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Opinion | Not for administrative detention Israel today

2021-10-17T20:10:28.012Z


Administrative detention is a draconian measure, which has no place in democracy • No wonder Prime Minister Begin, who had a deep democratic commitment, opposed the use of administrative detention against citizens


In my previous article ("Israel Today", 4.10.21), I explained why the General Security Service should not be used in dealing with crime in Arab society.

The GSS employs extremist measures that infringe on the rights of the individual, which have been approved because it is a security organization that thwarts terrorist attacks and is not suitable for criminal investigation. Every home in Israel - there will always be another type of crime that they want to declare war on.

Two weeks have passed and already the police chiefs are asking for legislation that will allow them to use administrative detentions as well. Administrative detention is a draconian mandatory measure, which has no place in democracy. If there is evidence of a particular criminal offense, the prosecution must file an indictment and transfer the decision to the competent court, and a person should not be imprisoned without trial. The administrative detainee does not know the factual basis for his arrest: neither the accusations against him nor the evidence against which he must defend himself. If there is evidence, it remains confidential. A good illustration of his condition is found in the description of the uncertainty and helplessness of Joseph K. In Franz Kafka's book "The Trial". Therefore, the test set forth in the Supreme Court's ruling is "near certainty of harm to the security of the state or the public, if the administrative detention is not carried out." This is an undemocratic measure, which severely violates human rights. No wonder at the time Prime Minister Menachem Begin, who had a deep democratic commitment, opposed the use of administrative detention against civilians.

Another problem is that when the authorities 'powers to infringe on citizens' rights are extended, even if they justify this with a specific need for a limited period, experience in Israel and around the world shows that they remain for years.

The Israeli example is the declaration of a state of emergency that has existed for over seventy years, since 1948. The American example is the broad powers given to various bodies in the wake of the terrorist attacks on the Twin Towers and the Pentagon on September 11, 2001, many of which remained unjustified for many years. .

The police have a huge budget of about fourteen and a half billion shekels.

With such a budget, it should provide its citizens with relative security against physical violence without seeking the help of the GSS and without demanding undemocratic powers such as administrative detention. Will they also seek military assistance tomorrow, including perhaps the use of tanks and planes to deal with crime?

Without taking lightly the violence in Arab society, and the possibility that some of it is linked to criminal organizations, these organizations are no stronger than the criminal organizations in Jewish society, which the police manage to deal with, and certainly not stronger than criminal organizations like the Mafia in the United States.

All that is required is proper management, sophistication, proper allocation of existing resources, and responsibility.

Thus, for example, the very many millions of shekels that were channeled into the resource-intensive investigations of the Lahav 433 unit against former Prime Minister Benjamin Netanyahu could be directed to increasing the security of the Arab citizens of Israel.

Thus, for example, it is possible and necessary to allocate a thousand more policemen to patrol the streets, in the classic format of the "monkey policeman" in charge of a particular area.

And should of course be briefed so that they act against the dangerous violent and do not rush to electrify civilians using Taser guns, as they sometimes tend to do.

This is just one example of the many steps that can be taken.

If the top police officers believe that they are unable to do so, instead of asking for help from the GSS and the army and instead demanding anti-democratic legislation, including administrative detentions, they should give way to more competent commanders. Professional police are needed to fulfill their duties properly.

Source: israelhayom

All news articles on 2021-10-17

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