CIA report says Israeli Supreme Court decision allows torture on terrorist prisoners for imminent, ‘ticking bomb’ scenarios, citing an ‘Israeli example’ that ‘torture was necessary to prevent imminent harm where there is no other available means’ [in preventing mass-murder].
By Linda Gradstein of The Media Line
The newly-released report by the US Senate Intelligence Committee on the CIA’s use of torture says that CIA lawyers used Israel as a justification for building a legal case for torture of Al-Qa’ida suspects after the 9/11 attacks.
Most of the 6000 page-report remains classified. But according to the 528 pages that were released, in November 2001 CIA officers said they wanted legal justification for the interrogation methods they had begun using. The report cites the “Israeli example” that “torture was necessary to prevent imminent, significant, physical harm to persons, where there is no other available means to prevent the harm.”
Israeli government spokesmen chose not to comment on the report. But an official at the Public Committee against Torture in Israel explained the “necessity defense” which is used against Palestinian suspects.
In 1987, the Landau Commission recommended that interrogators be allowed to use “moderate physical pressure” in cases where psychological pressure was not effective. That ruling was overturned in 1999 by the Supreme Court.
“The Supreme Court ruled in 1999 that torture is unacceptable in Israel and then went on to detail various things that fall under the purview of torture,” Rachel Stroumsa, project manager at the Public Committee Against Torture in Israel told The Media Line. “The ruling left a loophole in what it called the “ticking bomb” situation.”
A “ticking bomb” means that a suspect knows where a bomb has been planted that is set to explode. In those cases, torture can be used to discover the place of the bomb.
“It means that if an interrogator feels compelled to use torture by necessity, he will be covered legally,” Stroumsa said. “You can’t get approval in advance for these cases.”
She said her organization deals with 100 – 150 cases per year, although she believes there are many more instances. Many Palestinians are afraid to come forward, afraid they or their family members will be arrested and tortured again.
Israeli officials say that intelligence interrogators are given clear instructions not to use torture, and that it is only used in extreme cases. However, Palestinian rights groups have claimed that some elements of what they call torture such as sleep deprivation are routinely used. Much of the evidence against a Palestinian prisoner is sealed and not presented in open court for security reasons.
The report also quotes the CIA attorney who referred to the “ticking bomb” scenario and said that “enhanced techniques could not be pre-approved for such situations, but if worst comes to worst, an officer who engaged in such activities could assert a common-law necessity defense if he were every prosecuted.”
Israel is also mentioned in another context. According to the report, Khalid Sheikh Mohammed, the al-Qa’ida official who planned the 9/11 attacks reportedly told his interrogators about plans to carry out attacks on various targets including “an Israeli embassy in the Middle East.” Israel has peace treaties and embassies with two countries – Egypt and Jordan.
View original The Media Line article from Ynet publication at: http://www.ynetnews.com/articles/0,7340,L-4602431,00.html