State of Israel
Ministry of Justice
The Department for International Agreements and International Litigation
1. Mr. Mordechai Vanunu was prosecuted and convicted of transmission
of secret information with the intent to harm state security, collecting
secret information with the intent to harm state security and of aiding
the enemy during a state of war. In 1986, he was sentenced to 18 years
of imprisonment. Mr. Vanunu was released from prison on April 21, 2004,
under certain limitations.
2. These limitations include a 6 months order (extended for three
additional 6 months periods) issued by the Head of the Home Front
Command, subjecting Mr. Vanunu to the Israeli Police supervision and
limiting his freedom of movement ("Limitation and Supervision Order").
Mr. Vanunu is obligated to inform the police of any change in residency
and overnight stay. In addition, Mr. Vanunu is also not allowed within a
500 meter range of international borders, border passages, harbors and
airports. Additionally, Mr. Vanunu is prohibited from entering
diplomatic missions without permission, having contacts or exchange of
information with foreign citizens or residents, as well as chats on the
internet. Note that Mr. Vanunu can have contact with foreign citizens or
residents, pre-approved by the State, has filed such requests, and most
of them were approved.
3. Another order, issued by the Minister of the Interior, prohibits
Mr. Vanunu from leaving Israel for a 12 months period subsequent to his
release, and was also extended for an additional year.
4. These limitations were the subject of Mr. Vanunu's petition to the
High Court of Justice, requesting the Court to cancel the
abovementioned orders (HCJ 5211/04 Mordechai Vanunu V. The Minister of
Interior). Mr. Vanunu's main argument concerned the validity of
legislative basis sanctioning these orders, requesting the court to
determine that the Defence Regulations (State of Emergency), 1945 and
Article 6 of the State of Emergency Regulations (Departure abroad),
1948, are void.
5. The Court rejected Mr. Vanunu's arguments, and ruled that the
Defence Regulations are a primary mandatory legislation, which became a
part of Israeli law upon the establishment of the State of Israel.
6. The Court accepted the State's evaluation that Mr. Vanunu is
likely to reveal additional secret information, not previously
published, thus further harming Israel's security interests.
7. The Court acknowledged that Mr. Vanunu has repeatedly stated in
various communications found in his prison cell that his long
imprisonment did not subdue or lessen his will and intent to expose and
publish confidential material regarding his classified work.
Furthermore, the Court quoted from letters written by Mr. Vanunu while
in prison stating his willingness and desire to "work for foreign
intelligence agencies". Mr. Vanunu has actually prepared a number of
notebooks with detailed sketches and charts, including exhaustive
records of structures, devices, methods and procedures he became
familiar with during his work, all of which constitute confidential
material, which in the opinion of the Court, Mr. Vanunu wishes to
publish.
8. On November 11, 2004, Mr. Vanunu was arrested for suspicion of
transmission of secret information and violation of a legal order. After
a Court hearing, he was released to a full house arrest, pending the
next court hearing.
9. Subsequently, on March 17, 2005, an indictment was files against
Mr. Vanunu for 19 incidents of violation of the legal order limiting his
movements (C.C. 1934/05). This case is scheduled for court hearings on
January 2006.
10. Note that on July 3, 2005, Mr. Vanunu has filed another petition
to the High Court of Justice (HCJ 6358/05) against the above orders;
this case is still pending.
11. Recently, on November 18, Mr. Vanunu was apprehended by boarder
police officers in the A-Ram crossings near Jerusalem, trying to cross
from Israel to the West Bank. This, in violation of the above Limitation
and Supervision Order. Subsequently, on December 1, 2005, the Commander
of the IDF forces in the West Bank issued a 6 months order prohibiting
Mr. Vanunu from entering and residing in the West Bank.