Prevention of Terrorism Ordinance No. 33
(September 23, 1948)
- Ordinance No. 33 (1948)
- Amendment (1980)
- Amendment No. 2 (1986)
- Amendment No 3 (1993)
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THE PROVISIONAL COUNCIL OF
STATE hereby enacts as follows:-
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| Interpretation. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
25. This
Ordinance may be cited as the Prevention of Terrorism Ordinance,
5708-1948. |
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. |
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. |
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. |
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. |
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. |
5. Sections 12 to 21 of the Ordinance are repealed.
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Amendment
of section 23. |
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. |
7. Section 24 of the Ordinance shall be replaced by the following
section:
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"Application
of Ordinance. |
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. |
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. |
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.
Sources: Israeli
Foreign Ministry |