We are facing a real danger to fundamental rights - opinion

In the past year, Israel has witnessed a significant mobilization of its citizens against perceived threats to its democratic foundations. The fear was that proposed amendments to the Basic Laws would undermine fundamental rights, such as freedom, privacy, freedom of expression, and human dignity. Although the imminent threat of these legal changes receded after October 7, concerns over the erosion of fundamental rights persist. These rights remain vulnerable not only through legal changes but also through the misuse of law enforcement powers.

A notable case involved communication adviser Itzik Elrov, who was interrogated for posting an image on social media that was critical of cabinet minister Miri Regev. The authorities considered it incitement to violence, a baseless allegation, as the post did not advocate violence but expressed legitimate government criticism. 

The law requires prosecutorial approval for such an investigation, which was not sought, illustrating a misuse of power and an infringement on freedom of expression. This incident highlights the chilling effect on citizens, deterring them from criticizing the government.

Another example is Rami Matan, a war hero and protest leader, detained on suspicion of graffiti that criticized the IDF. Typically, such offenses result in a fine, not criminal charges. The detention, based solely on his proximity to the scene, lacked reasonable suspicion, demonstrating a disproportionate use of authority that impinges on constitutional freedoms.

Similarly, Yarden Mann faced an indictment for a confrontation driven by political dissent with minister Idit Silman. The police initially sought harsh restrictions on her release, alleging public danger. However, they later reversed their stance, allowing her release with minimal restrictions after she fainted in court. This change of heart, if Min was genuinely considered dangerous, underscores the arbitrary use of power.

A troubling trend

These incidents underscore a troubling trend in Israel, where law enforcement powers are sometimes misused against specific individuals, undermining citizens’ fundamental rights. This misuse of authority serves as a stark reminder of the fragility of democracy and the need for vigilance to protect it. It is a warning against the slippery slope where fundamental rights are eroded, not through direct legal amendments but through the actions of those entrusted to enforce the law.

The police’s role in a democracy is to protect public peace and ensure citizens’ safety and well-being. However, when their power is misused, it can harm the very fabric of democracy, violating the fundamental rights it is meant to safeguard. These cases from Israel should serve as a cautionary tale, emphasizing the importance of accountability and the rule of law to prevent the erosion of democratic values. 

As Israel navigates these challenges, it offers valuable lessons for democracies worldwide on the importance of protecting fundamental rights against all forms of encroachment.

The writer is a senior lecturer in the Faculty of Law at Ono Academic College.