The Public Committee Against Torture in Israel et al. v. The Attorney General Petition for Granting of order nisi(HCJ 1265/11)

14.02.2011

This petition deals with the Attorney General’s complete abstention from ordering the opening of criminal investigations against GSS interrogators suspected of torture and/or cruel, inhuman or degrading treatment (hereinafter: “ill-treatment”) of interrogees. The complaint examination mechanism initiated by the Respondent, and for which he is responsible, has brought about the comprehensive closing of hundreds of complaints, with no criminal investigation, indictment or standing trial. The Respondent’s conduct, his manner of checking the complaints, and the absolute impunity which he grants GSS interrogators from criminal investigation or from standing trial – together with a series of other legal means – enable the absolute lack of oversight of the happenings within GSS interrogation rooms. All of this creates an unconditional legal defense for GSS interrogators. 

Update: HCJ: AG not obliged to institute criminal investigations into every prima facie torture complaint; Critiques mechanism (PCATI press release 6.8.12)

The Supreme Court's decision (English)-Translation from the website of HaMoked: Center for the Defence of the Individual

petition ordinal number: 
1265/11
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High Court of Justice Petition on Impunity_English.pdf428.45 KB