Opinion
Were the Shin Bet's interrogation techniques justified?
Yifat Erlich
Published: 09.01.19, 12:02
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4 Talkbacks for this article
1. Ms Erlich clearly doesn't understand democracy
Andrew Dancer ,   tel aviv   (01.09.19)
Remaining silent is a right! This is a fundamental right in any democracy.

The burden of proof is on the state to provide the evidence of a suspect's wrong doing. It is not the obligation of a suspect in a democratic country to prove their innocence. Nor are they obliged to cooperate i.e. confess.

Relying on confessions is a tactic of police states. It is a bad practice and a lazy one. Police should do their jobs! The public should be concerned because forced confessions not infrequently mean innocentv people are convicted and the real criminals are still at large preying upon the public.
2. When the "Law Enforcers" Break the Law...
(01.09.19)
The Israeli Criminal Law Procedures (סדר' הדין הפלילי) clearly state that a suspect/accused has the absolute right to remain silent, the burdem of proof is on the Prosecution.

However, it also states that such remaining silent on the part of a suspect/accused may serve as added weight to Prosecution's claims
/evidence if needed in light of the lack of any "counter claim" on the part of the defendant at trial.

In other words, when the law enforcement has reasonable evidence indicating
the accused is guilty, and the accused has no "alternative" claim to refute the Prosecution, the Court may use this in favour of finding the accused guilty.

So, yes, the criminal investigators violating multiple laws and rights, which the Courts are repeatedly confirming by throwing out "confessions" beaten/tortured out of young minors who exercised their right to silence, thereby ruining any chance of actually convicting a potentially actually guilty party, are indeed not only criminals who need severe punishment, but also incompetent thuggish buffoons who obstruct Justice severely.

Interesting to speculate how many convicted Arab accused aren't the actual guilty party, if these scum are doing this similar "treatment" so boldly and proudly even to Jewish kids.

The article forgot to mention this...
3. It won't be admissible in court so the answer is no.
Joseph ,   USA   (01.09.19)
It only shows that branch of government has lost moral compass and is torturing out of self gratification. Disgusting and morally bankrupt like the attorney general or who ever was the sadist that authorized it.
4. Here in the US, Flynn and Papadopolous "cooperated" with FBI
Raymond in DC ,   Washington, USA   (01.10.19)
Yes, they had the "right to remain silent", but hadn't done anything wrong, so they cooperated with an FBI that, unknown to them, was targeting them. Both were ultimately charged with a "process crime" - for making false statements over matters which were not crimes.

In Israel and the territories, while there are some Jews that commit offenses against the Arabs or IDF personnel, the Shabak has a section dedicated to Jewish suspects. They too are targeted, and "getting a confession" seems more direct than gathering evidence.
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