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Prevention of Terrorism Ordinance No. 33 of 5708-1948*
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THE PROVISIONAL COUNCIL OF STATE hereby enacts as
follows:-
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Interpretation.
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1. "Terrorist organisation" means a body of persons
resorting in its activities to acts of violence
calculated to cause death or injury to a person or to
threats of such acts of violence;
"member of a terrorist organisation" means a
person belonging to it and includes a person
participating in its activities, publishing propaganda
in favour of a terrorist organisation or its
activities or aims, or collecting moneys or articles
for the benefit of a terrorist organisation or
activities.
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Activity in a
terrorist
organization.
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2. A person performing a function in the management
or instruction of a terrorist organisation or
participating in the deliberations or the framing of
the decisions of a terrorist organisation or acting as
a member of tribunal of a terrorist organisation or
delivering a propaganda speech a public meeting or
over the wireless on behalf of a terrorist
organisation shall be guilty of an offence and shall
be liable on conviction to imprisonment for a term
not exceeding twenty years.
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Membership in a
terrorist
organization.
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3. A person who is a member of a terrorist
organisation shall be guilty of an offence and be
liable on conviction to imprisonment for a term n
exceeding five years.
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Supporting a
terrorist
organization.
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4. A person who -
(a) publishes, in writing or orally, words of
praise, sympathy or encouragement for acts of
violence calculated to cause death or injury to a
person or for threats of such acts of violence;
or
(b) publishes, in writing or orally, words of
praise or sympathy for or an appeal for aid or
support of a terrorist organisation; or
(c) has propaganda material in his possession on
behalf of a terrorist organisation; or
(d) gives money or money's worth for the benefit
of a terrorist organisation; or
(e) puts a place at the disposal of anyone in
order that that place may serve a terrorist
organisation or its members, regularly or one
particular occasion, as a place of action,
meeting, propaganda or storage; or
(f) puts an article at the disposal of anyone in
order that that article may serve a terrorist
organisation or a member of a terrorist
organisation in carrying out an act on behalf of
the terrorist organisation,
shall be guilty of an offence and shall be liable on
conviction to imprisonment for a term not exceeding
three years or to a fine not exceeding one thousand
pounds or to both such penalties.
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Confiscation
of
property.
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5. (a) Any property of a terrorist organisation,
of property. even if acquired before the publication of this
Ordinance in the Official Gazette, shall be
confiscated in favour of the State by order of a
District Court.
(b) Any property liable to confiscation under
this section shall be attached by a decision in
writing of the Chief of the General Staff of the
Defence Army of Israel or the Inspector General of the
Israel Police.
(c) Any property being in a place serving a
terroririst organization or its members, regularly or
on a particular occasion, as a place of action,
meeting, propaganda or storage, and also any property
being in the possession or under the control of a
member of a terrorist organisation, shall be
considered the property of a terrorist organisation
unless the contrary is proved.
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Closing of
places of action
etc. of a terrorist
organization.
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6. (a) The Chief of the General Staff of the Defence
Army of Israel, the Inspector-General of the Israel
Police, a military governor or a military commander of
an area, may decide in writing to close any place
serving a terrorist organisation or its members,
regularly or on a particular occasion, as a place of
action, meeting, propaganda or storage; as soon as a
decision as aforesaid has been given, it may be
carried out by any army officer or police inspector.
(b) Any person aggrieved by a decision given
under subsection (a) may appeal against it to a
District Court within fifteen days of the day on which
the decision came to his knowledge.
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Proof of the
existence of
a
terrorist
organisation.
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7. In order to prove, in any legal proceeding, that
a particular body of persons is a terrorist
organisation, it shall be sufficient to prove that -
(a) one or more of its members, on behalf or by
order of that body of persons, at any time after
the 5th Iyar, 5708 (14th May, 1948), committed
acts of violence calculated to cause death or
injury to a person or made threats of such acts
of violence; or
(b) the body of persons, or one or more of its
members on its behalf or by its order, has or
have declared that that body of persons is
responsible for acts of violence calculated to
cause death or injury to a person or for threats
of such acts of violence, or has or have declared
that that body of persons has been involved in
such acts of violence or threats, provided that
the acts of violence or threats were committed or
made after the 5th Iyar, 5708 (14th May, 1948).
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Government
declaring
organisation to
be a terrorist
organisation.
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8. If the Government, by notice in the Official
Gazette, declares that a particular body of persons is
a terrorist organisation, the notice shall serve, in
any legal proceeding, as proof that that body of
persons is a terrorist organisation, unless the
contrary is proved.
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Proof of
membership in
a
terrorist
organisation.
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9. (a) If it is proved that a person was at any time
after the 5th Iyar, 5708 (14th May, 1948) a member of
a particular terrorist organisation, that person shall
be considered a member of that terrorist organisation
unless he proves that he has ceased to be a member of
it.
(b) A person being in a place serving a terrorist
organisation or its members as a place of action,
meeting or storage shall be considered A member of a
terrorist organisation unless it is proved that the
circumstances of his being in that place do not
justify this conclusion.
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Proof by a
publication of
a
terrorist
organisation.
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10. In order to convict an accused under this
Ordinance and also for the purposes of the
confiscation of property under this Ordinance, any
matter which appears from its contents to hvae been
published, in writing or orally, by or on behalf of a
terrorist organisation, may be accepted as evidence of
the facts presented therein.
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Judgment to be
prima facie
evidence.
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11. (a) If it is determined by a final judgment that
a particular body of persons is a terrorist
organisation, the judgment shall, in any other legal
proceeding, be considered as prima facie evidence that
that body of persons is a terrorist organisation.
(b) A judgment of a military court given and
confirmed under this Ordinance, and also a judgment of
a civil court from which no appeal lies - either
because the law does not allow an appeal or because no
appeal has been lodged within the prescribed time -
shall be considered a final judgment within the
meaning of this section.
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Competent
court,
its
composition
and
procedure.
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12. (a) Anyone committing an offence under this
Ordinance shall be brought for trial before and be
judged by a military court.
(b) A military court, when trying a case under
this Ordinance, shall be composed of three members to
be appointed by the Chief of the General Staff of the
Defence Army of Israel.
(c) The members of the court shall be members of
the Defence Army of Israel, and its president shall be
a person qualified to practise as an advocate in the
State of Israel or another person certified by the
Attorney General of the Government of Israel as having
sufficient legal knowledge.
(d) The procedure of the court shall be in
accordance with the Army Code 5708 or any other law
dealing with the procedure of a military court,
insofar as the procedure is not prescribed by this
Ordinance.
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Arrest.
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13. The Criminal Procedure (Arrest and Searches)
Ordinance, cap.33, applies to a person charged with an
offence under this Ordinance with the following
modifications:
(a) the power vested by that Ordinance in a
magistrate is hereby also vested in a military
prosecutor;
(b) the power vested by that Ordinance in a
police officer is hereby also vested in a
military policeman.
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Release on bail.
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14. The Release on Bail Ordinance, 1944, applies to a
person charged with an offence under this Ordinance
with the following modifications:
(a) the power to release on bail before trial
shall vest in a military prosecutor;
(b) the power to release on bail during trial and
pending confirmation of the judgment shall vest
in the military court dealing with the case;
(c) if an application for release is refused by a
military prosecutor or a military court, the
accused may submit it for decision to the Chief
of the General Staff of the Defence Army of
Israel.
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Confirmation
of
judgment.
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15. (a) Every convicting judgment of a military court
under this Ordinance shall be submitted to the
Minister of Defence, who may -
(1) confirm the judgment;
(2) confirm the conviction and reduce the
punishment;
(3) quash the judgment and acquit the accused;
(4) quash the judgment and remit the case for
retrial to a military court of the same or a
different composition.
(b) The Minister of Defence shall, before giving
his decision, obtain a statement of opinion from a
person qualified to act as president of a military
court under this Ordinance but who did not sit in that
case.
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Finality
of
judgment.
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16. A judgment of a military court given and
judgment. confirmed under this Ordinance shall be final and no
appeal shall lie from it to any court or tribunal
whatsoever.
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Execution.
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17. A judgment of a military court under this
Ordinance shall, in any matter relating to its
execution, have the same effect as a judgment of a
civil court.
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Reconsideration.
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18. The Minister of Defence may at any time
reconsider any convicting judgment of a military
court, even if it has been confirmed by him, and
reduce the punishment or replace it by a lighter
punishment.
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Pardon.
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19. The powers of the Minister of Defence under this
Ordinance do not derogate from the right of pardon
under any other law.
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Assistance,
attempt, etc.
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20. The provisions of the Criminal Code Ordinance,
attempt, etc. 1936, as to principal offenders (section 23), offences
committed in prosecution of a common purpose (section
24), the mode of execution (section 25), accessories
after the fact (section 26, 27), attempts (section 29,
30, 31), neglect to prevent offences (section 33) and
conspiracy (section 34) apply as if they were
expressly included in this Ordinance.
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Criminal
responsibility
under another
law.
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21. (a) This Ordinance does not affect the criminal
responsibility of a person committing an offence under
another law.
(b) If a person is brought before a civil court,
then, notwithstanding as provided in section 12 (a),
offences under this Ordinance may be included in the
statement of charge.
(c) A person shall not be punished twice for the
same act or omission and a person shall not be brought
for trial, in respect of the same act or omission,
both before a civil court and a military court.
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Revocation.
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22. The Emergency Regulations (Prevention of
Terrorism) 5 708-1948, are revoked, but their
revocation does not affect any declaration or notice
made or given or any other act done thereunder and
does not exempt a person from a punishment to which he
has become liable thereunder.
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Implementation
and regulations.
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23. The Minister of Defence is charged with the
implementation of this Ordinance and may make
regulations as to any matter relating to its
implementation.
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Expiration of
Ordinance.
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24. This Ordinance shall expire upon publication of a
Ordinance. declaration of the Provisional Council of State, under
section 9(d) of the Law and Administration Ordinance,
5708-1948, to the effect that the state of emergency
has ceased to exist.
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Title.
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25. This Ordinance may be cited as the Prevention of
Terrorism Ordinance, 5708-1948.
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19th Elul, 5708
(23rd September, 1948)
DAVID BEN-GURION
Prime Minister
and Minister of Defence
FELIX ROSENBLUETH
Minister of Justice
* Published in the Official Gazette, No. 24 of the
25th Elul, 5708 (29th September, 1948).
Prevention of Terrorism Ordinance (Amendment) Law 5740-1980*
Amendment
of section 4.
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1. In section 4 of the Prevention of Terrorism
section 4. Ordinance, 5708-1948* (hereinafter referred to as "the
Ordinance"), the following paragraph shall be added
after paragraph (f):
"(g) does any act manifesting identification or
sympathy with a terrorist organisation in a
public place or in such manner that persons in a
public place can see or hear such manifestation
of identification or sympathy, either by flying a
flag or displaying a symbol or slogan or by
causing an anthem or slogan to be heard, or any
other similar overt act clearly manifesting such
identification or sympathy as aforesaid".
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Amendment
of section 5.
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2. In section 5(b) of the Ordinance, the words "the
Chief of the General Staff of the Israel Defence
Forces or" shall be deleted.
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Amendment
of section 6.
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3. In section 6(a) of the Ordinance, the words "the
Chief of the General Staff of the Israel Defence
Forces", "a military governor or a military commander
of an area" and "army officer or" shall be deleted.
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Amendment
of section 11.
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4. In section 11 of the Ordinance, subsection (b) is
repealed and the mark "(a)" shall be deleted.
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Repeal of
sections 12-21.
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5. Sections 12 to 21 of the Ordinance are repealed.
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Amendment
of section 23.
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6. In section 23 of the Ordinance, the words "the
Minister of Defence" shall be replaced by the words
"the Minister of Justice".
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Replacement
of section 24.
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7. Section 24 of the Ordinance shall be replaced by
the following section:
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"Application
of Ordinance.
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24. This Ordinance shall only apply in a period
of Ordinance. in which a state of emergency exists in the State
by virtue of a declaration under section 9 of the
Law and Administration Ordinance,
5708-1948.". |
MENAHEM BEGIN
Prime Minister
SHMUEL TAMIR
Minister of Justice
YITZHAK NAVON
President of the State
* Passed by the Knesset on the 17th Av, 5740 (30th
July, 1980) and published in Sefer Ha-Chukkim No. 980
of the 23rd Av, 5740 (5th August, 1980), p. 187; the
Bill and an Explanatory Note were published in
Hatza'ot Chok No. 1467 of 5740, p. 296.
I.R. of 5708, Suppl. I, p. 73; LSI vol. I, p. 76.
In the English version, this amendment requires
the addition of the word "or" at the end of paragraph
(f) (Tr.).
I.R. of 5708, Suppl. I, p. 1; LSI vol. I, p. 7.
Prevention of Terrorism Ordinance (Amendment No. 2) 5746 - 1986*
[Unofficial translation]
Amendment
of section 4.
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1. In section 4 of the Prevention of Terrorism
Ordinance, 5708-1948* (hereinafter referred to as "the
Ordinance"), the following paragraphs shall be added
after paragraph (g):
"(h) or, being an Israeli citizen of resident of
Israel, knowingly and without lawful authority, makes
contact in Israel or abroad with a person occupying a
position in the directorship, council or other organ
of an organization that has been declared a terrorist
organization by the Government pursuant to section 8,
or who acts as a representative of the said
organization,
2. At the end of the section, the words "a fine not
exceeding one thousand pounds" shall be replaced by
the words "a fine up to 22,500 NIS (as provided in
section 61(a)(3) of the Penal Law, 5737 - 1977)".
3. The following paragraph shall be added at the end
of the section:
"However, a person shall not be convicted under
paragraph (h) if it is proved to the court that he
made such contact, in Israel or abroad, on account of
a family relationship between himself and the person
with whom he made contact, or that he made the contact
abroad -
(1) on a matter concerning the provision of
assistance to a family member who is in need;
(2) as a media representative participating in a
press conference, provided that international
media representatives participated;
(3) as a participant in an international forum on
an academic-scientific subject, organized by an
academic organization, and provided that he did
not make contact with him on an issue of policy."
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* Published in Sefer Ha-Chukkim 5746, No. 1191 (13th
August, 1986), p. 219; the Bill and an Explanatory
Note were published in Hatza'ot Chok No. 1742 of 5745,
p. 248.
Prevention of Terrorism Ordinance (Amendment No. 3) 5753 - 1993*
[Unofficial translation]
Amendment
of section 4.
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1. In section 4 of the Prevention of Terrorism
Ordinance, 5708 - 1948:
(1) Paragraph (h) shall be deleted.
(2) At the end of the section, the paragraph
commencing "However, a person shall not be
convicted" until "contact with him on an issue of
policy", shall be deleted.
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* Published in Sefer Ha-Chukkim 5753, No. 1410 (27th
January, 1993), p. 46; the Bill and an Explanatory
Note were published in Hatza'ot Chok No. 2148 of 5753,
p. 32.
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