Israeli Supreme Court Upholds Seizure of Funds Suspected of Terror Financing

The Israeli Supreme Court has approved the seizure of 65,000 shekels (approximately $17,500 USD) belonging to Omar Attia, based on classified intelligence suggesting the funds were received as payment for terror offenses and arms dealing. The court, in its ruling, reiterated that a direct link between the confiscated money and specific criminal acts does not need to be proven for seizure.

Attia had contested the seizure, arguing that a direct connection to illegal activity must be demonstrated, that his right to be heard was violated, that the seizure disproportionately harmed his property rights without considering less intrusive alternatives, and that the decision to confiscate cash while returning foreign currency checks was arbitrary and discriminatory.

Justice David Mintz, writing for the court, noted that the general claim regarding the necessity of proving a direct link had already been rejected by the Supreme Court. Regarding Attia's specific case, Mintz stated that after reviewing the classified security material with the consent of Attia's counsel, the court was satisfied that there was sufficient factual basis to justify the order and subsequent seizure.

The court found that Attia's right to present his case was not violated, as he was allowed to submit an appeal and his representative attended a committee hearing. The court also found no flaw in the committee's recommendation, which was based on classified information. Furthermore, the court deemed the seizure reasonable and not disproportionately harmful to Attia's property rights, emphasizing that the authority was exercised based on the available classified material and that some funds were returned as recommended.

Addressing the alleged discrimination between confiscated and non-confiscated funds, the court stated that confiscating cash, which requires minimal resources to realize, was a logical choice. Attia was ordered to pay 5,000 shekels in legal costs. Justices Gila Kenafy-Stein and Yechiel Shechter concurred with Justice Mintz's decision.