August 28, 2008 at 05:16:15

Torture As Official Israeli Policy

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By Stephen Lendman (about the author) Page 6 of 14 page(s)

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Israeli military law contains the specific offense of "ill treatment" that prohibits soldiers from abusing persons in their custody. Those found guilty face up to three years in prison and under "aggravating circumstances" up to seven years. In many of the instances PCATI uncovered, abuse amounted to "torture."

According to military law, "ill treatment" may be committed by one soldier against another or against someone "in custody for which the soldier is responsible" - characterized by denying the person's liberty.

A vast discrepancy of power exists between captive and captor. It's exploited whenever soldiers use violence and abusive practices against shackled, blindfolded and defenseless detainees denigrating their human dignity. Also when they endanger their lives or health or deviate from standard procedures.

In nearly all cases examined, this, in fact, happened as soldiers committed assault or assault in "aggravating circumstances." These are military "ill treatment" offenses and civilian ones under penal code articles 378 - 382. Other penal code offenses as well such as injury, battery, forcible extortion, ill treatment of a minor, and so forth. In all cases, soldier-committed violence against shackled detainees is a "criminal phenomenon (subject to penalties) under an entire system of offenses in Israeli criminal law."

Even so, in the few cases where soldiers were prosecuted, penalties imposed were minor compared to similar civil court convictions. And rarely are commanders charged even when they order detainees harmed, or they simply witness or know abuses occur but fail to intervene. At most in these cases, higher-ranking officers go before a disciplinary hearing, get charged with conduct unbecoming an officer, and receive suspended sentences. Never do senior commanders answer for ill treatment charges against their subordinates.

Coercive Field Interrogations

The Military Justice Code authorizes no operational need to beat or ill treat detainees under arrest. But enforcement, in fact, is lax and international law dismissed. It results in what PCATI discovered in spite of military investigatory bodies responsible for interrogation and prosecution. Three exist under the Military Justice Code:

-- an examining officer;

-- the Military Police Investigation Unit (MIU); and

-- an investigative judge.

In most cases, alleged offenses are examined by an examining officer or investigative judge (in cases of death) before offenders are prosecuted in a military court. Examining officers hear witnesses, examine evidence, order suspect arrests, and recommend if prosecutions are justified. In practice, investigations are inadequate so few cases, in fact, enter the legal system and few offenders end up convicted.

According to Knesset member Ophir Paz-Pines: Unaccountability for abusing Palestinians is no "small problem - it is a big problem." It was so bad during 2003 - 2005 that the Knesset Foreign Affairs and Defense Committee's Preparedness and Routine Security Subcommittee described operational debriefings as "out of control." Most complaints charged go unaddressed, and most that are end up dismissed for "lack of evidence" or because accused soldiers are believed over complainants.

The result - almost no prosecutions or convictions. At most around two a year throughout the Intifada period when abuses were rampant and extreme. Furthermore, months go by before complaints are examined during which time many accused complete their service, return to civilian life, and end up free from prosecution or conviction.

Military courts are supportive. They:

-- abstain from most investigations;

-- rely on non-professional debriefing institutions with clear conflicts of interest and histories of false reporting;

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I am a 72 year old, retired, progressive small businessman concerned about all the major national and world issues, committed to speak out and write about them.

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