Supreme Court - GSS Investigations & Physical Pressure

Ruling on September 6th 1999

9 Supreme Court Justices ruled unanimously that Israel's General Security Services (Shabaq) does not have the authority to use physical pressure or deprivation in interrogations under Israeli law. Irrespective of the limitations this poses on security investigations and the request for permission to use exceptional methods (not "torture") in cases of "necessity" (Penal Law, art 34 (11)); that the Basic Law: Human Dignity and Liberty protects security prisoners, as well as all citizens.

The Israeli Legislature - the Knesset - remains empowered to change the law regarding hostile activities to protect its citizens, but this ruling and that of January 1999 states that this might seriously compromise Israel's standing on issues of dignity, liberty, and ethics by granting legal supremacy to the policy-makers on issues of security and human rights.

This is, nevertheless, a change of tone from the [previous] Supreme Court's January 1999 ruling, allowing a Ministerial Committee's application to legislate towards: "securing the powers of interrogation of the GSS in its struggle against terrorism ... to avert ... danger ... [to] the nation's security".

Macro Issues

A1. Should we choose to protect individual and collective liberty, or do we accord priority to protecting certain especial interests at the cost of setting certain limitations on liberty of the public?
[Debate this separately by voting and/or hearing a speaker for & against the following issues:
free speech, freedom of association, freedom of demonstration... methods of prisoner investigation]
A2. Why do some democratic countries have libel laws, while the US does not? How do different countries see the picture and why?

B1. What is the UN Convention against Torture and does it allow for any form of physical pressure on any kind of prisoner (see Document links below)?
B2. Who has signed it - and what major countries have not ratified (or signed) it? What does this imply?

Micro Issues

C1. What legal options are left for special forms of investigation in cases of terrorist activity or threat to any state [under the UN Convention against Torture]?
C2. In what position does this leave Israel, and how can she ensure her security in situations of danger?

D1. Do you believe that Ehud Barak is any less or more concerned by the terrorist threat than preceding Prime Ministers [see documents below]?
D2. Has there been a change of direction, and if so, does it have anything to do with the change of government in Israel?

E1. What Israeli authority could decide whether or not there is a "necessity" for special forms of interrogation, under the Supreme Court's definition?
E2. What would be the criteria?
E3. Who would regulate it?
E4. How would such legislation tie in with the UN Convention against Torture?

Realistic Dilemma [hypothetical case]

Israel's security services have been on high alert following a warning about expected terror attacks in public places.

After a suicide-bomber incident in central Jerusalem today, which fortunately caused no fatalities, police helicopter pursuit lost track of a man fleeing the scene on foot as he got into a light brown car, but later picked up a similar abandoned vehicle in one of the eastern Jerusalem neighborhoods. The car was immediately traced to a resident in another area - where a small bomb factory was discovered; the owner was arrested, but is refusing to cooperate with GSS investigators.

The bombs in the factory are of the kind previously used in suicide bombings and the suspect is presumed to be linked to a well-organized network of suppliers, perpetrators and assistants and alternative terror cells through some of his contacts. The information he could provide may well save victims from a repeat attempt targeted at the Israeli public. The clock is ticking to the next attack.
* What can the GSS do right now to get that information?
* Where are the limits?
* Who makes the decisions?

Documents:

* UN Convention against Torture http://www.hrweb.org/legal/cat.html
See articles 1.1 and 2.2 & see "Signatories"

* PM Barak Comments on Terrorist Attacks and GSS Ruling http://www.mfa.gov.il/mfa/go.asp?MFAH0fqp0

* Supreme Court Judgment Concerning the Legality of the GSS' Interrogation Methods, September 6th, 1999 http://www.mfa.gov.il/mfa/go.asp?MFAH0foa0

* Special Powers of Interrogation of the GSS, January 1999 http://www.mfa.gov.il/mfa/go.asp?MFAH0dqt0

Issue Websites (Website listing does not imply any agreement with the views of their sponsors or authors)

* Human Rights website http://www.hrweb.org/
More Resources from http://www.hrweb.org/resource.html

* UN Covenant on Civil and Political Rights (Article #7) http://www.hrweb.org/legal/cpr.html#Article7

* Btselem: http://www.btselem.org/

* Institute for Counter-Terrorism at the Interdisciplinary Center, Herzlia http://www.ict.org.il/home.htm