Subscribe to Print Edition | Wed., January 07, 2009 Tevet 11, 5769 | | Israel Time: 02:18 (EST+7)
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The right to express protest
By Haaretz Editorial
Tags: israel, hamas, israel news 

In the last few days, the Shin Bet security service questioned dozens of Arab Israelis, while others were subjected to warnings aimed at deterring them from participating in demonstrations against the Israel Defense Forces operation in the Gaza Strip. Those taking part in demonstrations in Jaffa, Sakhnin and Shfaram were brought in for "clarification talks" even in cases when the demonstrations had been authorized.

The Shin Bet approved the questioning and explained that, "In recent days a number of violent incidents, with nationalist character, have taken place in Israel. These incidents included arson, stone-throwing and firebombs. As a result of these incidents, arrests were made."

In parallel, charges were brought in the Tel Aviv Magistrate's Court against left-wing activists who blocked the entrance to the Sde Dov airbase on Friday, in protest of Operation Cast Lead. The activists were charged with unlawful entry into a military area, participation in a forbidden gathering and interfering with a police officer as he tried to carry out his duty. The judge rejected the prosecution's request to keep the defendants in custody until the end of the legal proceedings, something normally done when the court believes that releasing the suspects poses a threat to the public.
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A democratic society must differentiate, even in wartime, between activities that raise genuine fears of violence or that really incite to violence, like those from October 2000, and the right of every citizen to take part in demonstrations that do not involve serious violence.

In a long series of decisions, the Supreme Court has established the freedom to demonstrate as a right "at the highest level of human rights." The right to demonstrate and to protest is part of the freedom of expression and is "one of the loftiest expressions of the idea of human dignity and freedom." This right is not revoked even during war. Today, gatherings and demonstrations are regarded in the democratic world as an acceptable and natural means of manifesting the constitutional right to protest that stems from the freedom of expression. Demonstrations during war are known phenomena even as soldiers are risking their lives.

The freedom to demonstrate, like every other constitutional right, is not absolute. It is subordinate to the obligation to obey the law and to act in line with its rules and guidelines. Considerations of public order and public safety are relevant and could justify limits on demonstrations, but not their banning.

According to reports, the security services are using intimidation tactics to prevent legitimate protest against the current campaign. Such means are not only excessive but have also been demonstrated as counterproductive. Repressing the freedom of expression normally transforms dialogue into acts of violence that could have been prevented, and it is imperative to prevent this from happening, especially during times of war.
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  1.   Let Israeli Arabs protest 10:12  |  Colin Wright 06/01/09
  2.   Freedom to demonstrate 12:10  |  Matty Groves 06/01/09
  3.   Let them protest and then try them for treason 12:28  |  Israeli citizen 06/01/09
  4.   Let Israeli Arabs demonstrate in Sderot!!! 12:39  |  arthur 06/01/09
  5.   Constitutional Rights in Israel? 17:24  |  ARTH 06/01/09
  6.   Constitutional Rights in Israel? 17:24  |  ARTH 06/01/09
  7.   EQUAL Treatment To ALL Protesters 19:43  |  DR 06/01/09
  8.   Israel fight for land 20:14  |  Charles 06/01/09
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14:37 ANALYSIS / Israel is on its way to reoccupying all of the Gaza Strip
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