Is Israel a democracy?
Op-ed: Administrative orders against settlers stain Israel’s reputation as democratic country
"No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land."
Written 800 years ago in the Magna Carta, this is one of primary foundations of every democratic country.
This week, Israeli security officials handed administrative orders to the heads of four families and eight students from Yitzhar, prohibiting them from living in Judea and Samaria for up to a year, or else they go to prison. As the area of Judea and Samaria is under military administration, authorities avoided normal legal procedures. No charges were filed, there were no indictments, no possibility of judicial review or appeal and no possibility of defending themselves in court.
The violation of such basic civil rights by the Israeli government stems from unique "emergency laws" enacted during the British Mandate. The abuse of these laws, according to legal experts, including former High Court justices, violates legal principles and is contrary to the essence of democracy and a democratic country. That the Attorney General, Yehuda Weinstein, allows such actions is a stain on the reputation of the State of Israel.
The fundamental principle of law is fairness. The state cannot infringe an individual's right to live in freedom and dignity. If a person is deprived of his rights, the state has to explain why and give the individual the right to contest any accusations made against him in a fair and impartial forum.
Put simply, can citizens of a democratic country who are suspected of a non-serious, non-violent crime be severely punished without any charges being filed in court, without knowing why they are being punished, without seeing the evidence against them, without a fair and impartial trial, and without a chance to defend themselves?
The author is a historian and journalist
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