Human Rights - Defending the Residents of Judea and Samaria

The Legal Forum is demanding that the Attorney General protect the civil rights of residents in Judea and Samaria and not just of the leaders of organized crime.

In recent months Israel has been hit by a series of serious acts of violence involving some of the criminal organizations active across the country. The police have been unsuccessful in their attempts to prosecute the criminals, mainly because witnesses have been threatened and intimidated.
For this reason the Minister for Public Security has announced that in order to fight crime - the police will make use of an exceptional measure and impose administrative detention on suspects.

Administrative detention is a procedure in Israeli law by which a person whom the law enforcement authorities believe poses a danger to the public is placed in custody without trial. This method of action has been in use as part of the Emergency Regulations imposed in 1945 during the British Mandate.

This week Attorney General Yehuda Weinstein expressed his objection to the use of this method in the fight against organized crime as "the use of this measure is considered unusual and damaging. It is used from time to time in cases of security violations, but should not be applied to other offenses, especially when other measures are available to streamline the battle against crime. These include cyber warfare, more extensive use of human resources and advanced technologies".

Attorney Hila Cohen from the Legal Forum has contacted the office of the Attorney General and in a sharp letter welcomes the decision to defend human rights, but demands that it be applied equally in cases of alleged security breaches by Israeli residents of Judea and Samaria, which are often not supported by any form of evidence.

The use of administrative detention is appropriate and necessary in cases of severe security offenses when there is information regarding terrorists threatening the lives of Israeli citizens. The reality today is that this method of law enforcement is applied to young person's protesting against government's policies by building temporary housing on state lands, or by pasting ads and spraying slogans. These acts are a long way off from acts of terrorism endangering human life.

Attorney Cohen is demanding that Attorney General Weinstein "gather evidence and prosecute the suspected offenders in the civil court, and not limit their freedom in such an arbitrary way"
The Legal Forum believes that enforcing administrative detention without evidence raises serious concerns; that the acts for which these orders were imposed are related to freedom of expression and demonstration, freedoms that must be protected at all costs. The use of these orders poses a serious threat to the normal functioning of democratic rule.

The Legal Forum has demanded that an urgent hearing be held in the Ministry of Justice regarding this issue stating that "the Attorney General's office should not pride itself on the use of disproportionate and draconian law enforcement measures".

The Legal Forum will continue to act to protect the human rights of residents of the State of Israel, even if they reside in Judea and Samaria.

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