RAMALLAH – The Israeli High Court of Justice Sunday overturned the Central Election Committee's decision to disqualify the Knesset Member Haneen Zuabi of Arab Balad party from running for a seat in the upcoming elections. The ruling, by a special panel of nine judges headed by Supreme Court President Asher Grunis, was unanimous. Zuabi was disqualified by the Central Elections Committee last week, in a 19-9 vote, despite Attorney-General Yehuda Weinstein recommending that she be allowed to run. Weinstein has written that there are not sufficient grounds to disqualify any of the candidates in the January 22 elections. The petition against Zuabi, which was spearheaded by MK Ofir Akunis of ruling Likud party, claimed that the parliamentarian had undermined Israel and its institutions, including the army, by participating in the Mavi Marmara flotilla that tried to break the Israeli-imposed maritime blockade of the Gaza Strip in May 2010. Zuabi told the Israeli Army Radio in response that although she respects the High Court decision, it doesn't mean Israel is “100 percent democratic.” “This ruling proves again that the Central Elections Committee is a political body that abuses its authorities and allows politicians to bar their rivals for ideological reasons,” she said. The Arab MK added she was convinced she would be allowed to run. “It was clear to me that there was no legal basis to ban me,” she said. “However, this decision does not erase the threats, the de-legitimization, and the physical and verbal violence that I experienced at Knesset and outside of it in the past three years,” she added. Arab attorney Hassan Jabareen said that his client's participation in the 2010 Gaza flotilla aboard the Mavi Marmara was “a legitimate political action done by an MK that is protesting the blockade (on Gaza).” Jabareen, also head of Adalah – The Legal Center for Arab Minority Rights in Israel, said that “all disqualification motions against Arab parties and Knesset members over the past 15 years had no legal merit and were meant only to delegitimize elected Arab pubic officials.” “Zuabi's case is different because there was also an attempt by the Right wing of the Knesset to portray her at a terrorist, despite the fact the she has never been accused of any crime.” Israeli politicians from the right lashed out at the High Court for allowing Zuabi to compete for a Knesset seat, saying it had become a “home court of the left.” “I'm sorry from the bottom of my heart that this was the decision, but I'll honor it,” Akunis told Army Radio. The Supreme Court overturned the Knesset's ability to govern, he said. “If judges just canceled a law that is one of the bases of Israel's existence, then I can only be sorry,” he said, noting he had yet to see the full verdict. “The most important thing in Israel's democracy is accepting laws made by the Knesset,” Akunis said. “The Basic Law states that someone who took an active part in action against the state can't take part in the country's elections.” MK Danny Danon from the Likud said, “Today the court decided to back the terrorist from the Marmara instead of Israel's elite combat soldiers who were attacked with knifes and clubs by terrorists, under Zuabi's umbrella of immunity.” “Zuabi's place is in jail.” The Likud-Beiteinu campaign issued a statement following the decision saying it was “regrettable.” “We regret the Supreme Court's decision to allow MK Zo'bi to vie for a Knesset seat. Given the court's interpretation of the law it is obvious that the law must change and clearly state that anyone supporting terror is automatically disqualified from being a Knesset member.” “The Likud and Yisrael Beiteinu will use their next parliamentary term to amend the existing law.” Yuval Zellner, MK of Kadima party, echoed the sentiment: “I regret the Supreme Court's ruling regarding MK Zo'bi. She systematically and actively acted against soldiers and the values of the State of Israel.” “Unfortunately, instead of focusing of promoting the legitimate needs of her constituents, Zo'bi acted foolishly and compromised the fragile coexistence between Arabs and Jews.”
