Knesset legal advisor: Arab MK can't represent Hamas defendants
Legal advisor to Knesset addresses el-Sana's legal defense of imprisoned Hamas officials, says Israeli law clearly forbids MKs from serving as council when state is prosecuting
Legal Advisor to the Knesset Nurit Elstein responded Tuesday to Chairman of the Likud faction Gideon Sa'ar's petition against Member of Knesset Talab el-Sana's service as legal council for imprisoned Hamas officials, and determined that "a member of Knesset cannot represent a defendant in a legal proceeding against the state."
"Without even addressing other relevant legal clauses, it is clearly stated that, even free of charge, a member of Knesset cannot provide legal council for any litigant of a case in which the state is also a party," she elaborated, noting the relevant clause in the law dealing with MK immunity.
In response to her decision, MK Sa'ar announced his intention to present a complaint to the Knesset Ethics Committee and, if relevant, possibly a criminal complaint.
MK el-Sana, a lawyer by profession, volunteered legal representation to senior Hamas officials, in a military court hearing that resulted in the release on bail of 18 of the officials. Among those slated for release are Speaker of the Palestinian Legislative Council Dr. Aziz Dweik and senior Hamas official Mahmoud Abu-Tir.
Following the hearing, el-Sana told Ynet: “The decision is a slap in the face to the government’s arrogant policies. Any attempt to give a cloak of legality to the detention of the elected Palestinian leadership was cynical and transparent. The Israeli government adopted the same rules of the game used by Shalit’s kidnappers. The whole aim was to produce a balance of deterrence, which failed.”
The MK reacted to Elstein's decision, saying, "I respect the law and intend to look into this matter with the Knesset's legal advisor. Instead of approaching the media, she should first have approached me. I am sure that this is a debatable issue, since I am not defending the Parliament members against the state, but rather defending their rights."
No conflict of interest
"The law is applicable only if there is a conflict of interest, and this is not the case here. I disagree with this decision, do not accept it and will bring it to the High Court of Justice, if necessary," he added.
El-Sana explained that, according to the law of MK immunity, rights and duties, he is authorized to execute any action that he sees as his right and duty. "In this case, I believe it was my duty to fight against the injustice done to other Parliament member," he said.
"All Knesset members should be appalled that Israel kidnapped Parliament members for not agreeing with their opinions. From the first moment, I called for the release of Gilad Shalit and I don't believe that there is any ethical validity in my call for his release if I don't act comprehensively in this matter," he continued.
Senior Knesset officials said that, recently, the populist behavior of Arab MKs has crossed all reasonable bounds. "After MK Azmi Bishara made headlines with his and (the National Democratic Assembly) MKs' visit to Damascus, el-Sana then represented senior Hamas officials. No one in the Knesset will be too shocked if one of the Arab MKs pops over to Tehran soon for a visit.
