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Criminal Procedure Regulations (Powers of Enforcement – Arrests) (Postponing Legal Counsel for a Person Arrested on a Security Offense), 1997 Print E-mail

By the power vested in me according to Section 35(h) and (l) of the Criminal Procedure Law (Powers of Enforcement – Arrests), 1996 (hereinafter – the law), following consultation with the Minister of Defense and with the approval of the Constitution, Law and Justice Committee of the Knesset, I institute these regulations:

Definitions

  1. In these regulations –

“Detainee” – a detainee suspected of a security offense as defined in Section 35(B) of the law;

“Person in charge” – one of the following:

(1) The head of a team of investigators or the head of a department of investigators in the General Security Services authorized for this by the head of General Security Services;

(2) A police officer with the rank of chief superintendent or higher authorized for this by the Commissioner of Israel Police;

(3) An officer in the Israel Defense Forces with the rank of lieutenant colonel or higher authorized for this by the head of the Intelligence Division of the Israel Defense Forces;

(4) In regard to the final clause of Section 35(A) – a police officer with the rank of superintendent or higher in the Israel Police.

Postponing a meeting

2. (A) If the person in charge believes that one of the reasons stipulated in paragraphs (1) to (3) of Section 35(A) of the law applies to a detainee, he is authorized to order that a meeting the detainee seeks to hold with an attorney or that an attorney appointed by a person close to the detainee asks to conduct with the detainee, be postponed for one period or more, as long as the total period does not exceed six days.

(B) If the person in charge, who is the head of a department of investigators in the General Security Service, a police officer with the rank of commander or higher, or an officer in the Israel Defense Forces with the rank of lieutenant colonel or higher, according to the matter, believes that there is still cause to postpone the meeting described in Subregulation (A), he is authorized to order that the meeting be postponed for one additional period or more, as long as the total of all of the periods does not exceed ten days.

(C) Upon conclusion of the investigation of the detainee against whom a decision was made to postpone a meeting with an attorney, or when the reason for postponing the visit ceases to exist, whichever is first, the person in charge will enable the detainee to meet with an attorney.

(D) A decision according to subregulation (A) or (B) will be in writing and will note the reasons for which the meeting was postponed.

(E)  If a detainee against whom a decision was made according to this regulation is transferred from the place he was held to another place of detention, the document in which the decision to postpone the meeting was documented will be transferred to the place where he is held.

Notice about Postponing a meeting

 3. A notice about a decision to postpone the meeting as stipulated in Regulation 2 will be delivered to the detainee as soon as possible; this notice will also be  delivered, upon his request, to the person close to him, whom he cited by name, unless the court issued a directive according to Section 36 of the law.

Requesting the court to postpone a meeting

4. (A) If the person in charge believes that the reasons stated in Section 35(D) of the law exist, a written request will be submitted to the court, with the approval of the Attorney General, supported by a declaration from the person in charge, for a postponement of the date of the meeting between a detainee and an attorney.

(B)   The request will note the requested period for preventing the meeting and the reasons for it; the declaration will explain the facts and information on which the declarer bases the request.

(C)  The request will be submitted in three copies and a copy of it will be given to the detainee; the declaration supporting the request, including the material attached to it, will be given only to the judge to examine.

Appeal of the Postponement of a meeting

5. (A) A detainee is entitled to submit an appeal of a decision made by the person in charge according to Section 35(A) of the law to postpone a meeting with an attorney, via the commander of the place of detention in which he is held or via his defense attorney; the writ of appeal will be submitted to the court in three copies, and a copy of it will be presented to the prosecutor.

(B) An appeal of a decision of the district court according to Section 35(E) of the law will be submitted within 48 hours of presentation of the court’s decision to the parties in the case; a writ of appeal will be submitted to the court in three copies and a copy of it will be presented to the opposing side.

The court hearing

6. If a request is submitted or an appeal is submitted to the court according to regulations 4 or 5, the court will begin to hear them within 48 hours of their submission, and it is also authorized to conduct the hearing in the place where the detainee is being held.

Restricting the right of inspection

7. Documents that were submitted according to these regulations may only be inspected by the parties to these proceedings, subject to the stipulation in Regulation 4(C); documents that were submitted in a proceeding conducted in the absence of the detainee or his defense attorney according to Section 35(D) or (I)  of the law and the protocol recorded in these proceedings may not be inspected by the detainee or his defense attorney.

Application of regulations 4, 5 and 7

8. The directives of regulations 4, 5, and 7 will also apply, with the requisite changes, to the submission of an appeal to the Supreme Court according to the final clause of Section 35(D) of the law, and to the hearing of the appeal.

Cancellation

9. The Criminal Proceeding Regulations (Detainee’s Meeting with Attorney), 1981 - is cancelled.

Commencement

10. These regulations will become effective on the day the law enters effect.

 

Tzahi Hanegbi                                                                                                       May 8, 1997

Minister of Justice

 
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