On 26 January 2010, the Knesset House Committee lifted the parliamentary immunity of MK Said Nafa, thereby allowing the Attorney General to proceed with criminal proceedings against him for visiting an enemy state (Syria). MK Nafa traveled to Syria in September 2007 despite notification by the Ministry of Interior that Syria is considered an enemy state under Israeli law.
In September 2007, Said Nafa allegedly organized a visit for a group of religious Druze leaders to Syria. During the visit, Nafa met with Talal Naji, the Deputy Secretary-General of the Popular Front for the Liberation of Palestine, and Khaled Mashaal, head of the Hamas political bureau.[1] According to Article 5 of the Emergency Regulations (Foreign Travel) Law, 5709-1948 (hereinafter: “Foreign Travel Law”), it is prohibited for an Israeli citizen or resident to enter Lebanon, Syria, Saudi Arabia, Iraq, Yemen, or Iran without prior permission from the Minister of Interior.[2]
On 1 October 2009, the Deputy State Attorney, Shai Nitzan, issued a letter to the Ministry of Interior summarizing the relevant internal guidelines for bringing charges against a person who has violated the Foreign Travel Law by visiting an enemy state, such as Syria. [3] According to these guidelines, the State may indict only in cases in which the person who visited an enemy state did so despite having received specific and direct, personal warning about the prohibition in force.
On 13 December 2009, the Attorney General announced his intention to indict MK Nafa for assisting a group of 280 people to illegally visit an enemy state; for illegally visiting an enemy state; and for meeting with foreign agents. However, according to Article 13 of the Knesset Members (Immunity, Rights and Duties) Law, 5711-1951, [4] once the General Attorney announces his intention to indict a parliament member, that person is entitled to requesting confirmation of his or her parliamentary immunity by the House Committee, as well as a determination that one's actions were conducted while carrying out one's mandate as a member of the Knesset. Nevertheless, upon the request of the Attorney General, the House Committee denied Nafa's request on 26 January 2010, thereby enabling his indictment.