Public Committee Against Torture v. State Of Israel H.C.

5100/94 (Sept. 6, 1999)

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Nature of the Case

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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.