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Opinion | Right now, the justice system has been silenced Israel today

2021-12-25T20:56:32.857Z


No one knows for sure what the Attorney General's positions are on the question of the escalating violation of the rights of hundreds of thousands of citizens.


The absence of the justice system during the current epidemic is almost a mystery.

It seems as if one day the legal system has abandoned one of its most important functions as a defender of fundamental rights.

Until recently, any government initiative, certainly a matter of legislation that touched even narrowly on issues related to human and civil rights, immediately flooded the question of whether these would stand the test of the High Court. And the court did its job Are appropriate, is the harm to the citizen proportionate, and is there no possibility of achieving the goal by a less harmful means?

And knew then that every subject had a public office, a minister and a prime minister, whose intention was to infringe on the rights of certain individuals and some details would be scanned with iron combs.

That not a single stone be left unturned.

That his decision will not escape any criticism, scrutiny and constitutional decision.

As a criminal attorney in the State Attorney’s Office, I remember many dozens of lengthy hearings in the Supreme Court on the question of the conditions of the release of a single defendant.

Indeed, the court demanded to know, it is necessary to prevent him from free movement?

Is it really inevitable to ban him from continuing to work?

And what about the ban on leaving the country?

And the debate has sometimes heated up, and the court urges the state representative to explain why the conditions of release could not be eased, sometimes expressing the question that the state did not give enough thought to the fact that a person's sacred election (and even a criminal defendant) was involved.

But all this now seems like a distant memory.

The ombudsman's voice is almost unheard of. These were a drop in the ocean.

And if Mann Dahua wants to say that the law is also present - in cabinet meetings, in giving opinions, in giving an opinion to the decision-makers, then the respondent will answer: reality speaks for itself.

Decisions that are trampled underfoot are fundamental rights of hundreds of thousands (freedom of movement, occupation, education, entry into and out of the country, entry into public places, green and purple characters) are made by the professional and governmental echelon in a flash.

Frantically.

At the flick of a finger.

For example, the decision-makers knew that there is no law and no law (literally).

Dominant involvement and legal presence in an epidemic period requires courage and a public stature.

Certainly so, when there are many who sincerely believe that the corona virus justifies an uncompromising trampling of any basic democratic value.

In such a climate any intervention by the legal system would expose her, and the decision-makers in particular, to harsh criticism.

Maybe even to blame for abandoning life.

To Tommy, I have always believed that courage, responsibility and a deep commitment to core values ​​will overcome personal apprehension.

Unfortunately, I was deceived.

The justice system has disappeared and gone almost non-existent, precisely when its presence is so vital.

The author is a doctor of law, formerly a lawyer in the State Attorney's Office and currently a lecturer in law and philosophy.

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Source: israelhayom

All news articles on 2021-12-25

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