Law of Evidence at Israel
In Israel, the law of evidence is primarily governed by the Evidence Ordinance [New Version], 5731-1971, along with various amendments and judicial interpretations. This legal framework outlines the rules for the admissibility, weight, and evaluation of evidence in both civil and criminal proceedings. (Israel: ‘Fruit of the Poisonous Tree’ Legislation Adopted | Library of Congress)
🧾 Core Principles of Israeli Evidence Law
1. Admissibility of Evidence
General Rule: Evidence is admissible if it is relevant and obtained lawfully.
Confessions: Under Section 12 of the Evidence Ordinance, a confession is inadmissible if it was not made freely and voluntarily. The Israeli Supreme Court has emphasized that confessions obtained through coercion or improper methods are inherently unreliable and should be excluded to protect the integrity of the judicial process. (Admissibility | Cardozo Israeli Supreme Court Project)
2. Exclusion of Unlawfully Obtained Evidence
Issacharov Precedent: In 2006, the Israeli Supreme Court ruled in Issacharov v. Military Prosecutor that confessions obtained without proper legal warnings are inadmissible. This decision underscored the importance of protecting suspects' rights during interrogations. (Right to silence)
Amendment No. 19 (2022): Section 56A(a)–(b) of the Evidence Ordinance was amended to explicitly allow courts to disqualify evidence obtained unlawfully if its admission would materially prejudice the right to due process. This amendment aligns with the "fruit of the poisonous tree" doctrine, emphasizing the inadmissibility of evidence derived from unlawful actions. (Israel: ‘Fruit of the Poisonous Tree’ Legislation Adopted | Library of Congress)
3. Hearsay Evidence
General Rule: Hearsay evidence is generally inadmissible, as it prevents the opposing party from cross-examining the declarant.
Exceptions: Section 10A of the Evidence Ordinance provides exceptions, allowing hearsay statements under certain conditions, such as when the declarant is unavailable or when the statement was made contemporaneously with the event. (Admissibility of Evidence | CPLJ)
4. Right to Silence
Legal Warnings: Under Sections 28 and 31 of the Criminal Procedure Law (Enforcement Authority—Arrests) 1996, suspects must be informed of their right to remain silent and that anything they say may be used against them.
Implications: The exercise of the right to silence may be considered as supplemental evidence in most cases, and this fact also needs to be explained to the suspect. (Right to silence)
5. Privileges and Confidentiality
State and Public Interests: Sections 44 and 45 of the Evidence Ordinance establish privileges for the state regarding evidence whose disclosure could harm national security or foreign relations.
Professional Privileges: Sections 48–51 protect communications between professionals (e.g., attorney-client, doctor-patient) from disclosure, balancing the need for confidentiality with the interests of justice. (Disclosure of documents | Cardozo Israeli Supreme Court Project)
⚖️ Judicial Oversight and Legal Reforms
Israeli courts play a crucial role in interpreting and applying evidence law, ensuring that legal standards evolve in response to societal changes and technological advancements. Recent reforms, such as the 2022 amendment to the Evidence Ordinance, reflect a commitment to safeguarding due process and adapting to contemporary legal challenges.
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