving the sentence if there are reasonable grounds to believe that upon release the suspect may interfere with proceedings, flee, conceal property, influence witnesses or harm evidence;<\/p><\/div>\n

\n

A.   To ensure protection of the public if there are reasonable grounds to believe that the suspect will endanger human safety, public safety or state security; <\/p><\/div>\n

\n

B.   In exceptional cases, to allow for interrogation procedures which could not be conducted unless the suspect is held in detention.”<\/p><\/div>\n

\n

121.   Period of Arrest before Indictment<\/strong>. <\/i>In the event the court does not release the suspect at the initial hearing, it may order continued detention for a period of up to 15 consecutive days. If at the end of this period, the police still wish to keep the suspect in detention for purposes of the criminal investigation, another hearing is held, and the court’s decision is based on the standards noted above. However, the longer the detention, the more weighty the evidence that the suspect actually committed the crime must be, in order to justify extending the remand. The total period of detention based on police requests may not exceed 30 days. However, arrest for the purposes of investigation where only this ground exists may in no case exceed 15 days. Detention may be extended beyond the 30-day period only by a decision of the court upon a special motion signed by the attorney general.<\/p><\/div>\n

\n

122.   Court-Appointed Counsel. <\/strong>Prior to the filing of a charge sheet, Israeli law requires court appointment of legal counsel for a person in detention in cases where he or she is mentally-ill within the purview of the Criminal Procedure [Consolidated Version] Law, 5742-1982, section 15 or the Mentally Ill Treatment Law, 5751-1991, section 18, or where he or she is under sixteen years of age, or when it is necessary to take testimony prior to filing the charge sheet and the detainee is either blind, deaf, dumb or mentally disabled, or when the detainee is suspected of murder or another offense bearing a penalty of ten years or more (Criminal Procedure Law, section 15(a). <\/p><\/div>\n

\n

  In cases where there is no obligation to appoint legal counsel for a detainee, a court may decide at its discretion to appoint counsel if the detainee has insufficient financial means to do so, if the offense involved bears a penalty of at least ten years’ imprisonment, if the detainee is blind, deaf, dumb or mentally incapacitated, or if for any other reason the court deems that the detainee is unable to manage his own defense adequately. A detainee without means is entitled to representation by the Public Defender’s Office, even without being appointed by the court. For further details on this subject, see article 246 of the Initial Periodic Report.<\/p><\/div>\n

\n

Arrest and Detention of Armed Forces Personnel<\/strong><\/p><\/div>\n

\n

123.   Following the enactment of Basic Law: Human Dignity and Liberty, the arrest procedures under the Military Justice Law, 5715-1955 had to be amended to better suit the new legal circumstances. The first attempt to amend the Military Justice Law that an IDF soldier can be held in arrest for 96 hours before he is brought before a judge (as opposed to civilians, who, under sections 17 and 29 of the Criminal Procedure Law (Enforcement Powers – Arrest) must be brought before a judge as soon as possible, and at most within 24 hours of the arrest, or be released). <\/strong>That amendment was struck down by the High Court of Justice, which accepted a petition claiming that the 96 hours arrest-without-trial period is disproportional, and thus inconsistent with Basic Law:Human Dignity and Liberty (H.C 6055\/95 Zemach v. Minister of Defense). <\/i><\/p><\/div>\n

\n

124.   Consequently, the Military Justice Law 5715-1955 was re-amended, reducing the maximum period a soldier can be held in arrest before he is brought before a judge to 48 hours. <\/p><\/div>\n

\n

The Lebanese Detainees: <\/strong><\/p><\/div>\n

\n

125.   The HRC, in its comments on Initial Periodic Report, expressed concern over the administrative detention of persons who did not personally threaten state security, but were kept as “bargaining chips” in order to promote negotiations with other parties on releasing captured Israeli soldiers or the bodies of deceased soldiers. <\/p><\/div>\n

\n

126.   Over the years 1984-1987, a number of Lebanese civilians were arrested and tried in Israeli courts of law. Each was found guilty of crimes against the state and sentenced to prison for a fixed number of years. After the Lebanese prisoners had served their sentences in Israeli prisons, they were not released. Rather, the Minister of Defense ordered that they be held in administrative detention. <\/p><\/div>\n

\n

127.   The prisoners were detained for the purpose of being used as “bargaining chips” for negotiations with Islamic terrorist militia groups believed to be holding, or having information about IDF soldiers missing in action in Lebanon. In 1994, after the president of the district court extended their administrative detention for another six months, a number of Lebanese prisoners submitted an appeal to the Supreme Court, arguing against their use as “ bargaining chips”. The Supreme Court, sitting in a panel of three judges, rejected the prisoners’ appeal by a vote of 2-1. <\/p><\/div>\n

\n

  Subsequently, the prisoners submitted an application for further hearing, which was accepted. It was decided that the case would be heard by an extended panel of nine judges. On April 12, 2000, the Supreme Court reversed its previous judgment (Criminal Further Hearing 7048\/98 Anonymous v. The Minister of Defense<\/i> ). In a 6-3 vote, the court held that the Minister of Defense does not have the authority to place a person in administrative detention when the person does not pose a threat to national security and the sole purpose for his detention is to use him as a “bargaining chip”. <\/p><\/div>\n

\n

  The majority held that due to the significance of protecting human dignity and freedom of the person, the proper balance between civil rights and national security is such that the law must be interpreted in a way that does not give the Minister of Defense the authority to place someone in administrative detention as a “bargaining chip”, and that such an interpretation is also required by International Law. Moreover, the Supreme Court held that the prisoners’ detention would have been unlawful even if the Minister of Defense had the aforementioned authority, since it was not based on sufficient evidence to prove that holding the prisoners in administrative detention would lead to the release of Israeli prisoners of war and soldiers missing in action. <\/p><\/div>\n

\n

128.   Following the aforementioned decision, The High court of Justice dismissed a petition submitted by the family of Ron Arad, an Israeli airman missing in action which argued against the release of the Lebanese prisoners ( H.C. 2967\/00 Arad v. The Knesset et al<\/i> .). The Minister of Defense ordered the immediate release and return to Lebanon of the eight Lebanese appellants in the aforementioned C.F.H 7048\/98Anonymous<\/i> case, along with five other Lebanese prisoners. Prisoners who were found to pose a threat to the security of the State of Israel were not released. Accordingly, the Minister of Defense determined that prisoners Mustafa Dirani and Abed Al-Karim Ubeid, who were directly responsible for the launching of numerous terrorist attacks against the State of Israel and its citizens, pose a direct threat to the security of the state and should not be released. They were remanded to administrative detention, an action which was confirmed by the District Court, and lately reaffirmed in an appeal to the Supreme Court. <\/p><\/div>\n

\n

Article 10 – Treatment of Persons Deprived of their Liberty<\/strong><\/p><\/div>\n

\n

129.   This issue has been discussed in Israel’s previous report and no change has occurred in this area since the 1998 submission of the Initial Periodic Report.<\/p><\/div>\n

\n

Article 11 – Freedom from Imprisonment for Breach of Contractual Obligations<\/strong><\/p><\/div>\n

\n

130.   As described in detail under sections 308-314 of Israel’s Initial Periodic Report, Amendment no. 15 of the Execution Law (S.Ch. 1479 (5754), p. 284) introduced a new regime regarding investigation of a debtor’s means and, on the whole, severely narrowed the availability of imprisonment orders, in accordance with the supreme court judgement in H.C.J 5304\/92 Perah Association v. Minister of Justice et al. (<\/i> see section 309 of the Initial Periodic Report for further details)<\/i> . Under the amended section 70 of the Execution Law, Prior to issuing an imprisonment order, the Chief Execution Officer must hold a hearing in the presence of the debtor, in which the debtor is examined regarding all assets on the basis of an affidavit filed previously. If the debtor patently refuses to comply with the execution proceedings, for example by refusing to file an affidavit regarding his assets, then the Chief Execution Officer may order his imprisonment. During the investigation of the debtor’s assets, the Chief Execution Officer may order the debtor to pay monthly instalments based on his ability to pay, or, if the debtor requests a long-term schedule and waives secrecy of his financial records, the Officer may declare that the debtor is “limited in means”. Once this status is conferred on the debtor, his or her name is entered into a special register at the Execution Office, and he or she may be restricted from using credit cards or from serving as a manager or director of a limited liability company.<\/p><\/div>\n

\n

  One result of the amendment to the Execution Law, discussed above, was a sharp decline in payments by recalcitrant debtors. Debtors usually chose not to attend the investigation of assets hearing, in order to avoid the risk that the investigation reveals their ability to pay the debt, thus exposing them to the risk of imprisonment. <\/p><\/div>\n

\n

  On 19.4.1999, the Execution Law was amended (Amendment no.19), in order to promote collection of debts while ensuring that debtors are not imprisoned for the inability to pay them, but rather only in cases in which the debtor has the ability pay but refuses to do so. This amendment creates an incentive for the debtors to attend the investigation of means, by allowing the imprisonment of a debtor for refusal to attend the investigation. According to the amendment, within 20 days after receiving the notice of warning – a document opening the execution procedures – the debtors are to report to an execution office of their choice, at the time most convenient for them (within the office opening hours). To ensure that the warning is served to the debtor in a proper manner, the amendment prescribes a special procedure of “ full service<\/i> ” – the warning must be served to the debtor or to a relative who resides with him, in an actual service or by registered mail. Only then, the execution officer can file for a warrant of arrest. In addition, the notice of warning was translated to Arabic and to Russian, to guarantee that most debtors are able to read it in their mother tongue. <\/p><\/div>\n

\n

  A debtor who, after receiving the notice of warning, filed an order of payment, attaching the relevant documents, will be exempted from reporting to the execution office. <\/p><\/div>\n

\n

Article 12 – Freedom of Movement <\/strong><\/p><\/div>\n

\n

131.   This issue has been discussed in Israel’s previous report and no change has occurred in this area since the 1998 submission of the Initial Periodic Report. <\/p><\/div>\n

\n

Article 13 – Expulsion of Aliens<\/strong><\/p><\/div>\n

\n

132.   This issue has been discussed in Israel’s previous report and no change has occurred in this area since the 1998 submission of the Initial Periodic Report. <\/p><\/div>\n

\n

Article 14 – Right to Fair Trial, Judicial Independence<\/strong><\/p><\/div>\n

\n

133.   An amendment to the Criminal Procedure (The Right to a Hearing) Law 5742-1982, enacted in 2000, compels the State Attorney’s Office to inform a suspect regarding an intention to press charges against him in all criminal offences aside from misdemeanors. <\/p><\/div>\n

\n

  The suspect has the right to a hearing conducted by a district attorney or any person authorized by the district attorney. In addition, the amended law provides that no formal charges will be pressed against a person suspected of committing a crime who requested to exercise his right to a hearing, before he has been given a reasonable opportunity to have a hearing.<\/p><\/div>\n

\n

134.   The Civil Procedure (The State as a Litigant) (Amendment) (Granting an Injunction and Exercising a Judgement Against the State) Law, 5779-1998 has been amended, and unlike before now makes possible the granting of an injunction against the state. It is also possible for a court to grant such an injunction ex parte<\/i> in cases where the plaintiff might suffer severe or irreparable damage. Thus, the law further reduces state immunity. <\/p><\/div>\n

\n

Preliminary Appellate Procedure (<\/strong> Kdam Bagatz<\/strong><\/i>)<\/strong><\/p><\/div>\n

\n

135.   The preliminary appellate procedure is an administrative practice, which enables the public to submit written complaints and demands regarding administrative actions of government agents and agencies. The practice takes place prior to submitting a petition to the High Court of Justice. In many cases the answers given by the government satisfies the person who sent the complaint, thereby making it unnecessary to go to court. This process is administrated by the High Court of Justice Department in the Ministry of Justice, which is responsible for representing the different State agencies in petitions to the court. This practice is intended to assist the public, and also to reduce the extremely large number of cases waiting to be dealt with by the Supreme Court and the Ministry of Justice. The department’s attorneys attempt to resolve the public’s requests by contacting the appropriate state agencies and conducting a preliminary inquiry. The process is beneficial for all sides involved by saving valuable time, energy and money. Hundreds of complaints are processed in this manner every year.<\/p><\/div>\n

\n

The Public Defender’s Office <\/strong><\/p><\/div>\n

\n

136.   The Public Defender’s Office (PDO), established by legislation in 1995 (for further details, please see section 388 to the Previous Report), has substantially expanded its reach in the course of the last 3 years. The first PDO office was opened in the Tel-Aviv\/Central judicial district in June 1996. Gradually, PDO offices were opened in all the remaining four judicial districts – Jerusalem, Be’er-Sheva, Haifa and Nazareth, In addition to the establishment of a National PDO. <\/p><\/div>\n

\n

  In 2000, the PDO has provided legal representation in approximately 25,000 cases, over the 5 judicial districts. The PDO employs about 50 public defenders (“Internal Counsels”). In addition, it employs about 750 private counsels, providing representation on its behalf. Private counsels included in the list of public defense counsels were carefully chosen, and are subject to supervision by the Internal Counsels. <\/p><\/div>\n

\n

  The Defense Counsel Law 5756-1995 entitles minor defendants or detainees to representation bya public defender, without being subject to an inquiry regarding their financial means. In the past, the vast majority of minors defendants tried before the Youth Courts had appeared without counsel. In 1999, Following a thorough research conducted by the Consulting and Legislation Department at the Ministry of Justice, the Minister of Justice has enacted regulations, entitling minors to a public defender, under section 18(c) to the Defense Counsel Law. As a result, special youth departments were established in all districts of the PDO, and at present, most minors charged with criminal offences receive representation from specialized public defenders. The enactment of these regulations has brought about a fundamental change in the realization of minors’ rights in criminal procedures.<\/p><\/div>\n

\n

  In 2000, the Minister of Justice, in recognition of the importance of the right to proper legal representation, has expanded the scope of entitlement to representation by the PDO in regulations, endorsed by the KnessetConstitution, Law, and Justice Committee in August 2000. Under the regulations, already applied in the Tel-Aviv-Central, Jerusalem, Be’er Sheva and Nazereth judicial districts, minors and detainees facing criminal charges are entitled to representation by a public counsel. The Ministry of Justice intends to apply the regulations to the Haifa judicial district by 2001, thus completing the application of these regulations, which had started in 1999.<\/p><\/div>\n

\n

  However, Data recently gathered by the PDO, from a sample of close to 2,000 cases litigated in the magistrates’ courts of Tel-Aviv, Natania, Acre, Zefat, Ashdod and Hadera, shows the national average rate of defendants appearing without representation to exceed 50%. Many of these defendants are consequently sentenced to substantive periods of incarceration. Thus, it is clear that the efforts to prevent defendants from having to appear before a court without proper representation are not yet fully accomplished. The Ministry of Justice, in conjunction with the PDO, are working to further expand the right to a public counsel, in hope to accomplish more progress in this area during the course of 2001.<\/p><\/div>\n

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Alternative Dispute Resolution<\/strong> <\/p><\/div>\n

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137.   The National Center for Mediation and Conflict Resolution was established as an independently functioning Unit of the Ministry of Justice in 1998. The decision to set up the center was taken by the Minister of Justice, with the approval and support of the chief justice of the Supreme Court, the Honorable Aharon Barak. <\/p><\/div>\n

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  Mediation and Alternative Dispute Resolution (ADR), as an alternative methods to litigation and the resolution of disputes by a decision-making body, encourages the parties to a dispute to negotiate with one another and reach an acceptable solution while allowing them maximum control over the process and its results. <\/p><\/div>\n

\n

  The establishment of a National Center for Mediation and Conflict Resolution within the Ministry of Justice is aimed at ensuring that the development of mediation and ADR in Israel is undertaken by a professional, impartial organization, on the basis of objective criteria, international experience and the particular needs of Israeli society. Court systems, public institutions, community organizations, the educational system and the business sector are some of the segments of society to which the center’s work is directed. <\/p><\/div>\n

\n

Article 15 – Prohibition of <\/strong>Ex Post Facto<\/strong><\/i> Laws<\/strong><\/p><\/div>\n

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138.   This issue has been discussed in Israel’s previous report and no change has occurred in this area since the 1998 submission of the Initial Periodic Report. <\/p><\/div>\n

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Article 16 – Recognition as a Person Before the Law<\/strong><\/p><\/div>\n

\n

139.   This issue has been discussed in Israel’s previous report and no change has occurred in this area since the 1998 submission of the Initial Periodic Report. <\/p><\/div>\n

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Article 17 – Freedom from Arbitrary Interference with Privacy, Family, Home<\/strong><\/p><\/div>\n

\n

140.   The Protection of Privacy Law, 5741-1981<\/strong> . According to information gathered by the Registration of Private Investigators and Guard Services Department of the Ministry of Justice, in the year 2000 the licenses of seven private investigators who had been convicted, inter alia<\/i> , of offenses under the Protection of Privacy Law, 5741-1981 were not renewed. <\/p><\/div>\n

\n

Search and Seizure in Criminal Proceedings<\/strong><\/p><\/div>\n

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141.   Following the enactment of the Criminal Procedure (Enforcement Powers – Physical Search of a Suspect) Law, 5756-1996, Central Command Orders, ensuring rights of the person, were published in 1998 to implement the law, on the following subjects:<\/p><\/div>\n

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14.05.01  Internal physical examination of suspect.<\/p><\/div>\n

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14.05.02   External physical examination of suspect.<\/p><\/div>\n

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14.05.03   Internal and external physical examination of a person who is not a suspect. <\/p><\/div>\n

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Search of a Person’s Home<\/strong><\/p><\/div>\n

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142.   The Israel Police Force is authorized to perform a search of private property, including the person’s house, by means of a court ordered search warrant when:<\/p><\/div>\n

\n

 (a)   The search is necessary to secure the introduction of an object for the purposes of an investigation, trial or other proceedings;<\/p><\/div>\n

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 (b)   There are grounds to believe that stolen property is being held at the particular premises or that an offense has been committed therein or that such place is being used or is planned to be used it for an unlawful purpose. <\/p><\/div>\n

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 (c)   There are grounds to believe that an offense has been committed or that an offense is being planned against a person situated on such premises.<\/p><\/div>\n

\n

Applications for a search warrant are generally heard ex parte<\/i>. <\/p><\/div>\n

\n

  The police may perform such a search, even without a court order, in the following circumstances:<\/p><\/div>\n

\n

 (a)   A police officer has grounds to believe that a serious crime is being committed on the premises or that a serious crime was recently committed therein; <\/p><\/div>\n

\n

 (b)   Where the occupier of the premises calls for police assistance;<\/p><\/div>\n

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 (c)   Where the person found on the premises calls for police assistance and there are grounds to believe that an offense is being performed therein;<\/p><\/div>\n

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 (d)   Where a police officer chases a person evading arrest or escaping from lawful custody.<\/p><\/div>\n

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Electronic Surveillance: Wiretapping and Eavesdropping <\/strong><\/p><\/div>\n

\n

143.   Eavesdropping by the Israel Police Force<\/strong>. <\/i>As described in detail in Israel’s Initial Periodic Report, there is specific legislation which regulates the issue of Electronic Surveillance. The police submits to the Constitution, Law and Justice Committee of the Knesset an annual report on wiretapping performed by it, specifying the number of permits given to the police by the court, the number of permits given and not implemented, the number of applications for permits refused by the court and the number of telephone lines subject to wiretaps each year.<\/p><\/div>\n

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  Furthermore, the police sends the attorney general a monthly report in which it specifies the names of persons subject to wiretapping, the telephone numbers being wiretapped, the duration of the wiretapping and the offenses attributed to the person being wiretapped for which reason the wiretapping was initiated. <\/p><\/div>\n

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144.   Scope of Illegal Activity. <\/strong>The Israel Police Force investigated the following offenses against the Secret Monitoring Law 5739-1979 (the Wiretapping Law). <\/p><\/div>\n

\n

In 1998 – 55 files were opened, 43 of which were closed, two defendants were convicted and nine cases are still in judicial proceedings.<\/p><\/div>\n

\n

In 1999 – 50 files were opened, 34 of which were closed, and 11 are still in judicial proceedings.<\/p><\/div>\n

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In 2000 (until the end of August) – 31 files were opened, 16 of which were closed and five are still in judicial proceedings.<\/p><\/div>\n

\n

Protection of Personal Information in Databases <\/strong><\/p><\/div>\n

\n

145.   The Israel Police Force Districts (not including theJudea and Samaria District) opened the following investigative files on suspicion of offenses under section 8 of the Protection of Privacy Law 5741-1981:<\/p><\/div>\n

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In 1996 – two files were opened – one of these was closed and the other was a  conviction. <\/p><\/div>\n

\n

In 1997 – one file was opened and then closed.<\/p><\/div>\n

\n

In 1998 – four files were opened – two of them were closed, one of them was a conviction and one is still in judicial proceedings.<\/p><\/div>\n

\n

In 1999 – three files were opened – two of them were closed and one is still open.<\/p><\/div>\n

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In 2000 (until the end of August) – no files were opened.<\/p><\/div>\n

\n

Information Regarding Criminal Record <\/strong><\/p><\/div>\n

\n

146.   The Israel Police Force maintains a database including two types of records – a “crime register” and “police records”. The crime register includes data as specified in section 2 of the Crime Register and Rehabilitation of Offenders Law, 5741-1981 (in this article “the Law” ).<\/p><\/div>\n

\n

  Police records include mainly information on pending and closed criminal files. <\/p><\/div>\n

\n

  The police, the Israel Security Agency, the Military Police and the IDF Field Security Department (as a group, the “Agencies”) have direct access to the crime register and may transmit information found therein among themselves.<\/p><\/div>\n

\n

  The police transmit crime information from its records to other Agencies entitled to receive such information under Law, for the purpose of carrying out their functions, at their request and to the extent prescribed by Law. Similarly, the other Agencies may transmit such information within the restrictions prescribed under Law.<\/p><\/div>\n

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  The Agencies entitled to receive information from the crime register are also entitled to receive information about pending files.<\/p><\/div>\n

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  A competent prosecutor, the Agencies, warrant officers and scientific investigators may also receive the records on closed files.<\/p><\/div>\n

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  Records of files closed with a finding of no guilt are removed from the police records and no longer appear in the name of the person towhom the entry related.<\/p><\/div>\n

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  A person against whom there is an entry of a file which was closed for lack of evidence or for lack of public interest may apply to the head of the Investigations Department at the National Police Headquarters to removethe record.<\/p><\/div>\n

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  A decision of the head of the Investigations Department shall be reached by taking into account the following: <\/p><\/div>\n

<\/p>\n