Israel Starts To Realize It's Too Easy To Jail Palestinians Without Trial
QUOTE
The supposedly legal procedure known as "administrative detention" [ The Nazis called it Schutzhaft - Editor ] is meant, as everyone knows, to save the security forces from having to reveal to the accused the evidence against them, and from having to face their attorneys in court. For years it was customary for the commander of the Israel Defence Forces in the West Bank to peruse confidential material and sign an order for six months of administrative detention. In many cases, orders were extended over a number of years.......... Even though.... the [ Jewish ] High Court of Justice repeatedly mentions the need to be meticulous about every point in this procedure....... there are nearly 600 Palestinians being held under administrative detention.
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UNQUOTE
A supposedly civilised country like Israel uses Schutzhaft to hold children prisoner without trial then complains bitterly about Nazi abuses. But the Nazi Schutzhaft was only for ten days. The Jewish version is for six months. They are not Christian gentlemen. Nazis are much nicer people. To be fair there are Jews complaining about it.
Israel starts to realize it's too easy to jail
Palestinians without trial 
By Akiva Eldar, Haaretz Correspondent Tags:
Israel News, Palestinians 
The supposedly legal procedure known as "administrative
detention" is meant, as everyone knows, to save the security forces from
having to reveal to the accused the evidence against them, and from having to
face their attorneys in court.
For years it was customary for the
commander of the Israel Defense Forces in the West Bank to peruse confidential
material and sign an order for six months of administrative detention. In many
cases, orders were extended over a number of years.
Even though the
procedure is supposed to be used only in emergency cases, and even though the
High Court of Justice repeatedly mentions the need to be meticulous about
every point in this procedure that severely limits the right to freedom, there
are nearly 600 Palestinians being held under administrative detention. So it
is no surprise that the regional commander could not cope with the plethora of
cases.
A
brochure on the edicts, orders and appointments in Judea and Samaria from
September reveals that GOC Central Command Gadi Shamni authorized six officers
to issue administrative detention orders - the military adjutancy officer, the
logistics officer, the intelligence officer, the munitions officer, the
engineering corps officer and the medical officer.
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Between signing a
prescription and a medical certificate, the medical officer can also sign a
detention order.
Attorney Tamar Peleg of the Center for the Defense of
the Individual revealed that the officer, Col. Dudu Dagan, has signed a number
of administrative detention orders. Other orders bear the signature of the
intelligence officer, Col. Ronen Cohen, and the adjutancy officer, Col. Ettie
Rosen.
Dan Yakir, the legal adviser to the Association of Civil Rights
in Israel, wrote to the legal adviser of the Judea and Samaria region, Col.
Sharon Afek, that any order issued by these officials is invalid for two
reasons.
First, even though the commander of the IDF forces in the
West Bank is the GOC Central Command, there is no institutional and legal link
between these two positions.
This means the IDF commander in Judea and
Samaria is not authorized to appoint officers who are not part of the IDF in
Judea and Samaria.
Second - and most importantly - it is highly
unreasonable to appoint someone to a position if he does not have operational
responsibility for security in the area. This constitutes yet another low
point regarding the intolerable ease with which detention orders are issued in
the West Bank.
The IDF Spokesman said in response that "in accordance
with legislation in the Judea and Samaria region, an IDF officer appointed by
the GOC Central Command as a 'military officer' is authorized to issue
administrative detention orders.
Issuing of the orders is done based
on material presented to the commander and after a legal examination of this
material has been carried out. The legislation does not provide details on
what the demands are for authorizing someone as a 'military officer'."
The spokesman added that authorization is given to staff officers of
colonel and above who are familiar with the security situation in Judea and
Samaria and are aware of current threats.
Even though the IDF believes
it is right in this matter, it appears that someone realizes that the new
arrangement is not particularly intelligent.
The spokesman said that
"in view of the approaches that have recently been made on this issue, and
bearing in mind that many officers have the required authorization, the
authorization of the above-mentioned staff officers is being reconsidered, and
it is possible that the authorizations will be canceled in the near future."
One can only welcome the fact that the defense establishment treats
human rights organizations in a serious manner. Actually, not every defense
official takes human rights volunteers seriously. Ask Dr. Yaakov Arad, who
heads the emergency ward at Josephtal Hospital in Eilat. A few days ago, Arad
responded to an appeal from Doctors for Human Rights and sent a letter to the
defense minister.
The letter requested Ehud Barak to permit five sick
people to leave the Gaza Strip to get emergency medical treatment, some of it
lifesaving.
They have been prevented for months from entering Israel
by the authorities at the Erez crossing and the Shin Bet security service.
Arad wrote to the defense minister that after thoroughly reviewing the
cases he agreed with the conclusions of the Israeli medical experts, most of
whom have excellent reputations. Arad added that in most cases the medical
terminology played down the seriousness of the patients' condition.
In
two cases, there is a clear and immediate threat to the patients' lives, he
said. "I cannot imagine how any of them, as evil and base as they may be, can
constitute a security threat of any kind in their present medical condition,"
Arad wrote. "The very act of refusal arouses in me feelings of anger and shame
as an Israeli citizen, a son of the Jewish people and a doctor," he added.
'Security and the good of the country'
The response was
not long in coming. Elia Eshel, assistant to the head of the defense
minister's staff, wrote: "One must praise all those who activate you, the
doctors, as well as all those 'Israel lovers' throughout the world from
Amnesty and the other 'peace' organizations. The command of the Coordinator of
Government Activities in the Territories is aware of all the appeals without
exception! All of them receive treatment in a fitting manner. Whenever it is
right and necessary and fitting to approve their entry into Israel, this is
done in direct cooperation with the professional bodies."
Arad did not
accept this general response and sent another letter to the minister's office.
"Even in the back of my feverish mind I am not able to find the
slightest reasonable explanation for the decisions of the coordinator of
government activities," he wrote. "It is more reasonable that another agenda
is hiding behind the heading of 'security considerations'. And as for the
hints - I am a doctor in Israel, the director of a department in a hospital,
and an officer in the reserves after a very long period of service in the
paratroops - I am not 'activated' by anyone nor am I part of any kind of
conspiracy. I do not need any sort of confirmation about the extent of my
patriotism."
Another letter of reproach
Arad expressed
the hope that the terminology used by the member of the minister's office was
not an expression of Barak's feelings or policy. He requested that his letter
be shown to the minister "so that he too can learn about the quality of the
filters that act in his name."
However Arad simply received yet
another letter of reproach from the assistant. "The leading and central agenda
of the state and the civil service that serves it is security and the good of
the country," Eshel wrote. "If you felt I was hinting, I wish to apologize - I
merely wanted to update you that in effect, de facto, you turned into someone
who was activated and you were blinded, not out of bad intentions. My
terminology is indeed my own opinion."
Asked for a response, the
minister's office said: "There is no reason to bother the minister with
letters of this kind. The minister's office sends detailed replies to letters
from the public, with the necessary dedication and attention, and it is to be
hoped that other ministerial offices do likewise."
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