חוק לתיקון ולהארכת תוקפן של תקנות שעת חירום (נגיף הקורונה החדש - דיונים בהשתתפות עצורים, אסירים וכלואים) (תיקון מס' 2), התש"ף-2020Law to amend and extend the validity of Emergency Regulations (new coronavirus - discussions with the participation of detainees, prisoners and confined persons) (Amendment No. 2), 2020 · automatic translation · suggest a correction

Official summary of the law (Knesset)

It was decided to amend the Law for the Amendment and Extension of the Validity of Emergency Regulations (New Coronavirus – Hearings with the Participation of Detainees, Prisoners and Inmates) and to establish that a detainee or prisoner in isolation shall participate in a hearing by technological means, and if there is a real concern that they have been infected, or have come into contact with a patient, officials in the Prison Service shall be authorized to determine that the hearing will be held with their participation by technological means. It was further decided to authorize the Minister of Justice and the Minister of Public Security to declare, under certain conditions and subject to subsequent approval by the Constitution Committee, that hearings will not be held in the presence of detainees or prisoners. It was also decided to establish parallel arrangements regarding the participation of inmates in hearings before military courts.

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What was said in the plenum

The law regulates, following the emergency regulations enacted in response to the coronavirus, the manner of participation of detainees and prisoners in court hearings concerning them, and allows the Minister of Justice and the Minister of Public Security to declare, for periods of up to 14 days, a full restriction on bringing detainees and prisoners to hearings in physical presence, so that hearings will be held via video conference, subject to subsequent approval by the Constitution Committee. The debate focused mainly on whether it is appropriate to transfer such authority to only two ministers without prior Knesset oversight, and on the possible infringement of detainees' and prisoners' rights to a fair process and to be present at hearings concerning them, alongside the need to protect public health and the health of the incarcerated population.

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An automatic summary of the plenum transcripts: the debate on the bill at every reading it was voted on. Arguments are given as the speakers made them; this is not an assessment. The list of speakers comes from the transcript, without a model. Transcript of the sitting: 1

Reservations to the second reading

16 reservations were filed: proposed changes to the text the committee brought to the second and third reading.

The reservations to Section 2 are intended to make the authority to declare a special state of emergency and extend it subject to the approval of the Knesset Constitution, Law and Justice Committee, to transfer the authority to declare and extend from the ministers to the government as a body, and to shorten detention and extension periods and delete certain provisions granted to ministers and senior officers.

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By faction

• Yisrael Beytenu opposition · 16 reservations · 7 members
• Joint List opposition · 8 reservations · 15 members
• Yesh Atid – Telem opposition · 8 reservations · 16 members

A joint reservation counts for every faction whose members filed it.

Proposers and reservation numbers are extracted automatically from the committee version, and the count is checked against the numbers printed in it. The descriptions are an automatic summary. Committee version for the second and third reading (PDF)