הוועד הציבורי נגד עינויים בישראל

The Public Committee Against Torture in Israel (PCATI) and the Movement for Freedom of Information appealed to the Jerusalem District Court:

The Ministry of Justice refuses to give us vital information concerning the handling of complaints of GSS interrogees

The Public Committee Against Torture in Israel (PCATI) and the Movement for Freedom of Information yesterday appealed to the Jerusalem District Court demanding to receive information regarding the handling of complaints filed by GSS (General Security Service) interrogees relating to ill treatment, torture and illegal forms of interrogation. The petition addresses the person responsible for the implementation of the Freedom of Information law at the Ministry of Justice and was submitted due to the fact that the Ministry of Justice failed to provide the above information for a lengthy period of time. (District Court petition number 8848/08).

The organizations demand that the Court order the provision of information concerning the following subjects: the number of cases that were not investigated by the Police Investigations Department and that were closed on the basis of the "necessity defense"; the manner in which the Official in Charge of Detainees Complaints (the "Mavtan") handles complaints of GSS interrogees and closes these files; complaints that were submitted to the Attorney General and have not (or not yet) been transferred to the Official in Charge of Detainees Complaints; information concerning meetings of the "Mavtan" with the complainants and the process by which he reports his findings to his supervisor at the State Attorney's office and/or to other officials; the directives regulating the powers of the Official in Charge of Detainees Complaints and the request to publish these directives.

The petition was filed because for a long period of time, requests sent by PCATI on the above subjects were not answered, and the replies that were received were of a general nature and did not relate to the principle information that had been requested. Information that was received reveals that out of 178 complaints submitted against GSS officials in the course of three years, not one was transferred for a criminal investigation, and that in only two cases was a disciplinary process initiated the results of which were not detailed.

The unexplained refusal to give the principle part of the information contradicts the principle of transparency that is a basic value in a democratic society. It is also contrary to the Freedom of Information law and to the rulings of the High Court of Justice. In refraining from providing the requested information, the Ministry of Justice has shown contempt for the rule of law by concealing the way it handles severe complaints relating human rights violations. This information is not classified or related to issues of security and there are, therefore, no grounds for keeping it away from the public view. This behavior makes it impossible to carry out an inquiry that would determine whether the system that examines complaints of GSS interrogees functions properly.

The petition was filed by PCATI Attorney Tahreer Atamaleh-Mahana.

Update: PCATI's Freedom of Information petition partially upheld: http://www.stoptorture.org.il/en/node/1400