One of the seven basic commandments, which apply to all human beings (the Seven Noahide Commandments), is the command to establish a legal system that ensures law and order and the administration of justice. A human society that does not have a proper legal and justice system will be a corrupt society, where tyranny and oppression reign.
Even a legal system does not necessarily guarantee the administration of justice. Not only because judges are also human, and their considerations may be tainted by ulterior motives.
A legal system, by its very existence, depends on the ability to provide proof and evidence against criminals, and sometimes these are careful and sophisticated, and they leave no traces or evidence behind them.
As a result, criminals are often arrested and the court orders their release, in the absence of evidence against them. The law enforcement agencies gnash their teeth, but these are the rules.
It is impossible to throw a person behind bars without due process and without a trial that examines evidence and proof.
The risk of heart failure
This adherence to evidence and proof sometimes seems petty, but it is what protects the freedom of citizens. Without it, law-abiding people could find themselves in prison cells simply because some police officer or investigator decided to arrest them.
Indeed, lawyers will be able to tell you how arbitrary arrests are during interrogation, when the police submit confidential material to the judge, and the suspect has no way to confront the suspicions against him and claim his innocence.
The state has nevertheless created a tool that will allow it to arrest terrorists who are likely to carry out serious attacks, even though not enough evidence has yet been collected to prosecute them. This is administrative detention, which authorizes the Minister of Defense to detain a person for a period of six months without trial or legal process, if there is a likelihood that the person is harming state security.
This tool must be used only in extreme cases, because it leaves a lot of room for researchers' arbitrariness.
There is no law, no trial, and the detainee has no opportunity to fight for his innocence. An interrogator can submit confidential materials as much as he wants, and a person will sit in prison for many months. And yet, when there is a real danger to public safety, it overrides a person's right to freedom.
appearance
However, in such cases, the public is required to remain vigilant.
Although we do not have the tools to examine whether there is a real danger posed by those administrative detainees, when the security establishment operates under media pressure, it is permissible to suspect its motives. A targeted arrest of a terrorist as part of ongoing security activity is not similar to arrests made following media frenzy.
We are allowed to fear that rather than there being a real security need here, there is a desire to please the media and present the appearance of action.
As of the time of writing, the investigation has not yet been able to prove that Jews committed the arson in the village of Duma, and it has no leads leading to the suspects in the act.
What could be simpler than detaining a few young people in administrative detention and waving it around in public?.
It is important and vital to prevent crimes of this type, but it is equally important and vital to protect the freedom of citizens and ensure that every person is entitled to a "fair trial.".
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