toomuchtime_
Gold Member
- Dec 29, 2008
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No matter who made that claim it simply isn't true. What they are referring to is the fact that some detainees are not charged formally as criminals because the legal case would jeopardize national security. All western countries have different legal processes for dealing with such cases.Israel has been cited many times by organizations like Amnesty International for holding Palestinians without due process.
Administrative detainees in Israel do have due process in which they are represented by their attorneys and in which the state cannot continue to hold them unless it presents to the court that the individual cannot be charged or released without bringing unacceptable national security risks to the state. Legally the individual can be held for up to six months after the first hearing, but the courts usually require the state to present its case for continued detention every few weeks. The individual has the right to appeal the court's decision all the way up to the High Court of Justice.
This process clearly satisfies all the requirements of due process. The main complaint about this process is that the evidence presented is secret, but in all western democracies classified information used as evidence is always keep secret criminal trials.