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HCJ 1265/11 - The Public Committee Against Torture in Israel et al. v. The Attorney General Partial Judgment
Judgment | 1265/11 | 6.8.2012

Partial judgment on petitions submitted by the Public Committee Against Torture and other human rights organizations, including HaMoked, to instruct the commencement of a criminal investigation in cases where a complaint regarding torture is made by interrogees against the ISA. The HCJ rejects the request to abolish the preliminary investigation mechanism which rejects complaints before they stage of criminal proceedings, ruling there is no flaw in the very existence of the investigation. However, the Court seriously criticizes the mechanism, stating it will not be abolished only if it is moved from the ISA to the Ministry of Justice. The judges recommend additional structural changes, including concentrating the authority to close complaints and to initiate a criminal investigation in the hands of the same person. The Court also recommends regulating the structure of the mechanism and its supervision through legislation.

After a lengthy battle: the responsibility for examining interrogee complaints against ISA interrogators (the Complaints Inspector's position) has been transferred entirely to the Ministry of Justice (02) 627 1698   (02) 627 6317

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