Adalah Demands that Dean of Hebrew University not Take Measures against Arab Students who Refused to Shake Hands with Shimon Peres
On 4 November 2008, the security team at the Hebrew University of Jerusalem returned the student identity cards of Arab students Ali Bahar and Nasser Awdeh, which were confiscated from them on 2 November 2008 during a visit to the university by Israeli President Shimon Peres. The cards were returned following a letter sent by Adalah to the Dean of the Hebrew University demanding their immediate return and that no measures be initiated against the students and that they must be allowed begin the academic year without impediment.
Ali Bahar refused to shake the hand of Shimon Peres during his visit to the university, and told him that, “I will not shake the hand of a child murderer.” Peres’ security guards then jumped on Bahar, held him and beat him. They also arrested Nasser Awdeh, who came to Bahar’s aid, demanding that the guards leave him alone. After the students were held for two hours, the university’s guards joined Peres’ security guards and confiscated their university identity cards. These events took place during a visit by Peres to the university on the occasion of the inauguration of the new academic year, in which he stopped at the university’s library and shook hands with students.
The letter was sent to the university’s dean by Adalah Attorney Abeer Baker, who was with the students from the moment of their arrest. In the letter, Adalah argued that the confiscation of the students’ identity cards was illegal, particularly given that Bahar’s refusal to shake the hand of President Peres falls within the scope of freedom of expression. Adalah emphasized that the principle of freedom of expression defends the right of an individual to express different opinions, even if the opinions displease some people, and might even be considered as harmful or provocative. In addition, restricting freedom of expression and taking punitive measures is only justifiable in cases where an opinion is expressed that might endanger public safety. This incident does not endanger public safety in any way and therefore the student’s refusal to shake Peres’ hand because of his political convictions falls clearly within the framework of freedom of expression.
Attorney Baker further argued that confiscating the student identity cards in practice means that the students are prevented from entering the university and the student halls of residence, and from using the academic facilities. Such a move is tantamount to expelling the students from the university without taking any of the measures required to do so. Furthermore, the university’s security guards do not have the authority to confiscate student identity cards, and therefore their decision to do so must be immediately revoked and the cards returned to the two students. In addition Adalah demanded an investigation must be launched into the circumstances of the incident, and those responsible must be held accountable.
Adalah also argued that the Students’ Rights Law – 2000 protects the right of students to demonstrate and express their opinions, and that recently the Beer el-Sabe District Court cancelled an article of the Ben-Gurion University constitution that banned political demonstrations and demonstrations in protest of contentious issues. The court reasoned that the article was illegal due to the great importance of preserving freedom of expression, as well as violating the Students’ Rights Law.
