Adalah Seeks Cancellation of University Prohibition on Students' Right to Counsel

On 8 December 2002, Adalah filed a petition to the Nazareth District Court seeking a declaratory judgment that Article 11D of Bar Ilan University's Disciplinary Code is invalid. This article states that students undergoing disciplinary proceedings must appear alone at their hearings, and may not be represented by lawyers.

Adalah Staff Attorney Gadeer Nicola filed the petition, as well as a motion for immediate decision, in connection with the case of Ms. Yassera Bakri. Ms. Bakri is a Safed College student who was suspended by the College's Administrative Committee on 17 September 2002. The Committee suspended Ms. Bakri on the grounds that she disembarked from a public bus in August 2002, prior to the bus being blown up by a bomber, with the knowledge that "something bad was going to happen." Further, the Committee alleged that as a result of her presence at the College the police would need to put forces on campus to prevent possible attacks by extremist groups. The Committee also claimed that her behavior harmed the dignity of the institution and the moral values of the public. Safed College is governed by the Disciplinary Code of Bar Ilan University.

In the petition, Adalah argued that the right to counsel is a component of the right to fair trial, both of which are universally recognized rights. The right to fair trial, Adalah noted, is implicitly protected by the Israeli Basic Law: Human Dignity and Liberty (1992). Further, Adalah stated that the disciplinary case against Ms. Bakri raises legal issues which necessitate representation by counsel. Because of the criminal case pending against her, she must be represented by a lawyer in order to guarantee her right to be protected from self-incrimination. Adalah and Safed College agreed to delay the disciplinary hearing against Ms. Bakri until the Court rules on the petition. A hearing on Adalah's motion for immediate decision will be held on 29 December 2002.

Also pending before the Nazareth District Court is a petition filed by Adalah Staff Attorney Gadeer Nicola on 3 December 2002, seeking a declaratory judgment that the decision to suspend Ms. Bakri and hold disciplinary proceedings against her are invalid. Adalah argued that the decisions are illegal and exceed the authority of the Disciplinary and Administrative Committees of the College, and the Disciplinary Code of Bar Ilan University. Adalah based its arguments on those it outlined in a letter to Safed College sent on 14 November 2002. (See Adalah Press Release, "Adalah to Safed College: Cancel the Suspension of Student Yassera Bakri," 14 November 2002). Together with the petition, Adalah also filed a motion for temporary injunction seeking an order to allow Ms. Bakri to resume her studies, until the Court issues a decision on the petition. Judge Gavriela Dilevy ordered Safed College to respond to the request for injunction within 21 days. No date has yet been set for a hearing on the petition.