Like animals at a zoo: The law banning the photography of suspects is appropriate
The degrading status of being photographed in this situation is not much different from hundreds of years ago, so people would come to the town square to watch the prosecution |
Contrary to the uniform voices rising from the media against the bill, Adv. Omar Ballali thinks this is a welcome change | Unpopular opinion
Omar Ballali, Opinion
27/06/2022
Monday, 27 June 2022, 09:01 Updated: 09:41
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A bill was recently put to the vote that would prevent the publication of photographs of suspects before an indictment is filed against them.
In contrast to the uniform voices that emerge from the media (for example in Haaretz's editorial and a scathing article by Gilad Morag on the Ynet website) that oppose the bill, there are those who think differently, and his position deserves to be heard.
The bill that deals with the matter is important, correct and justified.
Many times we come across mirrors of suspects being handcuffed in court or those documented sitting on the detainees' bench.
Many of them try to hide their faces - with their hands, shirt, towel or anything that happens next to them.
It is not a pleasant situation to be arrested.
This is a less pleasant situation when the person being photographed in this humiliating position cannot escape his photograph in this embarrassing position or prevent it.
Undoubtedly, being a suspect or accused of an offense does not qualify for a prize for good citizenship.
Beyond that, it is easiest, most convenient and natural to express contempt for people who are in these situations.
But the very degrading status of being photographed in this situation is not much different from hundreds of years ago, when people would come to the town square to watch the prosecution of criminals.
There, they would end up hanging, decapitating, amputating an organ, or "just" whipping their bodies.
This is a "total" image. But this image has a lot behind it. In today's Internet age, where people can not be deleted from the web, the image remains etched forever. Arrested, brought in for one or more remand extensions, but the case against them is closed.But the network still does not forget and the same people are left with the Cain sign forever.
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Ziv Grobner, suspect in the murder of a lawyer in Haifa (Photo: Walla !, Yoav Itiel)
To correct a historical injustice
Even in such cases, in most cases there is no publication of any suspect.
In cases where this is necessary for the police, it knows well enough to request the publication and even takes care of distributing the photo itself
This bill came to correct a historical injustice.
The line that separates a suspect, a person who has not yet formed an entire evidentiary basis against him, and a defendant - in whose case there is more solid evidence.
It is difficult to ignore various publications that claim that the law is wrong, as it will limit the public’s ability to know about suspected terrorism, violence or sexual offenses.
Which will prevent the public from knowing and assisting in the investigation.
This assumption is incorrect.
I have never encountered a situation where suspects of terrorism or violence are famous for their picture and due to the publications further complaints reach the investigators.
Moreover, most investigations of terror suspects take place when a blanket restraining order is imposed, which is usually only handed down at the indictment stage or after the suspects have already confessed and returned.
As for the area of sexual offenses, the situation is different and in these cases, the police do sometimes use public advertising to collect additional complaints.
In such situations, the law knows how to deal with the difficulty as it allows the court to publish the photograph of the suspects.
Even in such cases, in most cases there is no publication of any suspect.
In cases where this is necessary for the police, it knows well enough to request the publication and even takes care of distributing the photo itself.
Lawyer Omar Ballali (Photo: PR)
More than once I have been in detention extension discussions and seen how detainees are brought to the suspects' bench only to take several pictures of the suspect and then the suspect is returned to the detention cell.
The suspect was not brought to the courtroom for questioning - he was brought for a photo.
This thing has always itched me and I have always felt sorry for those detainees, who have to deal with this humiliation, in which they are photographed like animals in a zoo.
Yes, these people have often done ugly deeds, but we as a society need to know how to treat those people and not shame them.
True, it is not popular to think about the rights of suspects and defendants, but just before you claim they are criminals and should be repaid equally, remember that you or your relatives can sit on the same bench and try to cover their faces.
* The writer is a lawyer, a criminal law expert
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