PUBLIC COMMITTEE AGAINST TORTURE V. STATE OF ISRAEL
H.C. 5100/94 (Sept. 6, 1999)
NATURE OF THE CASE: This was a lawsuit over the physical torture of prisoners and a
petition to prohibit usage of physical means during interrogation of suspects.
FACTS: GSS (General Security Service) was authorized to use physical torture to get
prisoners to talk. Administrative directives permitted the use of force during interrogation
if it was deemed immediately necessary to save lives. Common methods included forceful
shaking, sleep deprivation, and painful positions (the Shabach position). The security
services and the State of Israel (D) used the defense of necessity to justify their methods.
The Public Committee Against Torture (P) sought a prohibition against use of physical means
during interrogations. The question before the court was whether it was possible to infer
the authority to establish in advance permanent directives setting out physical
interrogation means that may be used under necessity.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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