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Last update - 09:30 14/06/2008 The 'torture police' / Every Shin Bet move is watched by its legal team By Yossi Melman Tags: Shin Bet On September 5, 1999, Aryeh Roter returned from a year of studies to his office in the headquarters of the Shin Bet security service in north Tel Aviv. He knew that he would shortly be appointed the organization's legal adviser, succeeding Shabtai Ziv, who was about to retire. "Shabtai reminded me that the next day the High Court of Justice would hand down its decision on the [question of] interrogations and told me, 'Go to Jerusalem,'" Roter recalled this week. The decision in question referred to the petitions submitted by the Public Committee Against Torture in Israel and other human rights groups demanding that the Shin Bet stop the use of torture in its interrogations. "The next day I waited expectantly, together with a few of my colleagues in the court chamber, without having any idea what the decision would be. Attorney Lea Tsemel, who represented several of the petitioners, told me, 'It's all clear - they will authorize everything you want,'" Roter says. But then Justice Eliyahu Mazza entered and started to read what has since become known as the "torture decision." Advertisement "I realized immediately that a new era was beginning," Roter says. Roter called the Shin Bet headquarters with the news. The High Court had ruled that Shin Bet interrogators must act according to the same standards as the police, and could not use torture or other forms of pressure that are not enshrined in legislation. The service's top officials were in a meeting at the time, and Roter asked that the then chief, Ami Ayalon, be summoned urgently to the phone, along with A., known as "Sheriff," the head of the Interrogations Division at the time, whose name remains classified. Roter: "The head of the Interrogations Division immediately sent a message via the service's e-mail to everyone involved in interrogations, stating that the procedure that had existed until then was null and void and adding that we were now in a new era of interrogations. Within an hour the entire organization shifted from one procedure to a different situation. For me, that is the salient example of the rule of law in action." Ziv invited Roter to join the Shin Bet in 1988, when the latter was in charge of prosecutions in the Judea District of the Military Advocate General's Office. He held a series of posts until becoming chief legal adviser in 1999, a position he held until his retirement a year and a half ago. Aryeh Roter, can you say with absolute certainty that since the "torture decision," the Shin Bet has stopped torturing suspects in the course of interrogations? "In our view, even before the High Court ruling, the Shin Bet did not make use of torture, as it is defined in the [United Nations] Convention Against Torture. But the High Court struck down the procedure under which means of pressure could be used, as approved from time to time by a special ministerial committee. The court left a narrow opening for the use of judgment in clear-cut cases of 'interrogations of necessity,' involving individuals known to the public as 'ticking bombs' - interrogations under extreme and immediate circumstances." The question is whether the Shin Bet uses torture. "No." How many cases of ticking bombs are there? "Few, by any criterion; but that is operational information, which I am not at liberty to divulge." Three branches, dozens of lawyers The watershed in Shin Bet interrogations occurred after the 1967 Six-Day War, when Prime Minister Levi Eshkol made the organization responsible for keeping order in the territories and preventing political subversion and terrorism. The result was the creation of "Shin Bet Land" in the West Bank and the Gaza Strip, where the organization did not abide by the democratic values that guided its work in Israel. Palestinian detainees were tortured in interrogations to extract confessions. Afterward, with the authorization and at the order of their superiors - including Shin Bet chiefs Yosef Harmelin, Avraham Ahituv and Avraham Shalom - Shin Bet interrogators would lie in court, claiming that confessions had been obtained by legal means and without the use of torture even when that wasn't the case. The method worked well for 20 years. Then, in 1987, a commission of inquiry chaired by Supreme Court Justice Moshe Landau uncovered the web of torture and lies. The commission was established in the wake of the case of Izzat Nafsu, an Israel Defense Forces officer on whom the Shin Bet used force to extract a confession that he was an agent of the Palestine Liberation Organization (PLO). The Landau Commission, while noting that some of the security service's methods were illegal, stated nonetheless that interrogators should be allowed to use nonviolent psychological pressure and stratagems. If these means proved unsuccessful, the commission said, the use of a "moderate measure of physical pressure" should not be ruled out. Confessions obtained by this means would be admissible in court. In the 12 years that followed, until the "torture decision" of 1999, the Shin Bet continued to use torture in its interrogations, albeit in a measured way, as permitted by the Landau Commission. The methods of torture, documented by human rights groups, included sleep deprivation, playing ear-splitting music in jail cells and tying subjects to chairs. The method of shaking subjects violently was abolished in 1995, following the death of a suspect from a brain concussion after he was shaken in this manner. The court pressure on the Shin Bet led to a substantive change in the role of the organization's legal bureau. When Roter joined the service, the Shin Bet had no more than six or seven legal experts. Today it has dozens of lawyers, working in all operational units, in the organization's headquarters and in its three branches . "The service's legal adviser is involved in the operational processes in a relatively involved manner compared to every other operational body," Roter says. "This is due to the complexity of the actions, owing to the fact that they are carried out within the sovereign territory of the state or [areas] under its control, a situation that has implications in terms of legality and infringement of rights. In addition, the service has already been burned in the past by violating the law, and nowadays the law is strictly adhered to, both internally and externally." The decision that rocked the Shin Bet The legal experts, Roter explains, work with the operatives in formulating procedures, planning operations and also at the debriefing stage, when the legal implications of an operation are also analyzed. "The involvement can find expression in the handling of an agent, in using intelligence means such as wiretapping, in planning an interrogation or in planning an arrest that entails singular operational elements," he relates. At first the "torture decision" rocked the Shin Bet. The court ruled that in the absence of legislation permitting the use of torture, Shin Bet interrogators were forbidden to resort to physical or psychological means that had been permitted under the previous procedure, other than in urgent cases, according to the interrogator's judgment. Some of the interrogators complained that irreversible damage would be done to their ability to act against terrorists and prevent terrorism. The initial reaction of the Justice Ministry and the Shin Bet was to push for legislation that would allow for the use of torture. "To the credit of the head of the Interrogations Divisions at the time, it has to be said that he reconsidered the matter, and under his leadership a new interrogation doctrine was worked out," Roter says. "It is a concept that is based on interaction between interrogator and subject, on the use of ploys and intelligence. There is no more physical or psychological pressure, other than in clear-cut cases of a 'ticking bomb.'" Attorney Michael Sfard, one of Israel's leading human rights lawyers, confirms that "there is no comparison between the situation today and what used to go on. In the past, interrogations involving the use of physical or psychological torture were routine, and there were tens of thousands of such cases. It is true that torture is still used, but in exceptional and isolated cases of interrogations of necessity." According to Roter, it is difficult to say with certainty that the quality of the interrogations has not been affected by the court decision. "Even if the subject has provided a great deal of information in his interrogation, doubt will always remain that he held back information," he notes. "At the same time, after a year or so of some bewilderment in the wake of the High Court decision, the results showed that the interrogations continued to make a considerable contribution to prevention. "It needs to be understood that the purpose of the interrogations system is to collect intelligence for the future. Classic legal thinking, and especially in criminal law, refers to situations that took place in the past. Prevention of terrorism looks to the future, in order to thwart the act." Agents in a violent milieu Roter was born in 1952 in Moshav Beit Yehoshua, in the Sharon region. His parents followed a moderate religious way of life. After completing his law studies at Bar-Ilan University in 1979, he started to work in the Central District Prosecutor's Office. In 1986 he rejoined the IDF - he had been an Armored Corps officer in the 1973 Yom Kippur War - and entered the Military Advocate General's Office. Roter, who wears a skullcap, lives in a West Bank settlement, out of, he says, "a combination of belief and a desire to live in a community that possesses a character that is close to our heart." Besides working on the matter of interrogations, what else are the Shin Bet legal advisers involved in? "Almost everything. For example, the service gave much thought to the legal issues and principles involved in operating an agent. On the one hand, he must be effective and provide relevant information, but on the other he must not commit offenses on behalf of his handlers. This is a difficult issue, and you will not find the answer in law school." Is this one of the lessons learned from the affair of Avishai Raviv [the Shin Bet agent used to infiltrate Jewish radical circles before the assassination of Yitzhak Rabin, in 1995], whom it proved difficult to control? "Yes, in part. In the service, this type of operation is called 'running an agent in a violent target.' The agent has to integrate himself in a violent, dangerous milieu, in a way that will not arouse suspicion. But at the same time, the service must make sure that the agent does not think that anything goes. This is a situation of complex tension between a number of contradictory values, and the service, in my opinion, has succeeded in handling it in a way that is reasonable." There are those who complain that the present head of the Shin Bet, Yuval Diskin, extended the service's mandate when he informed Adalah [the Legal Center for Arab Minority Rights in Israel] that the Shin Bet has the right to monitor Israeli-Arab organizations that are working democratically to change the character of Israel. What is your take on this issue? "Under the law, the Shin Bet is in charge of preserving the security of the state and the order of the democratic regime and its institutions against threats of terrorism, subversion, sabotage and espionage. I helped formulate the Shin Bet Law, and the word 'threats' was not inserted without a reason, because the role of the service is to thwart the threat. But of course there is a difference between prevention and collecting information. The service will not arrest a person who has not committed an offense, but its right and its duty is to collect information about that person to preserve the order of the democratic regime. This applies not only to those who wish to annul the state's Jewish character. It can apply equally to people on the extreme right, if they strive to annul the courts, the elections or the Knesset." Despite the changes you have cited, the Shin Bet's image in world and Israeli public opinion is still that of an organization that has underground torture chambers. "I am aware of that image, which did exist, and an image has implications. We often hear slanderous allegations against interrogators to the effect that they are insensitive robots. That is far from the actual situation. The service, in my estimation, stands out among the Western democracies as an organization that fights serious terrorism on an everyday basis, yet does not adopt methods which, so I have read, enlightened democracies allow themselves - such as the United States in Guantanamo prison or Britain in Northern Ireland. "Personally," he continues, "I believe that, despite the problems, the High Court ruling was ultimately good for the service. It freed us from a heavy burden we bore for years, of harsh internal dilemmas and of allegations against us from around the world. It is good for the service and of course it is good for democracy, for morality and for our Jewish values." Bookmark to del.icio.us   Prisoner exchange Israel signs swap deal, begins exhuming bodies of Hezbollah guerillas. Provocative questions Gaydamak tells TAU student to 'shut up and go to hell' over Angola question.   1.   Is every element of Israels forces trying to reshape their image? 15:44  |  Natallie Durson 13/06/08   2.   How Many Countries` Secret Services Have Such Supervision? 16:20  |  Tom 13/06/08   3.   How incredible to read.... 16:54  |  Silvienne 13/06/08   4.   Just because there is a law against it does not mean 17:15  |  Kris Lazar 13/06/08   5.   torture still used 17:20  |  clear 13/06/08   6.   it`s a well known `secret" 17:32  |  rm 13/06/08   7.   We-e-el, Silvienne #2 18:00  |  Esther 13/06/08   8.   Since Shin Bet uses this tactical for 18:34  |  JP 13/06/08   9.   It is probably better to kill them like Arab countries do 19:06  |  Genuine Tosefta 13/06/08   10.   Silvienne from the US 19:34  |  Ehud 13/06/08   11.   This will be the downfall of Israel. 20:08  |  BradL 13/06/08   12.   # 3 All democracies are the same 20:29  |  Mabruk 13/06/08   13.   It is never a good idea to stop torturing Muslims in any country 20:46  |  Genuine Tosefta 13/06/08   14.   #7, Esther.... 22:36  |  Silvienne 13/06/08   15.   #11, BradL... 22:39  |  Silvienne 13/06/08   16.   #10, Ehud... 22:48  |  Silvienne 13/06/08   17.   Other countries don`t ADMIT but they DO it too! 23:28  |  Arthur 13/06/08   18.   Let`s make sure that Israel does not get destroyed. 00:28  |  Andreas 14/06/08   19.   You can`t win a war like this! 01:47  |  Chaim 14/06/08   20.   It`s obvious who the real winner is here.... 02:08  |  POP 14/06/08   21.   Shin Bet torture 02:50  |  kochav Ben avraham 14/06/08   22.   I wonder....... 03:14  |  Manuel Gwiazda 14/06/08   23.   The creation of "Shin Bet Land." 09:29  |  Maureen Ann 14/06/08   24.   Silvienne, get some reading 10:49  |  Ehud 14/06/08   25.   Silvienne 11:24  |  Cipora Julianna Kohn 14/06/08   26.   torture 11:58  |  Sean 14/06/08   27.   Maureen Ann from Australia 12:00  |  Ehud 14/06/08   28.   Re Silvienne #14 12:38  |  Esther 14/06/08   29.   Sean 12:46  |  Ehud 14/06/08   30.   Apropos Cipora #25, re Silvienne 13:12  |  Esther 14/06/08   31.   WHY CODDLE TERRORISTS? 14:49  |  petra 14/06/08   32.   Of course, rest of world countries use nice relationships 14:57  |  Alain 14/06/08   33.   Is it legal???? 15:12  |  Joe 14/06/08   34.   #25, Cipora... 08:20  |  Silvienne 15/06/08   35.   kochav Ben avraham... 08:26  |  Silvienne 15/06/08   36.   #26, Sean from Derry...well said Sean! 08:28  |  Silvienne 15/06/08   37.   #28, Esther... 08:31  |  Silvienne 15/06/08   38.   #29, Ehud, are you trying to compare Ireland to Israel? 08:35  |  Silvienne 15/06/08   39.   Silvienne, torture in Israel is illegal 23:48  |  Cipora Julianna Kohn 16/06/08   40.   #39, Cipora...in 1999???? 05:09  |  Silvienne 17/06/08   41.   #40, Silvienne 08:12  |  Cipora Julianna Kohn 17/06/08   42.   #41, Cipora...what a superior air!!! 17:16  |  Silvienne 17/06/08   43.   Silvienne 12:22  |  Cipora Julianna Kohn 18/06/08   44.   #43, Cipora 17:15  |  Silvienne 18/06/08   45.   rascism 14:00  |  allan 08/07/08   46.   #13 14:02  |  allan 08/07/08   47.   #25 14:04  |  allan 08/07/08   48.   #42 14:05  |  allan 08/07/08   49.   dear silvienne 14:09  |  allan 08/07/08   50.   #7 14:13  |  allan 08/07/08

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