A History Of Torture

ntil the late 1980s, Israel's domestic security agency, the Shin
Bet, swore its agents did not torture Palestinian suspects. Such
claims were despite the mounting number of Palestinians who
gave matching descriptions of their ordeals.
A commission of inquiry headed by former Supreme Court President
Moshe Landau found in 1987 that Shin Bet investigators had been beating
and torturing confessions out of Palestinians for nearly two decades, and
lying about it in court.
The Landau commission forced Shin Bet investigators to work under
greater supervision and forbade them to use the more egregious, devastat-
ing methods of torture, such as vicious beatings on sensitive parts of the
body. But it did allow them to use "moderate physical pressure.
The commission catalogued the allowable techniques of torture, and
kept the list hidden from public view. The Shin Bet thus had impeccable
legal sanction to, in High Court of Justice Aharon Barak's words, humiliate
and violate human dignity.
In its defense, the Shin Bet argued that it was going up against hard-
ened, often fanatic killers, and that there was no way to get them to talk
without using "moderate physical pressure."
Failing to wrest information from the suspects could and would result
in terror attacks and the deaths of innocent victims, the agency said. Using
"moderate physical pressure" on terrorists and their contacts was certainly
preferable to seeing bombs go off in outdoor markets, went the Shin Bet
argument, logic the agency continues to use until this day. ❑

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democracy has the upper hand,
because preservation of the rule of
law and recognition of individual
liberties are an important component
of security.
"In the end, these reinforce its
spirit and its strength, and enable it
to surmount its difficulties."
The reactions produced few sur-
prises. Former Shin Bet director
Ya'acov Peri said that now "terror
suspects will feel stronger and more
confident." Prime Minister Ehud
Barak, a former military chief of
staff, said, "It seems as though the
decision will make things very diffi-
cult for the Shin Bet."
The right-wing opposition was the
most critical. Knesset Member
Avigdor Lieberman, quoting a talmu-
dic admonition, said, "Those who
are merciful to the cruel will ulti-
mately be cruel to those who deserve
mercy.
The court noted that the Knesset
has the power to supercede the rul-
ing by passing a law that allows Shin
Bet agents to use "physical means"
during interrogations — "so long, of
course, as the law infringing on the
interrogation subject's liberty is [in
the words of Israel's Basic Law on
Human Dignity and Liberty] (beRt-
ring the values of the State of Israel,
enacted for an appropriate purpose,

and to an extent no greater than
required.'"
Right-wing opposition Knesset
members vowed to pass such a law.
Human rights advocates, however,
were triumphant. Hana Friedman,
head of the Public Committee Against
Torture, said, "I am very proud of our
country and of our High Court,
which is capable of passing such pro-
gressive rulings. We will have to find
other, more progressive ways to fight
against terrorism." ❑

Correction

The name of the new social and
meeting hall in the Jewish
Community Center in West
Bloomfield was misspelled last
week. It is the Marion and David
Handleman
Hall and
Auditorium.

A photograph
of Sidney
Lantz was
omitted from
a guide to the
Southfield
City Council
races last week.

Sidney Lantz

$,c1,2,7%,

Janet Pont, Rena Weintraub and
Rabbi Leonardo Bitran wish you
and your family a New Year of good
health, simchas and the realization
of your dreams and goals.

L'Shanah Tovah

9/10
1999

Detroit Jewish News

37