January 4, 2011

Press release – for immediate release

HCJ rejects petition to disclose GSS data on prevention of client-lawyer meetings

"The ruling prevents public discussion about suspects' rights
violations"

Rights group Yesh Din and the Movement for Freedom of Information
petitioned the HCJ on March 2009, requesting the GSS to release
information on the extent to which the GSS makes use of its authority
to prevent suspects from meeting with their lawyers

The Israeli High Court of Justice (HCJ) rejected today (Tuesday) a petition filed jointly
by rights group Yesh Din and the Movement for Freedom of Information, requesting
to order the General Secret Service (GSS) to release data on the extent to which it
prevents suspects from meeting their lawyers.

In today's ruling, the three judges – Eliezer Rivlin, Neil Handel and Salim Jubran –
sided with the State and accepted the argument that releasing the data could harm
the security of the State of Israel, thus rejecting the petition.

According to military legislation in the West Bank, GSS interrogators are empowered
to prevent detainees from meeting their lawyers for up to 30 days. In October 2007
Yesh Din approached the Office of the Prime Minister, requesting data concerning
the extent to which GSS interrogators make use of this authority. The Office of the
Prime Minister replied on behalf of the GSS to Yesh Din's inquiries that the Freedom
of Information Law is not applicable to the GSS and any information held by the GSS.

As the GSS consistently refused to provide the requested information, Yesh Din and
the Movement for Freedom of Information appealed jointly to the High Court of
Justice (HCJ) demanding that the court compel the GSS to provide Yesh Din with the
requested information. The petition, which was prepared by Attorneys Boaz Ben-
Tzur and Nir Friedman, was filed in March 2009.

The petitioners explained that this petition does not challenge the GSS's authority to
prevent detainees from meeting with their lawyers. However, keeping these data
undisclosed does not serve Israel's security needs, and its only purpose is to prevent
public discussion on this issue and on safeguarding the rights of detainees.

"The HCJ's ruling prevents any attempt to address the violation of basic rights of
suspects", says Lior Yavne, director of research at Yesh Din.
"The data requested posed no threat to the country's security", adds Roy Peled,
Director of the Movement for Freedom of Information. "Its disclosure would have
exposed the public to the extent to which the GSS impedes the basic right of
detainees to meet with their lawyers. It is regrettable that the Court chose to keep
this information from the public".

Several weeks ago, the Ministerial Committee on Legislation approved a bill

proposed by Minister of Public Security Yitzhak Aharonovich, considerably
lengthening the period of time for which a suspect can be denied access to a lawyer.

The bill would allow a court to prevent a detainee suspected of terror or related acts
from meeting a lawyer for as long as six months, instead of 21 days only, as is the
case today. Should the bill pass, the maximum period of time in which a terror
suspect can be denied access to a lawyer will be one year.

For further information please contact Yesh Din spokeswoman

Dana Zimmerman, at +972-54-245-7682