Democracy II
60,000 (Sixty Thousand)

We are, as everyone says, the only "Democracy in the Middle East". There is no doubt that so far we are indeed the only democracy in this area. Still, we are a "Very Limited Democracy" make no mistake about it.

What is the connection between our Democracy and the number 60,000?

In the year of 2010, a total of 60,000 people were arrested in the State of Israel. In 2010 alone, 60,000 new indictments were served in the State of Israel. These numbers are nothing less than very frightening!

More numbers:

What does the number 150 mean to you? This is the number of days the Supreme Court can keep any citizen in prison without a trial. This would be somehow understandable due to our "special security needs", but it becomes extremely disproportional and disturbing when reading the law permitting the Supreme Court to extend this period of 150 days again and again indefinitely, without a trial.

And more numbers:

What about 24? This is the number of hours a police officer can leave you in prison without a trial, a pre-trial, and even worse, without seeing a lawyer! After this period of 24 hours you must be brought to a Judge and most probably the period will be extended.

The time spent in prison can be used for questioning, without a lawyer present, or wasted doing nothing. Do not expect a five star room in jail, but rather an overcrowded and even filthy cell.

Now imagine yourself arrested for some reason at 10 pm Thursday. The police will wait until the last moment; let`s say 9 pm Friday to bring you to a Judge. The courts are closed therefore you will be brought to a Judge on duty. He will love to extend that 24 hours. What if they release you because even the Judge understands there is no reason to keep you behind bars? As a religious person how do you cope with this embarrassment and observing Shabat?

You can always appeal:

Just kidding! You cannot always appeal. If the arrest was issued by the Appellate Court (Mehozi), you do not have the right to appeal. You can ask as a "special favor", but that`s it.

What about this number?

2 %: this is your chance to come out with a non-guilty verdict in a criminal case. This number is correct if you can afford representation by a good lawyer; otherwise the percentage is irrelevant.

Who said this and when?

"Stop attempting to harass the system" - "I would like to single out today what is going on in public discourse on the judicial system – discourse that in my eyes does not focus on things it should be focusing and is missing the opportunity to fix whatever needs to be fixed, and everything in order to harm the status quo rather than promote and improve it"

" … There is no room for the constant motivation by some of the members of Knesset and various public officials seeking ways to reduce the independence of the Supreme Court"

These words were said by the Chief Justice of the Israeli Supreme Court, Mrs. Dorit Beinish few months ago.

In other words, the Chief Justice is complaining about how our Parliament`s Representatives dare to criticize the Supreme Court? How do they dare ask to reduce the power of the Supreme Court?

In the Supreme Court’s eyes it does not matter that they were not elected by popular vote and the members of the Parliament were. It does not seem relevant that the Parliament has never passed any law providing the court the right to annul laws passed by the People`s Legitimate Representatives – The members of the Parliament.

We need more understanding of how a democracy works and we must not be afraid to say “enough is enough”.

Sincerely,
 

Tzvi Szajnbrum, Attorney at Law