שתףThe precedent setting High Court of Justice ruling of September 1999 which prohibited the use of several forms of torture, left significant gaps that have allowed for the perpetuation of torture and ill-treatment in GSS interrogations. The primary opening is the "necessity defense" which, under certain circumstances, exempts interrogators who employ illegal interrogation techniques, including physical violence, from criminal responsibility.
When an interrogee complains of torture, the Attorney General orders an initial investigation of the complaint to clarify whether the case fits the "necessity defense" which exempts the interrogator of responsibility. As of now, initial internal investigations have prevented thorough, independent investigations of all the complaints PCATI has submitted on behalf of interrogees.
Sworn affidavits of Palestinians who underwent interrogation since the above ruling reveal that the license given by the Court to GSS interrogators to employ their independent discretion in certain cases has allowed them to continue employing violent methods of interrogation.
The GSS and its high ranking officials have not succeeded in renouncing the concept that the most effective way to obtain confessions or information is through psychological and physical suffering, exhaustion and degradation. As a result, the protection the High Court of Justice wanted to grant Palestinian interrogees has been rendered ineffective.
The reports published by PCATI since the 1999 ruling have revealed the following:
1. Many Palestinians who undergo interrogation by the GSS are exposed to torture and ill treatment.
2. The ill treatment of Palestinian detainees begins with the denial of their right to contact with the outside world, particularly with attorneys and family members, often for extended periods of time.
3. Torture and ill treatment include:
- Routine methods such as sleep prevention, binding to a chair in painful positions, beatings, slapping, kicking, threats, verbal abuse and degradation.
- Special methods such as bending the body into painful positions, manacling from behind for long periods of time, intentional tightening of handcuffs, stepping on manacles, the application of pressure on various parts of the body, forcing the interrogee to crouch in a frog-like position ("kambaz"), choking, shaking and other violent and degrading acts (hair-pulling, spitting etc.).
- Torture and ill-treatment in solitary confinement including sleep prevention, exposure to extreme heat and cold, permanent exposure to artificial light, detention in sub-standard conditions that are contrary to the basic standards set by the UN (including cells with roaches, mice, sub-standard hygienic conditions, proximity between food and a hole used as a toilet, lack of hot water, prevention of a change of clothes, and constant artificial light).
- Various forms of psychological torture such as threats and exploitation of family members.
A major issue PCATI faces is the treatment of complaints concerning torture and CIDT. Complaints are transferred by the Attorney General to a GSS official who works in the Ministry of Justice ("Mavtan" – the Official in Charge of Investigating Detainees' Complaints). The GSS official is responsible for investigating both his GSS colleagues and the detainee who registered the complaint. The conflict of interests in this matter is clear and as a result, not one GSS interrogator has been criminally charged in recent years following complaints handled by the Mavtan. This fact is outrageous, particularly in view of the large number of complaints that were submitted to the authorities and in consideration of the physical and psychological injuries sustained by persons interrogated by the GSS.
Reports published by PCATI in recent years point to the fact that torture and ill treatment during interrogation continue to exist in Israel in GSS interrogation units, and in the Police and the Israeli army.
The report “Family Matters, Using Family Members to Pressure Detainees", published in April 2008, focuses on a previously unknown and illegal form of ill treatment. This method involves the exploitation of a detainee’s family members in for the purpose of forcing him to confess to deeds he is accused of committing. This is a genuine form of psychological torture that at times is far more severe that the physical methods used against most interrogees. This form of psychological torture includes threats against family members, sometimes even orchestrating a false presentation of a family member’s detention or ill treatment. This tricks the detainee and often causes great emotional distress. In most cases, the family members who are exploited in this way are not suspects themselves. The report was discussed at the Knesset Constitution, Law and Justice committee on the day that it was launched (13 April 2008). At the meeting, GSS representatives admitted that in at least one of the cases detailed in the report (the case of Mohammad Sweiti), illegal exploitation of family took place. The GSS was asked by the Committee's Chairman to submit its response concerning the other cases raised in the report. A petition filed on this issue to the High Court of Justice is still pending.
The June 2008 report “No Defense: Soldier Violence against Palestinian Detainees” exposes the widespread phenomenon of violence by Israeli soldiers against bound Palestinian detainees, who no longer present a danger to the soldiers. It appears that the IDF has no set regulations regarding the treatment of detainees following their arrest and until their transfer into the hands of prison or interrogating authorities. Soldiers in the field and in temporary detention facilities act as they please. This phenomenon is exacerbated by the almost absolute indifference of the authorities and a weak law enforcement system which rarely investigates complaints or brings perpetrators to justice. This futile system includes most of the military authorities, the Ministry and Minister of Defense, the Knesset and the State Comptroller. The report includes various recommendations aimed at the eradication of this phenomenon.
