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Comments on Legislation of Basic Law: Rights of Custodial Interrogation and Criminal Proceedings

Zulat has drafted a document with comments and recommendations regarding the legislation of Basic Law: Rights of Custodial Interrogation and Criminal Proceedings, which was submitted to Justice Minister Gidon Sa’ar. The document was conceptualized by Zulat’s steering committee made up of Dr. Rawia Aburabia, Prof. Naomi Chazan, Prof. Frances Raday, and Dr. Adam Shinar, and drafted by Adv. Eitay Mack.

The document submitted to the Justice Ministry reads: “Zulat supports anchoring the right to equality in any relevant law and especially in basic laws, as we believe this is crucial and urgent in order to uphold a democratic regime in Israel. The right to equality is recognized as first among equal and as a key right, seeing that without it all other human rights have no sense or reason to exist. The right to equality is especially crucial during criminal proceedings, where there exist inherent differences in the balance of power between the state and the suspect or defendant. Some of the clauses in the proposed law are deficient when it comes to the right to equality, giving rise to concern that the law might enable discrimination based on race, sex, gender, sexual orientation, physical disability, language, social-economic class, or political affiliation.”

The document includes Zulat’s suggestions for improvement of the proposed clauses that underscore the principle of equality in order to prevent discrimination between different detainees.

 

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Dr. Maha Sabbah Karkabi

 

Senior Lecturer in the Department of Sociology and Anthropology, Ben-Gurion University of the Negev. She holds a Ph.D. in Sociology from Tel Aviv University (2015), a postdoctoral fellowship at the Center for Gender Studies, SOAS, University of London (2015-2016), a postdoctoral fellowship in the Department of Sociology at Tel Aviv University (2016-2017), and a postdoctoral fellowship Ph.D. at the Humphrey Institute for Social Research, Ben-Gurion University of the Negev (2018-2020).
Dr. Maha Karbahi’s areas of interest focus on the connection between social change, family behavior, and gender inequality in societies in the process of change and specifically in Palestinian Arab society in Israel. Her research draws attention to the study of family life and employment, using a combined “ethnic lens” and “gender lens” and paying attention to the perspective of Palestinian Arab women, a group characterized by intersections between multiple marginal locations, which over the years has remained hidden from the research eye. Dr. Karkabi-Sabah’s research is published in professional journals and chapters in scientific books that are considered pioneers in family research, work, and gender equality.

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Prof. Frances Raday

Professor Emeritus in the Lieberman Chair in Labor Law, in the Faculty of Law at the Hebrew University and serves as a full professor in the College of Management’s academic track, where she also serves as chair of the graduate program and as honorary president of the Concord Center for International Law Absorption. Radai was a member of a working group of the UN Human Rights Council on discrimination against women. In addition, she is a prominent and feminist human rights activist.

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Dr. Rawia Aburabia 

Faculty member of Sapir Academic College’s School of Law, received her PhD from the Hebrew University of Jerusalem. Her research deals with the interface between law, gender, minorities, and human rights. Has published in leading journals on the subject of the matrimonial laws pertaining to Muslim women in Israel. Her book Under the Law, Outside Justice: Polygamy, Gendered Citizenship, and Colonialism in Israeli Law is expected to be published as part of the Gender Series of Kibbutz Meuhad Publishing House.

Dr. Aburabia has extensive experience in international human rights and public law. She has worked as a jurist for the Association for Civil Right and has been invited as a specialist to address such international forums as the United Nations and the European Parliament on the subject of indigenous communities and minority rights. She has interned with Human Rights Watch in Washington DC, and has been a member of the executive board of Amnesty International. In 2018, she was selected by the magazine Globes as one of the 40 most promising young persons in Israel under the age of 40.

 

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Ron Kessler

With over two decades of experience in the field of digital content, Ron has participated in numerous political and social campaigns. He helped run the digital activity of senior public officials, and worked in various NGOs. Ron is a fundamentally optimistic man, who believes that Israel can be changed and so can people. Lives in Tel Aviv.