Coalition MKs move to withdraw October 7 terrorists' right to public defender

Coalition MKs have promoted a law that would deny terrorists who took part in the October 7th massacre the right to a public defender, with the Knesset Constitution, Law, and Justice Committee set to discuss the bill this coming Monday.

The bill stipulates that defendants detained for taking part in the October 7th massacre or for being an unlawful combatant will not have the right to a public defender.

The bill would amend the Public Defenders Law and the Criminal Procedure Law. The bill was proposed by Religious Zionist MK Simcha Rothman, Shas MK Yonatan Mishraki, Otzma Yehudit MK Zvika Fogel, United Torah Judaism MK Yakov Asher, National Unity MK Matan Kahana, Likud MK Hanoch Milwidsky, and Likud MK Yuli Edelstein.

The explanatory notes of the law list the details of the October 7th massacre, adding that "In order to prevent the discomfort of the dedicated lawyers of the Public Defender's Office when they are required to represent Hamas murderers, it is proposed to stipulate that those terrorists cannot be represented by the Public Defender's Office."

In November, the office expressed opposition to the public defenders having to represent the terrorists.

When is a defendant entitled to a public defender?

In Israel, a person is entitled to a public defender if they face "serious and fateful consequences" as a result of legal proceedings they're undergoing, such as prolonged detention, imprisonment, psychiatric hospitalization, or extradition; suffer from limitations that impair their ability to defend themselves, such as by being a minor or being mute, blind or deaf; or are unable to hire an attorney on their own due to financial needs. There are a few other situations in which a person is entitled to a public defender as well.