The Ministry of Justice

Total Budget: 452. million NIS

Number of which are Arab citizens: 32 → 1.7%

Number of justices: 426

Number of Arab justices: 19 → 4.5%

Issues:

1. The Arab Language in the Courts

♦ In December 1998, the Secretariat of the Regional Labor Court in Tel Aviv issued

a directive requiring every non-Hebrew speaker to supply a translator at his/her

own expense for hearings in the court.

♦ After a challenge by the organization "Adala" in January 1999, Justice Stephen

Adler, Presiding Justice of the National Labor Courts instructed that Arab

speakers not be required to supply their own translators, since Arabic is an official

language in Israel. On the other hand, Justice Dan Arbel, Director of the Courts in

Israel, responded that the problem is budgetary and not a matter of principle.

♦ The Courts retain the services of a translation company on a regular basis,
however,there are presently only four interpreters on-call at all times to service
the entire judicial system.

Number of Arab Justices (in percentages)

Beer Sheva Haifa Kfar Saba Nazasreth Acre Petech Tikva Ramla

The outcome of the trial for a person appearing in a court, is overwhelmingly influenced by the manner in which ones intentions and arguments are expressed. A citizen whose language is Arabic finds himself in a situation where his opening position is already disadvantaged and unsuitable, and a translator cannot adequately express the speaker’s emotions and intentions. At best, his words can only be translated literally.

The legal system has to be prepared for the daily bi-lingual situation in the courtroom. This need requires many more translators with legal and social training that will allow them to present the remarks of the defendant literally, while also capturing the spirit. This need can not rise or fall upon a "budgetary problem," as Justice Dan Arbel put it. This is a matter of principle by which every case should be governed.

2. Inequality Under the Law Between Jews and Arabs in the Court System

As a rule, the proportion of Arab citizens involved in crime is not higher than their

proportion in the general population: (The following data relates to the 1990s.)

♦ Chance of closing a file: for a Jewish citizen -- 42%; for an Arab citizen -- 39%.

♦ The likelihood of being convicted: 53% of the files against Jews; 61% of the files

against Arabs.

♦ Imprisonment: In all cases of crimes of violence and property, the likelihood of

imposing imprisonment on convicted Arabs, as opposed to Jews, is up to twice as

much.

Breakdown According to Type of Offense of Files Opened against Arabs

Youth

Closing of files without a trial:

Jews 69%;

Arabs 47%

Imprisonment:

Jews: 2%;

Arabs: 31%

Suspended Prison Sentence: frequency among Arabs is 1.5 to 3 times higher, with no distinction among the types of offenses.

3. Training justices

♦ The Institute for Continuing Education for Justices holds approximately fifty

courses every year on various subjects. In 1999, for example, emphasis was placed

on domestic violence and sexual offenses. In these courses, attention is given to

subjects other than legal matters. The subject of Arab citizens as a distinct group

has never been on the agenda as a topic of these courses.

There is no doubt that the unique problems of Arab citizens, derived from their historical and current status as citizens of Israel, are raised daily in the Israeli court system. In light of the description presented in this report, as well as the language difficulties, it is of the utmost importance that this subject become an integral part of judges’ training and continuing education programs. Familiarization with and understanding of the special circumstances of the Arab citizens will no doubt aid in attaining fair judgment.