Ministers discuss bill authorizing Ben Gvir to jail Israelis without charge
Bill would also let police minister impose drastic restrictions such as domestic travel bans, as he pushes for greater control over law enforcement
Cabinet ministers on Sunday deliberated a bill that would grant National Security Itamar Ben Gvir sweeping powers to jail Israelis for months at a time without filing charges against them, and impose other drastic restrictions on them.
The proposal, submitted by a member of Ben Gvir’s far-right Otzma Yehudit party, is aimed at expanding use of the controversial tool of administrative detention, which is currently utilized by the defense minister to hold terror suspects without trial. Ben Gvir has called for using administrative detention, under which individuals can be held without charge for indefinitely renewable terms of up to six months, to help combat surging violent crime in Arab communities.
After discussing the measure, members of the Ministerial Committee for Legislation postponed their decision on whether to support it. A vote by the ministers in favor of the bill would help ease its passage through the Knesset, and the bill is expected to be discussed again by the panel next Sunday.
Under MK Zvika Fogel’s proposal, Ben Gvir would be granted the authority to approve renewable administrative detentions for up to six months for anyone the minister thinks poses a danger to the public, if the move is requested by the police commissioner and with the approval of the attorney general, the state attorney or one of their deputies.
Other measures that Ben Gvir would be able to impose on individuals if he’s “convinced that there’s a reasonable concern of harm to public security” include travel restrictions within Israel; a ban on leaving the country; requiring people to live in certain areas; and prohibitions on the purchase of “certain” goods and services, and certain “actions,” among other similar radical measures.
Administrative detention is primarily used for Palestinians — about 1,000 of whom are currently held in custody under the practice. The practice has also been used with a handful of Jewish Israeli terror suspects in recent years, though Ben Gvir and other far-right leaders have come out against its employment in such cases — including last week.
In a legal opinion filed last month, the State Attorney’s Office warned the proposal was a “threat to democracy.”
“This bill — similar to other initiatives being considered these days — constitutes a dramatic change to… criminal enforcement in Israel, and also presents a deep and fundamental threat to the democratic character of the country.”
The “other initiatives” appeared to refer to the coalition’s controversial plans to shackle the country’s judiciary.
“The administrative arrest of a person presumed to be innocent — without sufficient evidence, without reasonable suspicion that a criminal offense was committed and while relying only on intelligence information about future and abstract suspicions, and without a time limit — constitutes a fatal violation of the right to freedom and dignity,” it said.
The Shin Bet, police and Attorney General Gali Baharav-Miara are also reportedly opposed to the bill.
Since his appointment as national security minister, Ben Gvir has sought to exercise more direct control over police operations and personnel, including a botched attempt to remove the Tel Aviv police commander, and has pushed to expand his powers in moves critics say tamper with the independence of the police.
He has also clashed repeatedly with Israel Police Commissioner Kobi Shabtai, who will step down in January and not seek another year in the post.
Last month, the High Court of Justice issued a temporary injunction against a law granting Ben Gvir increased powers over police, signaling growing concerns over the politicization of law enforcement.
Ben Gvir, who ran on a tough-on-crime platform, has faced intense criticism over rising terror attacks and a sharp jump in homicides in Arab communities.
Many Arab community leaders blame the police, who they say have failed to crack down on powerful criminal organizations and largely ignore the violence, which includes family feuds, mafia turf wars, and violence against women. The communities have also suffered from years of neglect by state authorities.
