Israeli Torture: Accountability Denied
- PACTI's Petition for Mahmoud Sweiti
12 Feb 2012By Stephen
Lendman
The Public Committee Against Torture in Israel (PACTI)
"believes that torture and ill-treatment of any kind
and under all circumstances is incompatible with the
moral values of democracy and the rule of law."
Yet it's systematically practiced by Israel's Police,
Israel Securities Authority (ISA), Israeli Prison
Service (IPS), and Israeli Defense Forces (IDF).
An earlier 2009 PACTI report discussed the practice
and systematic disregard of hundreds of complaints
filed from 2001 - 2009.
A new January report updates the earlier one, titled,
"Accountability Still Denied," saying:
No investigations followed over 700 earlier complaints
filed. Israel whitewashed and forgot them for two
reasons: "either denial or justification under the
necessity defense doctrine," even though international
law prohibits torture at all times, under all
circumstances, with no allowed exceptions.
No matter. Lies substitute for truth, full disclosure
and justice. They're not in Israel's vocabulary.
Instead, statements like: "There is no basis for your
complaint" are common.
Brutality against and justice denied Jihad Mughrabi
was typical. In his sworn affidavit, he said:
"I tried to cover my face in order to protect it from
their blows. They struck me with their fists and
kicked me in the legs. I was lying on my side covering
my face with my hands and arms."
"They also struck me with their guns, with the butts
of their guns with the wide back portion of the gun.
They used the guns in this way to strike my head and
not my body. At times I felt very faint. They saw I
was fainting all the time. I felt I lost
consciousness."
"I was bleeding profusely from the head, and also from
my mouth. There were cuts on my face as a result of
their punches. For the first few days afterwards, I
could not swallow because of the pain."
Three years later, forensic experts said "Mughrabi
suffers from chronic pain and major depression as a
result of the alleged abuse."
Over two and a half years after a second complaint on
his behalf, Israeli's legal authorities lied, saying:
"The inquiry shows clearly that the complainant was
the one who violently attacked the security personnel
of the ISA....Your detailed complaint and the
complainant's account of events....are
inconsistent....and should therefore be rejected."
No documentation accompanies these type responses. As
a result, systematic coverup and lies are compounded.
Victims bear the burden of proof. Their version of
events are denied. Absent independent inquiries,
justice nearly always is denied.
Nonetheless, pursuing all possible avenues, PACTI
filed five High Court of Justice petitions on behalf
of 26 victims. Each endured especially harrowing
physical and psychological torture and/or ill
treatment in the course of Israeli Security Authority
(ISA) interrogations.
A core effort involves a February 2011 petition. It
challenges the Attorney General's (AG) comprehensive
referral of torture complaints to the Inspector of
Interrogee Complaints (IIC - an ISA agent). Its
arguments are as follows:
(1) By law, the AG must refer all torture complaints
to proper authorities.
(2) Requiring additional corroborating evidence
assures whitewash. Physical and psychological scars
aren't enough. As a result, torture nearly always
becomes an "evidence free" crime, excluding the
possibility of justice.
(3) AG actions violate the responsibility to
investigate all torture complaints, as established
under international law.
"Necessity defense" justification accounts for about
15% of PACTI complaints since 2003. The landmark High
Court 1999 ruling banning most torture methods
determined that "necessity" doesn't constitute
sweeping a priori authorization for "physical"
interrogations.
At the same time, it established a huge loophole,
empowering the AG to devise guidelines for treating
"ticking bomb" cases.
In other words, extremis exceptions lie in the eyes of
beholders to define as they wish. As a result, torture
and ill-treatment got de facto approval even though
international law is firm. Israel circumvents it and
its own. The most egregious practices follow.
PACTI says necessity doesn't abrogate Israel's
obligation to investigate when reasonable grounds cite
torture.
PACTI's Petition for Mahmoud Sweiti
On February 15, PACTI petitioned on his behalf. The
case involved ISA agents admitting they acted contrary
to approved procedures by staging a hoax to extract a
confession. Sweiti was told his wife and father were
detained.
Then AG Raz Nizri told PACTI:
"As a rule, in a situation when a family member of the
detainee is not in detention, and there is no legal
reason to detain him or her, it is not appropriate to
make the interrogee believe the family member is under
detention."
As a result of subjecting him to extreme psychological
pressure, Sweiti made repeated attempts on his own
life. Psychological evaluation determined he suffered
severe emotional harm.
In response to the High Court Petition on his behalf,
Israel disputes PACTI's demands for a criminal
investigation. It argued the complaint should have
been requested initially.
"Sweiti's case shows even when ISA admits using
illegal interrogation methods under international law,
Israel denies proper investigations to determine
evidence of fault."
Shifts in Policy?
PACTI hoped possible changes might come in how
interrogee complaints are examined. For example, in
November 2010, Israel's AG announced plans to shift
ICC responsibility from the ISA to Justice Ministry.
Nonetheless, he left critical issues unaddressed.
Since April 2011, PACTI fruitlessly sought documents
not provided. It wanted details on a possible policy
shift. Finally, in late October, proposed plans were
confirmed but not implemented. It suggests cosmetic
ones only coming, not real accountability.
"To this day, the official charged with examining
complaints of torture against his own colleagues in
the ISA continues to deem these unworthy of criminal
investigation, with the unquestioning endorsement of
the Israeli legal authorities including the Attorney
General."
The clearest information on Israel's ISA
accountability comes from Deputy State Prosecutor Shai
Nitzan's testimony before the Turkel Commission. It
was established to whitewash the May 31, 2010 Mavi
Marmara massacre.
Defending current practices, he dismissed complainants
as "interested parties (with a) basic resentment
against the State of Israel." As a result, they stand
to benefit from submitting "frivolous" complaints.
He also claimed "many times those who file complaints
are interrogees who confessed during interrogation to
committing security offenses against the State of
Israel."
His attitude displayed dismissive arrogance. His
rationale failed to address key issues. First,
preliminary inquiries can't, under Israeli law,
comprehensively replace criminal investigations and
don't fulfill international standards.
Second, legitimate complaints can't be dismissed for
lack of witness confirmation to interrogation torture.
Finally, while torture and other ill-treatment don't
always leave wounds or other visible proof, PACTI
research shows Israeli medical personnel failed to
adequately document and report practices. Moreover,
authorities prohibited independent medical evaluations
until lesions healed.
ISA interrogations are exempt from audio or visual
documentation. Detainees are held incommunicado for
long periods. A culture of lies and coverup follows.
Torturers are unaccountable. As a result, Nitzan's
explanation is "entirely unacceptable."
A Final Comment
Israeli policy makers know what's going on and
protections in place for ISA torturers. Nonetheless,
expect cosmetic measures at best ahead addressing
them. Safeguards with teeth won't be included.
Israeli law enforcement officials spurn international
law obligations. Sunshine's the best way to expose
them. Perhaps change will eventually follow.
Israel's had impunity for decades. It's long past time
that ended. Pressure alone may succeed. It's vital to
sustain it unflaggingly until what can't be tolerated
ends.
Stephen Lendman lives in Chicago and can be
reached at lendmanstephen@sbcglobal.net. Also visit
his blog site at sjlendman.blogspot.com and listen to
cutting-edge discussions with distinguished guests on
the Progressive Radio News Hour on the Progressive
Radio Network Thursdays at 10AM US Central time and
Saturdays and Sundays at noon. All programs are
archived for easy listening.
http://www.progressiveradionetwork.com/the-progressive-news-hour/.
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