Draft bill exempting security services from the obligation to record interrogations

Via Fax: +972- 2-651 2631

Email: pm_eng@pmo.gov.il

Geneva, 2 April 2012

Re: Draft bill exempting security services from theobligation to record interrogations

YourExcellency,

The World Organisation Against Torture(OMCT), the leading global network of civil society organisations againsttorture, summary executions, enforced disappearances and all other cruel,inhuman or degrading treatment or punishment in the world is writing to you expressingits grave concern over a draft bill presently under consideration that would permanentlyexempt the police from the obligation to record interrogations of suspects incases involving security violations[1]. OMCT has been informedthat the Ministerial Committee for Legislation has decided to support the draftbill.

In our global experience working on theprevention of torture and ill-treatment recording of interrogations can constitutea fundamental safeguard against torture and ill-treatment. Such safeguards are evenmore important in ensuring respect for the absolute prohibition of torture andother forms of cruel, inhuman or degrading treatment in national security interrogationswhere the temptation to resort to unlawful means is generally higher than inordinary cases.

In the face of the credible accountsagainst the Israeli Security Agency (ISA) and the police resorting to methodsamounting to torture and/or ill-treatment in the interrogation process, theproposed bill further lowers the bar creating a legal framework prone totorture and ill-treatment. Rather than weakening, we urge you to reinforce theframework of legal safeguards against torture and ill-treatment in the contextof security investigations, to oblige both police and ISA to fully record theirinterrogations and to ensure fully independent and effective investigationsinto any allegation of torture and ill-treatment.

OMCT recalls that in May 2009 followingthe examination of Israel’s report, the UN Committee AgainstTorture stated that “video recording of interrogations is an important advancein protection of both the detainee and, for that matter, law enforcementpersonnel.” It had therefore recommended to Israel “as a matter of priority, to extendthe legal requirement of video recording of interviews of detainees accused ofsecurity offenses as a further means to prevent torture and ill-treatment”.

Indeed, an important advance in theprotection of suspects from torture and ill-treatment was set by the CriminalProcedure (Interrogating Suspects) Law, 2002, which requires that all stages ofa suspect’s interrogation by the police in a case of felony be recorded byvideo and audio[2].However, this requirement has never applied to ISA, and while it was supposedto come into effect with respect to police interrogations of suspects insecurity cases in 2008, the Knesset amended the Law by exempting police fromsuch recording until 2012[3]. The proposed draft billwould make this exemption a permanent feature of the law.

OMCT recalls that the Convention against Torture and Other Cruel,Inhuman or Degrading Treatment or Punishment requires that each State Party shalltake effective legislative, administrative, judicial or other measures toprevent acts of torture in any territory under its jurisdiction (Article 2 a))and that each State Party shall keep under systematic review interrogationrules, instructions, methods and practices as well as arrangements for thecustody and treatment of persons subjected to any form of arrest, detention orimprisonment in any territory under its jurisdiction, with a view to preventingany cases of torture (Article 11).

OMCT is of the opinion that video and audio recordings of police and ISAinterrogations can contribute substantially to deterring police and securityservices from violence, intimidation and humiliating treatment whilequestioning persons suspected of serious criminal offences. The recordings canalso ensure that an accused who claims that his confessions were obtainedthrough the use of torture and ill-treatment will have the means to prove hisor her claim and prevent the admissibility of such confessions. Ultimately, itensures that the fight against security threats is conducted within and notoutside the rule of law.

Accordingly, OMCT respectfully urges YourExcellency to reject the proposed draft bill that would permanently exempt thepolice and the ISA to record interrogations of suspects in cases involvingsecurity violations and to fully ensure safeguards against torture andill-treatment in all security interrogations.

We hope that theconcerns expressed in this letter will receive the attention they deserve andwe would welcome your prompt responses on these matters.

Yours sincerely

GeraldStaberock

SecretaryGeneral

OMCT

Copies to

- Yitzhak Aharonovitch, Minister of Public Security, Via Email: sar@mops.gov.il

- Prof. Yaakov Neeman,Minister of Justice, Via Fax: +9722 628 7757, +972 2 628 8618, +972 2-646 6357, +972-2-6285438, and Via Email: sar@justice.gov.il

[1] Draft Bill: Criminal Procedure Law(Interrogation of Suspects) (Amendment – Interrogation of Suspects of SecurityOffences).

[2] The recording requirement applies to all investigations offelonies in which the maximum penalty is ten years imprisonment or more. Therequirement came into force incrementally, beginning with murder investigationsin 2006, and applied to all investigations of felonies of 10 years maximumimprisonment or more in 2010.

[3] PCATI and OMCTreport « Implementation of the UN Convention against Torture and OtherCruel, Inhuman and Degrading Treatment or Punishment by Israel », June 2009.