Subscribe to Print Edition | Thu., November 09, 2006 Cheshvan 18, 5767 | | Israel Time: 17:58 (EST+6)
Haaretz israel news English
Search site 
  Back to Homepage
Print Edition
Diplomacy
Defense Opinion National Arts & Leisure Anglo File Sports Travel  
Magazine Week's End
Q&A
Business Underground Jewish World Real Estate Advertising  
Bookmark to del.icio.us
Attorney General Menachem Mazuz attending a Knesset session on June 9. (Daniel Bar-On / BauBau)
Last update - 07:37 08/11/2006
Attorney General receives 40 torture complaints in past year, investigates none
By Nir Hasson, Haaretz Correspondent

Twenty-four hours before the abduction of Corporal Gilad Shalit, Israel Defense Forces soldiers broke into the home of Mustafa Abu Ma'amar in Rafah. Special forces soldiers arrested him and his brother in their respective homes.

A few weeks later, Abu Ma'amar told an attorney for the Public Committee Against Torture: "One or two days later (I discovered afterward that it was the same morning the soldier had been kidnapped), three interrogators came to where I was held at 6 A.M. [approx. one hour after the abduction - N.H.]. They didn't ask me anything, just started kicking and hitting me while an interrogator named Moti grabbed me by the neck and throttled me until I thought I was going to die. The other two grabbed me and forcibly removed me."

The interrogators later used the "exercise technique," as Abu Ma'amar calls it. "They forced me to hold my legs to the chair legs, with the back of the chair to my right and nothing supporting my back. They pushed my back backwards and told me to 'exercise.' It made my stomach muscles cramp up and caused unbearable pain," Abu Ma'amar explained.

Advertisement

The interrogators asked about the tunnels that he had helped dig, "while cursing me and my mother and father and threatening to demolish my house if I didn't cooperate. They also told me they had arrested my brother and were torturing him."

The Shin Bet interrogators them told him to stand on his toes and then "bend my legs and bring the lower part of my body downward .... It's very difficult and painful. They forced me to stand like that for hours on end, and each time I brought my foot to the floor or moved up or down I got hit," Abu Ma'amar wrote in his statement.

Abu Ma'amar's statement is one of many complaints of torture made by Palestinian detainees against Shin Bet agents. The PCAT claims the security agency's techniques are creeping back toward those used before 1999, when the High Court of Justice banned torture.

In Abu Ma'amar's case, the Shin Bet might be able to claim that he was a clear case of a "ticking bomb," since according to his indictment he had a (very small) part in planning the abduction, and his interrogation might have helpful for locating Shalit. Abu Ma'amar claims his torture began before the abduction and continued after it was obvious he had no information about Shalit's location.

According to attorney Leah Tsemel, whose clients include Abu Ma'amar, Shin Bet agents use torture in about 20 percent of their cases. In the remainder, more sophisticated interrogation techniques are employed, involving use of stool pigeons, rewards and threats.

In the past year alone, about 40 allegations of serious torture of Palestinians have been submitted to Attorney General Menachem Mazuz. The Executive Director of PCAT, Hannah Friedman, stresses that the organization thoroughly examines the credibility of each complaint, often interviewing the detainees three times. Mazuz has not deemed any of the complaints as warranting a criminal investigation against the interrogators.

Each complaint is handled the same way. It is passed on to a Shin Bet employee who works in concert with the State Prosecutor's Office, and who eventually issues a letter stating that he met with both the detainee and the interrogators. After that, one of two possible responses to the complaint are issued.

The first is that the complaint was shown to be unsubstantiated. The second does not deny the facts of the case but justifies the actions with a standard formula: "An examination showed that Mr. ... was detained for questioning due to a serious suspicion, based on credible information, that he was ostensibly involved in or was an accessory to carrying out major terror activities that were liable to have been carried out in a very short time frame and which could have hurt or threatened human life." In plain English, a "ticking bomb."

PCAT officials say the Shin Bet should emulate the police and make the Justice Ministry's Police Investigations Department (PID) responsible for investigating its conduct, and are considering a High Court petition on the matter.

The Shin Bet confirmed that no criminal investigation has been launched against one of its agents for 18 months, but officials say that the complaints have resulted in disciplinary action against a number of agents.

Among the interrogation techniques described by recent detainees are being forced to maintain painful, cramped positions for long periods of time, positions whose regular use prior to 1999 earned them nicknames such as the "banana," "half-banana" and "frog." Detainees also complained about the use of painful wrist restraints, sleep deprivation and severe shaking as well as of being slapped and punched.

In one extreme case, a detainee claimed that an interrogator known to him as Captain Daniel used various objects to rape him anally while the detainee was in restraints.

The Shin Bet issued the following response, in part: "It is regrettable that the Public Committee Against Torture misses no opportunity to attack the Shin Bet's investigators, who work day and night to prevent terror and save lives, using claims that in most cases are baseless. Every complaint related to terror investigations is examined and checked thoroughly under the supervision of the State Prosecutor. In more than a few cases, the complaints submitted via the committee were not confirmed by those in whose names they were ostensibly submitted."

The attorney general's office responded as follows: "All complaints are examined very thoroughly by the [Shin Bet complaint handler] before being submitted, with no exceptions, to a thorough examination on the part of the senior prosecutor who is in charge of that handler. Some of the complaints are found to be baseless and others refer to events covered by the necessity defense. In certain cases, the examination leads to a change in procedures. In a few cases, when it is determined that a violation of procedures has taken place, a decision is taken to initiate a disciplinary or criminal procedure."

Bookmark to del.icio.us
A light unto the nations
Israeli scientists are exploring the use of highly concentrated light to fight tumors.
Rose of Sharon
Ramat Hasharon residents fear the effects of moving Israel Military Industries plants.
  1.   torture 05:06  |  Matt 08/11/06
  2.   SS IOF 05:07  |  Niva 08/11/06
  3.   GEEEE and u wonder why Palestinians dont recognize Israel... 05:35  |  MOE 08/11/06
  4.   So, let me get this right.... 06:32  |  Johnboy 08/11/06
  5.   More of the same ho humming 10:13  |  M Porter 08/11/06
  6.   Anyone surprised ?? 11:11  |  Swiss 08/11/06
  7.   Pal-Pakistani States NO Harm Was Done To Him 11:19  |  Joseph E . 08/11/06
  8.   Reality:immorality! 12:01  |  Tony Price 08/11/06
  9.   #7 Can you actually READ, Joseph? 12:21  |  Johnboy 08/11/06
  10.   As the victims aren`t Jewish, who cares, right? 18:15  |  John 08/11/06
  11.   What Price, JB and John don`t say 11:49  |  David Teich 09/11/06
 Today Online
Editorial: No excuse can justify the atrocity in Beit Hanun
Responses: 185
France: Our UN troops almost fired on IAF planes over Lebanon
Responses: 216
David Grossman is entertaining empty visions
Responses: 62
Olmert must explain to public where we go from here
Responses: 32
Rosner's Domain
* Rosner's guest: Saperstein on the Midterms Jewish vote
* Election notes: Happy Dems, happy Jews
* A meeting of leaders under siege
* Poll: What should be the number 1 topic for the Bush-Olmert meeting next week?


More Headlines
17:58 PM Olmert calls for immediate meeting with Abbas
17:48 Police approve Jerusalem rally in lieu of gay pride parade
15:22 Lieberman to join ministerial panel on dismantling outposts
16:07 IDF checking French claim its UN troops almost fired at IAF jets
16:33 Haniyeh tells Arab MKs unity PA gov't talks progressing well
15:44 17-year-old boy convicted of 2005 murder of Rehovot teen
15:02 Police use stun grenades to disperse East Jerusalem protesters
12:16 4 Qassams hit western Negev, causing damage but no injuries
13:19 State scraps plan to slow down immigration of Ethiopian Jewry
Previous Editions
Special Offers
Advertisement
LEUMI
During your visit in Israel Bank Only With the Leader
Supporting Israel's Independence
Get Israel's Independence kit - A unique and unforgettable presentation pack
Bar Ilan University
One year MBA Taught entirely in English
JOIN FREE AT JDATE.COM
The most popular online Jewish dating community in the world! Explore the possibilities! Click Here!
Isrotel Chain
Eleven quality hotels in Israel's best locations
Learn Hebrew Online
Learn Hebrew from the best teachers in Israel live over the Internet
HAARETZ SMS
Register Now to receive your daily news by SMS
Home| Print Edition| Diplomacy| Opinion| Arts & Leisure| Sports| Jewish World| Underground| Site rules|
© Copyright  Haaretz. All rights reserved