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1994 PRIZM LSi
$269mrsigRETAE
Stk. 1654
• AM/FM Stereo Cassette
• Power Steering
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• Power Door Locks
• Front/Rear Mats
• Air Conditioning
•
•
•
•
•
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Anti-Lock Brakes
Automatic
Electric Defogger
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Remote Trunk Release
1.6L MFI L4 Engine
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ORCHARD LAKE RD.
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The administrative detention
of a number of Kach members
is another measure that has fo-
cused attention on the differ-
ence — till now, at least —
between the treatment meted
out to Jews and Arabs in the
territories. This measure, which
boils down to the selective sus-
pension of habeas corpus, is
clearly not one of the more glo-
rious features of Israeli democ-
racy and has long been decried
by civil libertarians.
"Since no charges are
brought against the detainee,
and no evidence is made avail-
able to his lawyer, it is not even
clear that an offense has been
committed," said Hebrew Uni-
versity law professor Ruth Gav-
ison, chairman of the
Association of Civil Rights in Is-
rael. "It is a very dangerous way
of denying people their liberty,
since it reverses the standard
rules and places the burden of
proof on the detainee."
In short, rather than being
innocent until proven guilty, a
citizen placed in administrative
detention must prove, without
even knowing what he is ac-
cused of, that he has done no
wrong.
Applied very sparingly in Is-
rael (one of the few recipients
having been Rabbi Meir Ka-
hane), administrative detention
orders can be issued only by the
minister of defense, must be re-
viewed by the president of a
District Court, and can be ap-
pealed to the Supreme Court.
"An Arab who
carries a weapon
is a terrorist.
A Jew who has a
gun is defending his
life and is allowed
to shoot."
Brig. Gen. Shaul Mofaz
But the rules are radically
different in the occupied terri-
tories, where such orders are is-
sued by regional military
commanders and can be ap-
pealed only to military review
boards. And because of the con-
venience of resorting to the
measure, since 1967 hundreds
of Palestinians — including
such luminaries as Feisal al-
Husseini and Sari Musseibeh
— have been held in adminis-
tration detention, for one peri-
od or another, without any
outcry from the Israeli public.
In the case of the Kach and
Kahane Chai members living
in the territories, however, the
Israeli has government decid-
ed to give the principle of
"territoriality" preference over
citizenship and has placed set-
tlers in detention under the
same terms as Palestinians.
"If my son has committed a
crime or taken part in an un-
lawful action, let him be
brought before a court and
charged.. Nowhere in the world
could such an action on the part
of a government be acceptable
in the name of justice," wrote
Evelyn Lourie, the mother of
Ayal Moked, a 23-year-old res-
ident of Hebron.
But it was the banning of the
two groups of Rabbi Meir Ka-
hane's disciples that has met
with the greatest criticism, es-
pecially from circles on the
right. Much of it was initially
subdued, with Likud chairman
Benyamin Netanyahu agreeing
that all "movements that en-
gage in violence should be made
illegal" — while adding that "if
Kahane Chai and Kach are
banned, the activities of the var-
ious PLO factions...should not
be permitted." (Since the
amendment of Israel's Anti-Ter-
rorism Law last year, the PLO
is no longer classified as a ter-
rorist organization.)
Knesset member Shaul Ya-
halom of the National Religious
Party even expressed support
for the government's move on
the grounds that "the lovers of
Eretz Yisrael must take pains
[to ensure] that their camp re-
mains pure and moral."
All the parties in the oppp-
sition (with the exception of the
Orthodox factions) joined the
Yesha Council of Jewish Com-
munities in Judea, Samaria
and Gaza in sponsoring a mass
demonstration to "end the per-
secution of Jews by totalitarian
methods."
"At the same time that Israel
recognizes and legitimizes the
PLO terrorist organization,"
complained Yesha Council
spokesman Yehuda Harel bit-
terly, "it suppresses Jewish or-
ganizations — albeit extremist
and reprehensible — and thus
manifests the new spirit of the
country that is expressed, above
all, in the 'astonishment' that
one does not shoot at Jews as
one does at Arabs."
And so, quite unexpectedly,
a long overdue debate has been
sparked about whether Jews
and Arabs should be treated ac-
cording to separate standards
— and, if so, whether that
doesn't make Israel a racist so-
ciety.
This is no marginal matter.
Regardless of whether the po 7
litical settlement of the Israeli-
Palestinian conflict ultimately
separates the two peoples into
distinct national entities, the
question of fundamental equal-
ity goes to the root of how Is-
raelis see themselves and relate
to the values of their democra-
cy.111