Torture, Israel, and Us

Ok, terrorism means to scare us as much as possible. The true problem lies in how we deal with our fears. George W. Bush got the Democratic Congress to approve more warrantless wiretaps. I say that shows the terrorists have scared us. So does the Vice President's defending torture, so is Gitmore.

So how do we compare with a country that deals with terrorists on a daily basis on its own territory?

In Israel, even noncitizens captured outside the country and designated unlawful combatants are entitled to due process in Israeli civilian courts. They are guaranteed judicial review of their detention within 14 days of capture. They are guaranteed the services of a lawyer no later than 34 days after capture. And they are guaranteed a review of their detention by an Israeli district court judge every six months thereafter. If an unlawful combatant is captured in the occupied territories of the West Bank, the case proceeds through Israeli military courts, with similar guarantees of judicial review and legal representation.

The Israeli system is not without critics. Advocates of civil liberties there point to procedures that allow a judge to review evidence introduced by the government that the defense has not seen or been allowed to rebut. And detainee advocates, such as the Israeli group HaMoked, suggest that the government enjoys an overwhelming advantage, as evidenced by the relatively few detentions that have been forbidden by judges. According to its Web site, the group challenged 142 detentions in 2004; 11 of those challenges prevailed.

That is from The Washington Post editorial Israel's Example Fighting terrorism without sacrificing due process. Worth reading in full.