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July 18, 1986 - Image 20

Resource type:
Text
Publication:
The Detroit Jewish News, 1986-07-18

Disclaimer: Computer generated plain text may have errors. Read more about this.



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20

Friday, July 18, 1986

THE DETROIT JEWISH NEWS

would have to order a police
probe if the Cabinet rejected his
recommendation.
He said he could not face the
high court without a decision,
one way or the other. Harish
said that the four Shin Bet men
involved would be interrogated
by the police but no charges
would be brought against them
since they were pardoned in ad-
vance by the President.
But Prime Minister Shimon
Peres, who had been willing to
go along with a judicial inquiry,
warned that a police probe could
implicate "others," meaning ap-
parently Shin Bet agents not
pardoned.
Legal experts said that the
police could also investigate the
political echelons, although
Cabinet ministers and Knesset
members are immune from
prosecution unless their immun-
ity is lifted by the Knesset.
Foreign Minister Yitzhak
Shamir, leader of Likud, was
Prime Minister at the time of
the bus hijack incident and
could conceivably be questioned
by the police. Shin Bet is re-
sponsible only to the Prime
Minister.
The Supreme Court, mean-
while, is considering petitions to
declare the presidential pardons
invalid. But it is not certain the
court will ever act on them. The
Justices affirmed that President
Herzog acted within his con-
stitutional powers.
The petitioners contend that
the Shin Bet chief and his aides,
having never been officially
charged with any offenses, were
in fact not offenders in the legal
sense and therefore ineligible
for pardons.

Study Finds Anti-Bias
Laws are Unenforced

"More Than An
Office Store"

-

rightwing Knesset members
congratulated the Cabinet deci-
sion. Leftwingers lambasted it.
The investigation involves al-
legations that Avraham Shalom
as head of the Shin Bet, Israel's
internal security service, and
three of his top aides were crim-
inally implicated in the unex-
plained deaths of two Arab bus
hijackers in custody or security
agents in April, 1984° and
engaged in elaborate coverups
at two subsequent quasi-judicial
inquiries.
Former Attorney General Yit-
zhak Zamir ordered a police in-
vestigation of the case but the
order was rescinded by Harish
who replaced Zamir last month.
The government, from the out-
set, had been reluctant to in-
itiate an inquiry on grounds of
State security. The fear was
that top secret operations of
Shin Bet would be exposed.
But the Cabinet's hope that
the matter was laid to rest after
President Chaim Herzog
granted blanket pardons to
Shalom and his aides last month
were dashed when the Supreme
Court intervened. The high
court, hearing challenges to the
pardons by several legal groups,
ordered the government on July
1 to show cause why an official
inquiry should not be launched.
Harish, who must reply to the
court order soon, told the
Cabinet that a police investiga-
tion was the least desirable of
its two options. He urged a judi-
cial commission which would
conduct its hearings in strict
secrecy under terms of reference
that would not compromise the
Shin Bet's operations. However,
Harish made clear that he

New York — State agencies
charged with safeguarding civil
rights are lax in enforcing
anti-discrimination laws, a
study by the American Jewish
Congress has found.
An 82-page report drawn from
the study says the agencies have
compiled at best a mediocre re-
cord because they are not
funded adequately, employ un-
qualified personnel, fail to com-
mence enforcement action on
their own initiative, refuse to
introduce or follow time limits
in resolving cases and lack a
streamlined administrative
structure.
The American Jewish Con-
gress report, entitled State Civil
Rights Agencies: The Unfulfilled
Promise, includes data compiled
by the regional offices of the
organization. Seven states were
covered: Georgia, Massachu-
setts, Michigan, Missouri, New
York, Ohio and Pennsylvania.
Most state agencies, the re-
port said, tend to ignore time
limits on cases. In Michigan, the
average time for a complaint to
be processed from filing to hear-

ing is four years. None of the
state agencies studied operate in
such a fashion as to provide a
final adjudication of most com-
plaints in less than a year.
Another weakness cited in the
report, is the failure of the
human rights agencies to set up
formal guidelines for determin-
ing whether there is "probable
cause" to pursue a complaint. In
most states, it notes, the
number of complaints dismissed
for lack of probable cause is
about 50 percent.
The study also found that for
the seven states studied, an av-
erage of only seven percent of
filed complaints are ever for-
mally adjudicated, ranging from
two percent in Massachusetts to
12 percent in Ohio.
The report offers the following
a e
suggestions for ',:upr_• . -ed
agency enforcement of anti-
discrimination laws: increase
money for earmarked items, im-
prove staff quality, demand
more vigorous enforcement, and
streamline organizational
structure.

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