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Between 14 Mile & 15 Mile Gee 855.9700 HOURS: Mon. & Thurs. 8:30 a.m.-9 p.m., Tues., Wed., Fri. 8:30 a.m.-6 p.m. 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