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Knesset Unit Defers Decision on Measures That Would Make Kahane Liable to Prosecution for Incitement

December 11, 1984
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The Knesset’s House Committee has deferred a final decision on measures that would make Rabbi Meir Kahane of the extremist Kach faction liable to prosecution for incitement against the Arab population.

Most MKs, from the far right to the far left, favor action to strip Kahane of his parliamentary immunity. But sharp personal and political differences have arisen over the nature and scope of such action and whether or not it should originate with the legislative rather than the judicial branch of government.

A bill to waive Kahane’s immunity was formally submitted by Labor MK Edna Solodar and Yossi Sarid of the Citizens Rights Movement (CRM). Solodar has already accused the House Committee of foot-dragging. But the initiative to delay a final decision came from key Labor members of the committee.

FAVORS WAIVER OF IMMUNITY ACROSS THE BOARD

One of them, Shevah Weiss, argued that a Knesset committee should not be granted the power to deprive an MK of immunity. Likud MK Micha Reisser maintained that the initiative should come from the Attorney General.

Geula Cohen of the rightwing Tehiya Party claimed she favored action against Kahane but insisted that the waiver of immunity also apply to leftwing Knessel members who, according to Cohen, endanger State security.

Cohen accused Arab Communist Party MK Tewfik Toubi of being “worse than Kahane.” Toubi, a veteran parliamentarian and a highly respected figure, notwithstanding his political affiliation, said it was beneath his dignity to respond to Cohen.

TWO DRAFT BILLS AGAINST RACISM

The Justice Ministry, meanwhile, is circulating two draft bills against racism to gauge reaction before presenting them to the Knesset. One, an amendment to the basic law, would allow the Knesset to ban from elections any political party which had as a goal the negation of the State of Israel, its security or its democratic character or if it supported racism or served as a front for illegal activities.

The second bill is an amendment to the criminal code which would define racism as the persecution and humiliation of or hostility toward any sector of the population; or incitement of one segment of the public against another; or violent acts against any group because of its race, nationality or religion. The measure would provide punishment of up to two years’ imprisonment for anyone who publishes incitement to racism.

Both are far-reaching measures which could lead to the prosecution of Kahane on the basis of his public utterances and the Kach platform. They could apply to others of different political persuasions who the Knesset deems a threat to national security.

The House Committee appears at the moment to be encouraging Attomey General Yitzhak Zamir to press this legislation so that any move to outlaw Kahane would not be the sole responsibility of the committee.

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