Caselaw

High Court of Justice 244/23 Association for Civil Rights in Israel v. Israel Police - part 12

December 14, 2025
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Section 5B of the Procedure

  1. As detailed above, section 5B of the procedure states that "the police officer is entitled to verify the details specified in the identity card in the police systeMs. At the end of this examination, the police officer will return the person's Identity and will finish treatment". In their petition, the petitioners requested that this section be changed so that it would be determined that "when the detainee does not carry an identity card or there is a suspicion that the card he presented is forged, the police officer is entitled to verify the details included in the identity card against the details in the population registry.  The verification operation is limited to checking the details that appear on the ID card only.  As part of the exercise of the authority under the Identity Card Law, the police officer will not carry out additional policing activities, such as questioning, checking details at the police terminal, and inquiring by phone with the police hotline."

As stated, in the framework of the order nisi we instructed the respondent to explain why "Section 5B of the procedure will be repealed or amended in such a way that it will be clarified that the verification of the details is intended to verify the correctness of the certificate and what is stated therein"; Subsequently, the Respondent noted that it intends to formulate the clause in question as follows:

"A police officer may verify the authenticity of the certificate or the details specified in it, by means of oral questions or through the police systeMs. At the end of this examination, the police officer will return the person's ID card and complete treatment."

  1. The Respondent emphasizes that following the judgment in the Tabqa, significant changes have been made regarding the possibility of a police officer verifying the details of the ID card in the police terminal system, as follows:

In the first stage The system only presents the police officer with information that appears on the identity card of the person being examined.  However, already at this stage, the system will automatically display alerts in relation to that person, if it is someone who has lost an ID card; if he owes arrest or escapes from lawful custody; if he is required for interrogation, restricted entry into Israel or is missing; or if there is a protection order or a weapons seizure order in his case.

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