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HCJ 5100/94 - Public Committee Against Torture in Israel et al. v. Government of Israel et al. Judgment
Judgment | 5100/94 | 6.9.1999

The HCJ ruled that the Israel Security Agency [ISA, formerly known as GSS] was not authorized to employ physical means of pressure during an interrogation of a person suspected of violent activity against the state. The HCJ banned the use of various torture methods such as "shaking", holding in the "shabah" position and "frog crouch". It further ruled that the “necessity” exception in the Penal Law does not authorize the use of such interrogation methods, but can be open to interrogators indicted for using them if the circumstances of the case meet the requirements of the exception. It was ruled that a reasonable interrogation is one without torture, cruel or inhuman or humiliating treatment of the interrogee.

The Court rejected an application under the Contempt of Court Ordinance in the petition against the ISA's use of torture in interrogations: the application was submitted by HaMoked: Center for the Defence of the Individual, the Association for Civil Rights in Israel and the Public Committee against Torture in Israel
Torture: Following a petition filed by HaMoked, B’Tselem, the Public Committee Against Torture in Israel and Physicians for Human Rights-Israel to the High Court of Justice demanding to stop the use of torture in the interrogation of a Palestinian detainee, the State Attorney's Office announced that according to the General Security Service, there was no intention to use physical measures in th...
HaMoked to the Deputy State Attorney: repeated complaints of the use of inappropriate interrogation methods by the ISA should be examined and investigated (02) 627 1698   (02) 627 6317

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