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The High Court of Justice denied petitions against the decision not to investigate the complaints of Palestinians who were tortured and were held in inhuman conditions in the secret prison, where they were interrogated: The short and revolting judgment does not delve profoundly into the grave claims raised by the petitioners, and affirms the discretion exercised by the Attorney General and the Judge Advocate General

In a short judgment, the High Court of Justice denied two petitions against the respondents’ decision not to investigate thoroughly complaints of Palestinians who were tortured and held in inhuman conditions during their interrogation in Facility 1391. Despite the severity of the acts, which severely violated the detainees' human rights, and although they were done in a secret and unsupervised facility, and notwithstanding other testimonies describing similar acts, the justices decided not to interfere with the respondents' discretion and not to examine seriously and profoundly the contentions raised in the petitions. The court got the impression that the process in which the decision was made not to open a criminal investigation was proper, and gave great weight to the respondents' contention that the complaints’ credibility was poor.

For the Judgment (HCJ 11447/04 HaMoked: Center for the Defence of the Individual et al. v. The Attorney General et al.), click here. 

For a background on the secret facility and for the hearing in the petition filed by Hamoked regarding its legality, click here.

The Secret Prison: On 15 December 2004, the High Court of Justice held a hearing on the petition filed by HaMoked: Center for the Defence of the Individual against the existence of a clandestine detention facility that is located in a secret army base and used for the interrogation of suspects. At the hearing, the justices criticized the state’s claim that it was permissible to hold detainees w... (02) 627 1698   (02) 627 6317

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