These Orders Are Unlawful and Violate the Right to Free Movement and Fair Procedure; The “Secret Materials” Argument Does Not Make the Order Legal – These Orders Must Be Immediately Revoked and Salah and Ighbareyeh Must Be Allowed to Travel Unconditionally.
Adalah Legal Center and Mezan Center for Human Rights have submitted procedural objections to the travel ban orders issued against Sheikh Raed Salah and Dr. Suleiman Ighbareyeh, which were recently extended. The two organizations argue that these orders are unlawful, as the proper legal procedures were not followed in issuing them. Therefore, these orders should be immediately canceled.
The objections, which were submitted to Israeli Minister of the Interior Ayelet Shaked and the Israeli Government’s Legal Advisor Gali Baharav-Miara, argue that the orders were based on “secret information” that neither Salah nor Ighbareyeh were allowed to access. This deprives them of their right to a fair and just process, which is critical to ensuring that such an order does not violate basic human rights, particularly the right to freedom of movement.
According to the law, anyone against whom a travel ban is intended must be given an opportunity to know the information presented against them and ensure that the decision is not arbitrary or personal. They must also be given the right to respond and present their legal arguments to counter the allegations, which should then be discussed objectively. Only after this process can an order be issued. However, in the cases of Salah and Ighbareyeh, none of these legal procedures were followed. Instead, the travel bans were issued and then extended based on “secret materials” of which Salah and Ighbareyeh had no knowledge and are unsure even exist. This deprived them of their right to dispute the allegations and defend themselves.
The objections also note that the travel ban orders were arbitrary and applied to all countries, which significantly violated their right to movement. Among the unofficial claims accompanying the orders was that Salah intended to meet with figures “supporting terrorism” and was working to rebuild and restore the Northern Branch of the Islamic Movement, which had been outlawed. Similarly, Dr. Suleiman Ighbareyeh was accused of planning to meet with figures supporting terrorism.
In the objections, it was also noted that the travel bans were broadly applied to all countries, with no justification provided beyond the vague and general claims. These actions were described as arbitrary and a clear violation of the individuals’ rights to movement.
The defense team, consisting of Adalah and Mezan, responded by stating that the travel ban orders had no legal or procedural basis. They argued that the orders were part of a personal and political attack against two leading figures in the Palestinian community. The defense team also emphasized that the use of “secret information” as a justification for such measures has become a common tactic employed by Israel to cover up its violations of human rights, particularly against Palestinian citizens of Israel. This tactic is used to justify administrative arrests, home demolitions, the closure of human rights organizations, and the obstruction of human rights defenders’ work.
The defense team further argued that the Minister of the Interior has no legal authority to issue such orders without providing the individuals involved with the right to a fair process. The defense also emphasized that this action infringes on basic human rights, including freedom of movement, the right to travel, and the right to self-defense before the relevant authorities.
Adalah Legal Center
Mezan Center for Human Rights – Nazareth
Monday, 29 August 2022
