Israel has no formal constitution. It relies instead on 11 Basic Laws. Section 7 (D) states that "there shall be no violation of the confidentiality of conversation." Authorities ignore it, and data show police wiretapping abuses are common, thus violating the right to privacy.
By law, police must formally request a court order to wiretap. Rarely are they refused, and in 2007 a Knesset committee investigated the issue. In November 2007, a new bill was drafted concerning the transfer of data from communications companies to the police for use in criminal investigations. It provides wide latitude, and ACRI calls the potential for privacy violations enormous and possibly unprecedented. Protests were lodged against the original bill, and they led to important changes toning down the initial language.
Privacy issues also affect job applicants and employees, can be abusive, and individuals get no choice - accept them, or else. They:
-- demand job applicants sign a complete waiver of medical confidentiality;
-- allow employer surveillance of telephone conversations and e-mail correspondence;
-- mandate compulsory polygraphs for applicants and employees; and
-- use video cameras for workplace monitoring.
Criminal Justice
The right to counsel is essential for anyone charged with a crime. Israel's Public Defender's Law (1995) stipulates that detainees and defendants unable to afford help are entitled to state-funded representation, but only for crimes with prison terms of five or more years. This was amended in December 2006 to prohibit prison sentences for unrepresented defendants.
Israel's legal system also establishes the right to a fair trial and other safeguards. Yet, erosion began in 2007 under a temporary Knesset January 2007 law infringing on detainees rights: they can be denied face-to-face contact with an attorney; prevented from meeting with family members; denied the right to be present at hearings on their charges; interrogated without counsel; and unreasonably cut off from the outside world that creates a feeling of isolation.
In June 2007, the Office of the Public Defender published a report on detention and incarceration conditions in Israeli police internment facilities. As in previous years, it was alarming and indicated basic human rights violations, some extreme. An Israeli Bar Association March 2007 report reached the same conclusions:
-- severe overcrowding and highly restrictive living space in two-thirds of detention facilities examined; some cells were only two square meters or less;
-- larger cells held up to 10 prisoners;
-- sanitary and hygiene conditions were poor as well as ventilation; some cells lacked windows;
-- wall peeling and crumbling from dampness and mold were common;
I am a 72 year old, retired, progressive small businessman concerned about all the major national and world issues, committed to speak out and write about them.
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