Administrative seizure and judicial seizure and confronting Corona
By Ayman Ismail
There is no doubt that the executive authority is based in its work on the administrative and judicial police, The criterion for differentiating between the administrative and the judicial police is the occurrence of crime and damage to public order. The measures of the civil and security authorities to prevent crime and maintain public order fall under administrative control. The measures taken by the authorities to hold perpetrators of harmful acts accountable and to bring them to justice in due course are subject to judicial control.
Whereas the public order is three-dimensional in terms of composition: (General Security, public health, and public tranquility), Since the Corona dilemma is a pandemic that harms public health, all measures taken to control it and limit its spread are considered administrative control exercised by the executive authority, In Gaza, these measures included eight months of quarantine operations for travelers and goods in order to prevent the penetration of the virus into society.
Then what it is doing now in terms of curfews, quarantine for the injured, and separation of governorates and regions from each other, After the virus penetrated the wall and entered the Gaza community, As for the prosecution of uncontrolled persons who do not abide by the instructions of administrative control and the exploitation of conditions to achieve illicit gain through monopoly and non-compliance with the prices of goods approved by the Ministry of Economy, It falls under judicial control.
There is no doubt that administrative control procedures restrict the freedom of citizens, Therefore, they are taken in accordance with the prevention of damage and the protection of public order, It’s just that Thus, it is issued to the public, As for judicial control procedures, they fall on persons in particular, not in general. who causes damage to the system by non-compliance with the procedures, Whether by act or by omission (e.g. failure to report injuries).
What I wanted to reach, The administrative seizure procedures, judicial seizure and confronting Corona in general need several items:
1- The civil and security authorities know the exact limits of their powers, And use them without excess or negligence to achieve control.
2- Cooperation and mutual trust between citizens and government agencies, Away from the existing political division and catching mistakes, to get out of the tunnel with the least losses.
3. Legal proceedings, Referring violators to the prosecution and the judiciary achieves deterrence more than the use of a police stick. And if it must, “Gradualism” is one of the rules for the use of force.
4- Information is an essential component in the process of control and control, In terms of reporting and communicating information and instructions from the authorities to the public, In terms of demonstrating the deterrence of the penalties imposed on violators of the measures imposed with a view to achieving general deterrence, Other than showing the achievements of the entities in order to enhance trust between them and the public.
