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Dismantle La Familia?

It will not be that simple

The violent and racist acts allegedly taken by members of the organization time and time again arouse resentment, and this time it seems to have reached water to the soul.

Is there a legal way to "root canalize" the organization once and for all?

Can it be declared illegal?

Tags

• La Familia

• Beitar Jerusalem

Adv. Idit Reichert

Thursday, October 21, 2021, 2:00 p.m.

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The violent and horrific attacks perpetrated by members of the La Familia organization on Betar Jerusalem fans on Monday evening cannot return to the public agenda, and so the same debate that has taken place here in the last decade, around the question of the organization's legitimacy, is also attributed to a number of very violent attacks. Numerous riots and innumerable racist remarks and clearly statements.A considerable part of the discourse in the media is devoted to the question of whether the law enforcement authorities have the power to order the dissolution of the organization, or at least to seek such redress from the court, as a kind of criminal organization or illegal organization.

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Despite the disgust at the brutal acts of violence by members of the organization, which resulted in the injury of a number of fans some of whom were even evacuated to the hospital for medical treatment, I believe that legally, to define La Familia as a terrorist organization and put it on the same list with the well-known terrorist organizations It's going too far.

But what about "softer" settings? Is it possible to dismantle the organization, which operates in seemingly violent and racist ways, from its members? Is it possible to see in La Familia a body that outlines and carries out a series of illegal activities? According to the Law Against Criminal Organizations, a criminal organization describes a group of people who operate in an organized, systematic, and ongoing format for the offense of offenses which, for the most part, are intended to obtain monetary gain. Can an organization be seen as having its members continuously work to commit offenses and bring about its dissolution? I'm not sure.

As someone who has served in the State Attorney's Office for many years, I know how to say that the factual basis required to prove to the court that this is a criminal organization must be quite broad and well-founded.

Thus, for example, it should be shown that the acts of violence allegedly perpetrated by members of La Familia against Betar fans were part of a planned or organized act. To the leader of the organization. And

let us not forget that facing these possibilities, one of the most important individual rights in a democratic state is freedom of association. Like it or not, the starting point in any democratic state is that every citizen has the right to form an organization , Such as social, political or other goals related to the hobby of football team sympathy, for example, and this association has a normative and constitutional status.

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Adv. Idit Reichert (Photo: dun's 100)

In order for an association to be prohibited, it must be proved that there are other essential rights that are infringed upon by the very existence of that association. Under current Israeli law, organizing can be defined as prohibited, inter alia, if its purposes deny the democratic character of the state or if there is reason to fear that its activities disguise illegal activities. The law further stipulates that an association that seeks to register (such as an association) will not register if its purposes are incitement to racism.

Our eyes see, therefore, that outlawing an organization is not a simple craft at all. At the same time, it is precisely in the case of La Familia that there are, at the very least, deep ends of their investigation and analysis by the law enforcement agencies - can also lead to the conclusion that there may be sufficient infrastructure for a real examination of the possibility of dismantling the organization. Thus, for example, it is not disputed that members of the organization have committed alleged criminal offenses. The organization's open support for racism against Arabs can also serve as a significant circumstance in this context.

And having analyzed the various options for dismantling the organization from a legal point of view, it is important to make clear that this is by no means the only arena of struggle in which the phenomenon of ugly violence in sports is required to be combated - and perhaps not even central to them.

The police, the Football Association, the director of the football leagues and the team itself play an important role in bringing those individuals to justice.

The State Attorney's Office and the court system have a crucial role to play in imposing heavy punishment that will convey a message of deterrence and retribution.

I will also mention that in 2008 the law prohibiting violence in sports was enacted in Israel, the main purpose of which is to deal with the rising violence in Israeli sports in general, and with racist remarks in particular.

It is therefore ripe for law enforcement authorities to increase the use of this law before it is too late.

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