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Friday, December 5, 1986
While Vanunu has been unanimously
denounced as a traitor in Israel,
Israel's official policy of silence on the
case has shifted the onus from Vanunu
to the goverment.
EDWIN BLACK
.
• HARD CORNS
• SOFT CORNS
BACKGROUND
THURSDAYS
10:00-8:45
26400 West Twelve Mile Rood
Northeast corner of 12 Mile Et Northwestern Hwy.
THE DETROIT JEWISH NEWS
Special to The Jewish News
B
y now, it has been con-
firmed that Israel's
newsleaking nuclear
technician,
Mordechai
Vanunu, was enticed from
Great Britain to the south of
France by a chubby but at-
tractive blond named Cindy,
who was employed by the
Mossad. Vanunu was then
lured onto a yacht, which was
intercepted in international
waters by a Mossad cl vessel,
and brought back to Israel to
stand trial. But Israel's
destructive silence about its
legitimate law enforcement
activities has done more than
create confusion and embar-
rassment. It has now become
clear that in Israel, it is legal-
ly possible to disappear
without a trace.
Prior to beginning work at
the Dimona reactor in 1977
as a low-level technician,
Vanunu signed special securi-
ty agreements pursuant to
the Official Secrets Act. Once
Vanunu gathered photographs
of the nuclear facility and
agreed to peddle them to the
Sunday Times of London, he
committed a variety of high
security crimes. This report-
edly brought him under the
purview of Mossad, Israel's
secret service.
Under Israeli law, explains
Hebrew University criminal
law professor Dr. Mordechai
Kremnitzer, "Israeli security
agents possess an extra-
territorial power that has
nothing to do with extradi-
tion. If an Israeli citizen —
any citizen — has committed
offenses against the vital in-
terests of the state, say, hi-
jacking an Israeli plane, and
we can lay our hands on him,
he can be brought back to
Israel for criminal trial."
Normally, such an extra-
territorial act without the
benefit of extradition papers
might be considered illegal.
"But not when it is done by
official agents, performing
under orders," says Dr. Krem-
nitzer. "Under this doctrine,
kidnapping would be covered
[under Israeli law]."
Once taken into custody,
the defendant's right to a
lawyer and trial can be
substantially delayed. Two
relevant arrest provisions
apply. The first is the Powers
in Emergency Law [Arrests],
originally a British Man-
datory statute but revised in-
to Israeli law in 1979. Under
this act, Defense Minister
Yitzhak Rabin, acting under
reasonable cause, has the
power to "order administra-
tive detention for a period of
time not to exceed six
months, so long as the ac-
cused is brought before a pre-
siding judge of the district
criminal court within 48
hours," explains Dr.
Kremnitzer.
The judge must be shown
the evidence justifying the
detention, but there is no re-
quirement that the accused
be presented with the evi-
dence or represented by an at-
torney. Administrative deten-
tion without charge or trial
can be renewed by a judge
every six months.
Actually, most democratic
nations maintain such laws.
In America, the laws permit-
ting the concentration of
Japanese during World War
II were not repealed until the
1970's; a host of other sedi-
tion and special incarceration
statutes arising out of the
World War II era remain on
America's books. In Britain,
internment laws during the
1970's permitted suspects in
Northern Ireland to be ar-
rested and detained without
trial.
Israel has until now applied
"administrative detention
laws" almost exclusively to
Arab terrorists. But the
Vanunu case has proved that
such laws are applicable to
Israeli citizens as well.
The second possible arrest
venue is the "state security"
provisions of the ordinary
penal code. Section 125 allows
a suspect to be denied access
to a judge and a lawyer for up
to 15 days. Israeli officials
have refused to indicate
which law Vanunu was ar-
rested under, but it has been
learned that if Vanunu was
arrested aboard a yacht in in-
ternational waters, it was
under penal code section 125.
Regardless of which arrest
provision is used, the arrest
itself becomes a state secret.
In other words, a suspect
might not only disappear, few
if anyone might discover that
he was sitting in an Israeli
jail — the very situation sur-
rounding Vanunu's arrest.
The rationale is that it
might compromise state se-
curity to acknowledge what
covert actions a person was
engaged in or where he was
when he committed the of-
fense, especially for a state
such as Israel which has an