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Opinion Administrative arrest for the hit man Israel today

2022-08-02T06:47:30.748Z


The court ordered, in an unusual step, to compel a woman to move to a shelter for battered women due to threats on her life • If the husband is a ticking time bomb by definition, why not initiate administrative arrest against him?


The week started with a surprising announcement: the court ordered, in an unusual step, to compel a woman to move to a shelter for battered women due to threats on her life.

The title given to the news was "Preventing the next murder", and the judge explained his decision by saying that it is true, there is a fundamental right of freedom of movement taken here, but "the sanctity of life comes first".

Who would disagree with such an absolute statement?

It is clear that the sanctity of life comes first.

Especially in times like ours, when this sanctity is repeatedly violated by spouses who are not satisfied with the behavior of their wives.

And yes, the murder of the next woman must be prevented.

But let me honestly question the intention of the judiciary and the law enforcement system.

Perhaps the more accurate title for the story should be: "Preventing the next murder without getting too involved."

It is clear that this step also brings to the public discourse the question that arises again and again when a woman runs away from her home beaten and bruised mentally and physically, and escapes to a shelter for battered women, far away from her friends, family, and acquaintances, where she lives with other women and children in her condition and in the condition of her children, hiding in a pressure cooker in the conditions difficult mental.

The obvious question always arises, and it is correct and justified: why punish the threatened woman and not keep the threatening man away?

Caskets of ink have been spilled on this outrageous question, and I have no intention of weary the readers.

The legal answer is that you cannot prosecute someone for something they have not yet done.

The husband is just talking.

If the woman takes his threats seriously and fears for her life, the state gives her a solution.

Not ideal, to say the least, but at least one that would keep her alive.

Sanctity of life comes first.

Right.

You can't prosecute someone for something they didn't do, but you can arrest them.

This is called administrative detention, and it is done in Israel to both Jews and Arabs.

Ask, for example, Avraham Yair Yared, a 19-year-old young man from Mitzhar, who was held for 90 days in administrative detention without anyone explaining to him why.

That's the fun of administrative detention: you don't know why you're in it and you don't know when you'll be released.

It is a tool that gives almost unlimited power to the authorities.

In a democratic country they don't like to use this tool.

The trampling of individual rights is intolerable, and the authorities only use it if it is a "ticking bomb" and/or bringing the case to an open discussion would reveal the intelligence sources that brought this information.

In the case we are dealing with, of the Marmela woman who has a clear and immediate fear for her life, there are enough indications of who the threat is.

This is a ticking bomb by definition.

If there was doubt, the court would not have ruled what it ruled.

If so, why don't they put the threatening man in administrative detention?

I suppose there are different considerations for using this predatory tool.

Some are relevant, some less so.

The freedom of certain authorities to choose who is deprived of their liberty without the ability to defend themselves and who remains free should be under closer and more transparent supervision.

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Source: israelhayom

All news articles on 2022-08-02

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