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A Reexamination of Administrative Detention in a Jewish and Democratic State Elad Gil Supervised by Mordechai Kremnitzer The Emergency Powers ( Detention ) Act – 1979 ( hereafter : the Detention Act ) grants the Minister of Defense the authority to detain an individual without trial in order to protect state security and public safety . A detention order may be issued for periods of up to six months , and consecutive orders make it possible to incarcerate a person for many years ( theoretically , for an indefinite period ) without having been convicted of a criminal act . Despite its worthwhile objective , the Act severely infringes the basic tenets of reasonable judicial process as it enables the state to deprive individuals of their freedom and dignity by removing all the guarantees of a fair trial that are recognized under criminal law . In its present form , the Act does not allow prisoners – indeed – to know the reasons that led to their detention . Moreover , it does not allow th...
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