Election Committee weighs disqualification of MK
Bishara

By Gideon Alon and Yair Ettinger, Ha'aretz Correspondents, and Ha'aretz Service

In the wake of much-criticized decisions to disqualify the Knesset candidacy of Arab MK Ahmed Tibi and allow extreme rightist Baruch Marzel to run, the Central Elections Committee is to meet Tuesday to consider a request to strike the candidacy of Arab MK Azmi Bishara and his Balad list.

Justice Minister Meir Sheetrit Tuesday criticized as a "blunder" the committee's decisions in the Marzel and Tibi cases, which ran directly counter to the recommendations of committee chairman High Court Justice Mishael Cheshin.

Tibi, who was disqualified from running in the January 28 Knesset elections in a controversial elections committee decision Monday, has called the ruling a "black day" for Israeli democracy and said he intends to appeal the decision to the High Court of Justice.

Cheshin had called on committee members not to disqualify Tibi's candidacy, despite Cheshin's determination that "he often treads a very dangerous tightrope" and makes disturbing remarks. Cheshin called the disqualification "a bad and incorrect decision."

The panel's decision to disqualify Tibi also contradicted the recommendation made by Attorney General Elyakim Rubinstein. The High Court will have to decide on the matter by January 9.

In contrast to the Tibi case, Rubinstein has recommended the disqualification of Bishara, who in the past enraged Israelis by voicing support of the militant pro-Iranian Hezbollah in Lebanon.

Sheetrit told Israel Radio Tuesday that the committee members should have listened to Cheshin and Rubinstein.

"The attorney general was very, very cautious in his requests for disqualification, and in his recommendations for non-disqualification," said Sheetrit. "With all due respect, the members of the committee should honor the opinions of those who are responsible for carrying out the law in the state of Israel, and whose point of view is purely and cleanly judicial."

Tibi said in remarks broadcast Tuesday that the decision is "a slap in the face" of Israel's Arab minority.

"This is a black day for democracy and a slap in the face of the Arab minority in the state of Israel, and of all those who seek to build a different sort of relationship between the Jewish majority and the Arab minority."

Likud MK Michael Eitan, who had submitted the formal request that Tibi be disqualified, said: "The central issue that was raised was not over political viewpoints or public expressions, but rather explicit support for the armed struggle of terrorist organizations, and I brought forth numerous examples of this."

Eitan's request to disqualify Tibi was favored by 21 MKs from the Likud and religious parties; 18 representatives from Labor, Meretz and Arab parties voted against it.

Eitan has repeatedly alluded to Tibi's past status as an advisor to Palestinian Authority Chairman Yasser Arafat in an effort to back up his claims that Tibi bore more loyalty to the Palestinian struggle than he did to the State of Israel. He said Tibi had refrained from denouncing attacks on solidiers and civilians in Israel and the territories.

But Tibi rejected Eitan's claims, saying, "I did not support armed struggle, I have never said things like that, and I now reiterate to the public at large that I condemn in the strongest terms the harming of innocents."

Tibi distinguished between an armed struggle and a popular uprising, which he does support. "I have spoken out on numerous occasions against the militarization of the intifada," he said. "I prefer an ambulance opposite a tank to a Kalashnikov opposite a tank." Tibi refused the request made by Eitan to explicitly condemn terror attacks or Palestinian terror organizations.

When asked about his friendship with jailed Tanzim leader Marwan Barghouti, Tibi said, "I am proud of my friend. If you disqualify individuals based on their friends, you will have to disqualify all associates of Mussa Alperon, including Mickey Eitan."

The elections committee also turned down a request Monday to disqualify the United Arab List and its leader, MK Abdulmalik Dehamshe, by a vote of 21 against three (including National Union and Herut) and nine abstentions (including Likud, Shas, the National Religious Party and United Torah Judaism). The request was submitted to the committee - whose members are party politicians, often of low rank - by the National Union faction.

Herut MK Michael Kleiner, who initiated the request to disqualify Hadash-Ta'al, was the only one who voted in favor of the disqualification of the party Monday.

Representatives from Shas, Likud, United Torah Judaism and National Union abstained. Cheshin and the rest of the party representatives voted against the disqualification.

Knesset members from Ta'al (Arab Movement for Renewal) and the United Arab List are arguing that the requests to disqualify their candidacies for the next Knesset are baseless, racist and designed to undermine the political representation of the entire Arab minority.

All the disqualification requests allege that the candidates and their parties do not accept the Jewish character of the State of Israel and support an armed struggle and terror attacks against it. Rubinstein said these requests should be denied on the grounds that the candidates should be given the benefit of the doubt.