A/HRC/40/43
among those arrested and reported having been subjected to ill-treatment and having
witnessed other individuals facing similar treatment while in police custody. 74
41.
Issa Amro, who is also facing charges in Israel (see para. 38 above), is on trial in the
Palestinian courts on charges pertaining to the cybercrimes law prior to its amendment. 75
Mr. Amro’s lawyer has submitted a request to the public prosecution in Hebron in May
2018, seeking closure of the case. The final decision of the Attorney General is pending.
C.
Legislative measures affecting civil society
Israel
42.
On 16 July 2018, the Knesset passed the so-called Breaking the Silence Law,
amending the State Education Law. The law prohibits organizations such as Breaking the
Silence from gaining access to schools, but its ramifications are much broader. The law
authorizes the Minister of Education to prevent a person or a body whose activity
contradicts the State’s educational objectives from entering schools. It also blocks access to
schools by organizations or persons seeking to take legal or political proceedings outside
Israel, either against Israeli soldiers for an action carried out in the course of their duties or
against the State of Israel. The Knesset also approved at a late stage a provision applying
the law to local organizations that also work abroad to assist institutions that might promote
political proceedings against Israel.
43.
A bill to amend the Israeli Income Tax Ordinance, denying tax benefits to certain
organizations considered to be acting against the State, is being promoted in the Knesset. 76
It is currently being prepared for a first reading in the Knesset Finance Committee. Acts
against the State are defined in the bill as issuing publications that accuse Israel of
committing war crimes and calls for a boycott against Israel or its citizens.
44.
On 17 June 2018, the ministerial committee for legislative affairs approved the
promotion of an amendment to the criminal law. On 20 June, a bill to prohibit the
photographing, or documenting of Israel Defense Forces soldiers passed its preliminary
reading in the Knesset. The bill stipulates that anyone who films, photographs or records
soldiers in the course of their duties, with the intention of undermining the spirit of Israel
Defense Forces soldiers and residents of Israel, is liable to five years’ imprisonment,
whereas anyone intending to harm State security will be sentenced to 10 years’
imprisonment.77 In addition, the bill prohibits the distribution of photographs or recordings,
including through social networks and media, with the same penalties.
45.
On 6 June 2018, a bill to amend the 2011 boycott law that allows the filing of a
lawsuit for punitive damages against those who call for a boycott, even if no damage is
proven, was approved by the Constitution, Law and Justice Committee in preparation for its
first reading in the Knesset. 78
Palestinian authorities
46.
In a positive development, the Palestinian cybercrime law, adopted by Presidential
Decree No. 16 in June 2017, was amended in May 2018 by Presidential Decree No. 10
following serious concerns raised by civil society organizations and human rights experts. 79
74
75
76
77
78
79
See www.amnesty.org/en/latest/news/2018/06/state-of-palestine-amnesty-staff-member-arbitrarilydetained-and-tortured-by-palestinian-security-officers/.
A/HRC/37/42, paras. 50–51.
A/HRC/37/41, para. 31.
See www.independent.co.uk/news/world/middle-east/israeli-knesset-ban-photographing-filming-idfsoldiers-recording-journalists-robert-ilatov-a8371426.html.and https://7amleh.org/2018/08/14/will-anew-wave-of-israeli-legislation-diminish-internet-freedoms/.
A/HRC/37/41, para. 33.
The cybercrimes law raised serious concern about its potential to curtail free speech, and was adopted
within a general context of restrictions on freedom of expression, in addition to serving as the basis
13
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