imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
Features
latest news
best of news
syndication
commentary


KILLRADIO

VozMob

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List




IMC Network:

Original Cities

www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities

www.indymedia.org africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

Israel's Proposed Counterterrorism Law

by Stephen Lendman Friday, Sep. 02, 2011 at 9:44 PM
lendmanstephen@sbcglobal.net

police state

Israel's Proposed Counterterrorism Law - by Stephen Lendman

In recent years, the Association for Civil Rights in Israel (ACRI) increasingly warned about infringements of democratic freedoms in Israel.

Major concerns involve undermining free expression, human dignity, equality, pluralism, freedom of assembly and right to protest, and whether certain positions can be declared illegitimate, despite the democratic right of anyone to profess them.

Another major concern is Israel's proposed counterterrorism law. On August 3, it passed its first Knesset reading. It proposes to make current "state of emergency" measures against terrorism permanent law, including administrative detentions, control orders, and broad definitions of "terrorism" and "terror organizations."

The law smacks of police state justice that should worry dwindling numbers of less extreme MKs and all Israelis. Of course, Palestinians and Israeli Arabs already experience Israeli terror. Perhaps Jews will soon learn firsthand how unjustly repressive.

According to ACRI attorney Lila Margalit:

"(T)he bill includes elements that may lead law-abiding individuals and organizations to be deemed as 'terrorists.' (It) grants the State draconian and unchecked authority to take extreme measures against individuals and organizations without due process, on the basis of suspicion alone, without guaranteeing the minimal right of self-defense in court. The bill therefore provides a huge opening for the State to intervene in the public debate and to limit freedom of assembly and freedom of movement."

It also endangers free expression without which all other rights are at risk. If passed, the bill will legitimize police state justice, rendering anyone vulnerable to be judged guilty by accusation.

It's the same slippery slope America headed down post/9/11. In numerous ways, Israel replicated it. This law will add another nail in the coffin of a free society, leaving everyone unsafe - uncertain whether midnight justice will leave them isolated in detention, awaiting harsh rulings to keep them there for exercising rights they've now lost.

Israel's 2011 Counterterrorism Law (CL)

ACRI explained its provisions, subject to debate and amendments, including:

(1) Administrative Detentions and Control Orders

They let authorities arrest and detain individuals indefinitely without charge, based on secret withheld evidence. Obama made if official policy in America. Yet under US, Israeli and international law, it's illegal, deplorable, and an affront to democratic principles.

Under Israel's Basic Law: Human Dignity and Liberty, it's flagrantly illegal, violating the law's limitation clause - "namely, it is not consistent with the values of the State of Israel, and does not make use of the principle of proportionality."

Moreover, it's justified on alleged or concocted evidence, previous activities or motives. Yet due process is denied because no proof is needed. In other words, administrative detentions are police state measures used to imprison individuals without evidence or legal justification.

(2) Secret Evidence

CL institutionalizes widespread, routine use against any designated individuals or groups, without minimal discovery requirements to assure due process, and without considering alternate ways to prevent civil and human rights violations.

It's kangaroo court despotism at its worst, abolishing due process and ability of anyone to contest false charges. "There is no more serious injury to due process than to deny a suspect the opportunity to confront his accusers and to respond to the charges leveled against him."

Using likely fabricated charges based on secret evidence, justice is impossible. Abuse of power, gross discrimination, and political targeting assure innocent people will be unjustly punished.

(3) Vague, Overly Broad Definitions of Terrorism, Terrorist Organizations, and Members of Such Groups

CL ill-defines the terms "terrorist act," "terrorist organization," and "member of a terrorist group," effectively declaring those charged guilty by accusation, no evidence needed. That's despotism.

For example, under Article 2, "a member of a terrorist group" includes anyone who allegedly intends to become a member, without evidence to prove it.

Moreover, suspects bear the burden of proof they can't contest without knowledge of alleged evidence against them. Criminalizing individuals indiscriminately is political persecution against which they have no defense.

In addition, charges based on alleged intentions to join a terrorist group may either be false or misjudged verbally stated views. For example, opposing state policies constitutes free thought, opinion or expression, not malice aforethought to commit crimes.

(4) Legalizing Draconian Practices

Under temporary security order authority, suspects may be detained up to 96 hours for interrogations without judicial permission, based on the notion that interrupting questioning may compromise or undermine investigations.

Under current law, security suspects may be denied access to counsel up to 21 days, an intolerable practice but it exists. Removing judicial oversight means they can undergo lengthy draconian interrogations with no protections whatever against torture and other forms of abuse.

As a result, false confessions may be obtained to convict innocent people, what Palestinians commonly face, they, too, judged guilty by accusation, even children for alleged stone-throwing. They're imprisoned for it unjustly even if entirely innocent. And if guilty, they deserve no more than reprimands.

(5) Violating Free Expression

For example, Article 27 imposes three year prison terms for anyone "whose actions express solidarity or identification with (an alleged) terrorist group, including through publication of praise, support or sympathy for a terrorist group, waving its flag, display or publication of one of its symbols, or displaying, playing, or publicizing one of its slogans or anthems, if such an expression is made in public."

In other words, freely expressed views become crimes, even alleged support for wrongly designated terrorist groups.

(6) Re-Writing Criminal Law

CL establishes new rules contradicting fundamental criminal law principles. For example, Article 47 permits hearsay exceptions, letting a suspect's alleged statement(s) be submitted as evidence, even if he or she isn't present in court because they reside outside Israel or aren't available for other reasons.

Although CL prohibits convictions this way, it permits hearsay used as corroborating evidence. Note also that most Israeli security cases rely largely on confessions extracted under torture, making them illegitimate in due process proceedings. But not in Israel where it's common practice against Palestinians. CL will allow it against Jews.

In addition, it equates alleged intent with actually committing a crime, imposing the same liability on both in violation of accepted criminal law tenets.

CL's provisions thus "turn law-abiding citizens and organizations (with no connections whatsoever to violent acts) into 'terrorists' " because Israel says so. It also authorizes unchecked, draconian executive powers, based on alleged suspicions, not hard evidence, leaving suspects unable to defend themselves.

As a result, CL effectively annuls due process/judicial fairness protections, leaving everyone potentially vulnerable to police state justice, that, of course, means none whatsoever.

Israel's extremist right-wing Knesset very likely will pass what no legitimate democracy would tolerate. In Israel and America, it's common practice, filling prison cells with innocent victims unjustly.

Against Muslims, Blacks and Latinos in America, as well as Palestinians in Israel, it goes unnoticed. When everyone in both countries is vulnerable, perhaps public awareness will take note and act. The alternative is too dire to imagine, but it's coming unless public outrage prevents it.

Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net.

Also visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.

http://www.progressiveradionetwork.com/the-progressive-news-hour/.

Report this post as:

Local News

GUIDE TO REBEL CITY LOS ANGELES AVAILABLE A12 5:39PM

lausd whistle blower A10 11:58PM

Website Upgrade A10 3:02AM

Help KCET and UCLA identify 60s-70s Chicano images A04 1:02PM

UCLA Luskin: Casting Youth Justice in a Different Light A02 11:58AM

Change Links April 2018 A01 11:27AM

Nuclear Shutdown News March 2018 M31 6:57PM

Join The Protest Rally in Glendale on April 10, 2018! M29 7:00PM

Join The Protest Rally in Glendale on April 10, 2018! M29 6:38PM

Spring 2018 National Immigrant Solidarity Network News Alert! M19 2:02PM

Anti-Eviction Mapping Project Shows Shocking Eviction Trends in L.A. M16 5:40PM

Steve Mnuchin video at UCLA released M15 12:34AM

Actress and Philanthropist Tanna Frederick Hosts Project Save Our Surf Beach Clean Ups M06 12:10PM

After Being Told He's 'Full of Sh*t' at School Event, Mnuchin Demands UCLA Suppress Video M02 11:44AM

Resolution of the Rent Strike in Boyle Heights M01 6:28PM

What Big Brother Knows About You and What You Can Do About It M01 3:30PM

Step Up As LAPD Chief Charlie Beck Steps Down F14 2:44PM

Our House Grief Support Center Hosts 9th Annual Run For Hope, April 29 F13 12:51PM

Don’t let this LA County Probation Department overhaul proposal sit on the shelf F13 11:04AM

Echo Park Residents Sue LA Over Controversial Development F12 8:51AM

Former Signal Hill police officer pleads guilty in road-rage incident in Irvine F09 10:25PM

Calif. Police Accused of 'Collusion' With Neo-Nazis After Release of Court Documents F09 7:14PM

Center for the Study of Political Graphics exhibit on Police Abuse posters F07 9:50AM

City Agrees to Settle Lawsuit Claiming Pasadena Police Officer Had His Sister Falsely Arre F04 3:17PM

Professor's Study Highlights Health Risks of Urban Oil Drilling F04 12:42PM

Claims paid involving Pasadena Police Department 2014 to present F04 10:52AM

Pasadenans - get your license plate reader records from police F03 11:11PM

LA Times Homicide Report F03 1:57PM

More Local News...

Other/Breaking News

Architect Stephen Francis Jones A24 3:01PM

UN Forum Wrestles with Economic Policies 10 Years After Financial Crisis Islands Call for A24 12:34PM

Xyloglossie attitudinale A23 8:07AM

Shadowgun Legends Hack and Cheats A23 7:24AM

What does the Quran Say About Islamic Dress?? A21 4:15PM

Biodiversité ou la nature privatisée A20 11:22AM

The Market is a Universal Totalitarian Religion A20 7:14AM

Book Available about Hispanics and US Civil War by National Park Service A19 5:52PM

The Shortwave Report 04/20/18 Listen Globally! A19 4:01PM

The Republican 'Prolife' Party Is the Party of War, Execution, and Bear Cub Murder A19 11:48AM

Neurogenèse involutive A18 9:21AM

Paraphysique de la dictature étatique A16 10:13AM

Book Review: "The New Bonapartists" A16 3:45AM

The West Must Take the First Steps to Russia A14 12:25PM

Théorie générale de la révolution ou hommage à feu Mikhaïl Bakounine A14 3:30AM

The Shortwave Report 04/13/18 Listen Globally! A12 3:50PM

“Lost in a Dream” Singing Competition Winner to Be Chosen on April 15 for ,000 Prize! A12 3:48PM

The World Dependent on Central Banks A12 4:43AM

Ohio Governor Race: Dennis Kucinich & Richard Cordray Run Against Mike DeWine A11 9:40PM

March 2018 Honduras Coup Again Update A10 10:52PM

Apologie du zadisme insurrectionnel A10 3:33PM

ICE contract with license plate reader company A10 1:14PM

Palimpseste sisyphéen A09 11:23PM

Black Portraiture(S) IV: The Color of Silence...Cuba No...Cambridge Yes A09 5:32AM

Prohibiting Micro-Second Betting on the Exchanges A09 4:18AM

Prosecutors treat Muslims harsher than non-Muslims for the same crimes A08 10:33PM

Amy Goodman interview on cell phone safety A08 10:29PM

Mesa, Arizona police officer kills unarmed white man A08 9:50PM

More Breaking News...
© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy