The arson attack on the Palestinian Dawabshe family home killed 18-month-old Ali and his parents, Sa’ad and Riham.
By Yonah Jeremy Bob, JPOST MAY 18, 2020 10:08
Amiram Ben-Uliel appears at Lod District Court ahead of his conviction in the Duma arson case, May 18, 2020 (photo credit: YONAH JEREMY BOB)
The Lod District Court on Monday convicted Amiram Ben Uliel in the 2015 Jewish terror arson murders of three Palestinians in Duma.
The arson attack on the Palestinian Dawabshe family home killed 18-month-old Ali and his parents, Sa’ad and Riham and destabilized Israeli-Arab relations throughout the region.
The court also acquitted Ben Uliel of membership in a terror group.
Asher Ohayon, the lead lawyer for Ben Uliel, vowed to appeal to the Supreme Court, saying that the court had wrongfully accepted confessions given post-torture.
The court said that even though it disqualified confessions Ben Uliel gave when the Shin Bet used enhanced interrogation on him, his confessions given 36-hours later were given freely and compelling.
Further, the court said it was convinced by Ben Uliel’s voluntary physical reconstruction of the crime at the scene of the murders.
In addition, the court cited negative statements made by a minor-co-conspirator against Ben Uliel as well as Ben Uliel’s refusal to testify in his own defense.
Ohayon responded to a question from The Jerusalem Post about the fact that the Supreme Court has been very accepting of enhanced interrogation confessions during the last three years saying there was no parallel.
He also said that Ben Uliel had been “tortured far worse than any Palestinian.”
The Dawabshe family responded to the decision saying that it is important for justice to be done so no one else’s lives will be ruined and destroyed like the three murdered Dawabshes.
Supporters for Ben Uliel yelled at the court, “how can you convict an innocent person” and had to be silenced by security guards.
The sentencing hearing was set for June 9.
For months after the murder, the Shin Bet (Israel Security Agency) performed a massive manhunt and investigation, but turned up empty-handed.
Former Shin Bet chief Yoram Cohen has told the Post that he fundamentally altered the entire approach toward Jewish terrorism against Palestinians, taking a much harder stance and investing far more resources.
Prime Minister Benjamin Netanyahu and then-defense minister Moshe Ya’alon made frequent statements about the severity of the incident, and assured regional partners in the Palestinian Authority, Jordan, Egypt and globally of their commitment to bringing the perpetrators to justice.
When the Shin Bet finally apprehended Amiram Ben-Uliel, then 21, the alleged murderer of the Dawabshes, as well as a minor who was accused of conspiring with Ben-Uliel regarding the murders, the situation was viewed as so desperate that they used torture/enhanced interrogation to get the defendants to confess.
This ushered in a whole new side and saga to the case, as suddenly enhanced interrogation, administrative detention and other extreme measures were being used not only against Palestinians, as in the past, but also against Jews.
Yamina MK Bezalel Smotrich and activist Itamar Ben-Gvir have accused the Shin Bet and prosecution of massive overreaction and injustice in the treatment of Ben-Uliel and the minor.
Joint List Party leader Ayman Odeh and other Arab activists have demanded that harsh justice be meted out to Ben-Uliel, if Israel is to avoid accusations that it cracks down harder on Palestinian terrorism than on Jewish terrorism.
IN JANUARY 2016, then-attorney-general Yehuda Weinstein and then-head state prosecutor Shai Nitzan personally approved the indictments filed by prosecutors Rahel Avisar and Yael Atzmon.
From the indictment in January 2016 until June 2018, there was a pretrial minitrial over whether the defendants had been tortured or only exposed to “moderate pressure,” which is sometimes permitted in Israel to prevent a potential impending terrorist attack.
The decision in that minitrial did not automatically decide the innocence or guilt of the defendants.
However, it signaled the direction in which the court was leaning, and was a bombshell in the wider debate about the Shin Bet using enhanced interrogation and other measures on Jews accused of terrorism or more violent price-tag actions.
The June 2018 Lod District Court decision by judges Ruth Lorch, Tsvi Dotan and Dvora Atar confirmed the validity of key confessions of Ben-Uliel, giving the prosecution a strong chance to convict, while disqualifying key confessions given by the case’s minor defendant.
The mixed decision also disqualified some of the main defendant’s confessions made while, and 36 hours after, enhanced interrogation was used on him.
Overall, the Justice Ministry and the Shin Bet emerged with a strong lead toward winning their flagship fighting-Jewish-terrorism case against Ben-Uliel.
However, as the court declined to rule on whether the Shin Bet tortured or used legal enhanced interrogation, future rough treatment of Jewish extremists was still up in the air, and the multiple disqualifications hit the Shin Bet like a ton of bricks.
Regarding the minor defendant, he was eventually convicted for lesser price-tag attacks and a vague role in the Duma case, but was acquitted of most of the serious Duma charges.
After the decision, Cohen, who retired from the Shin Bet in the middle of the case, said that the agency would need to make tactical adjustments in the treatment of Jewish terrorism suspects.
Since the June 2018 decision and a later decision about mistreatment and manipulation of a defendant accused of a price-tag attack, the Shin Bet ceased using enhanced interrogation and administrative detention on Jews.
According to the Duma indictment, Ben Uliel and the minor had discussed in June 2015 ways they could take revenge on Palestinians following the murder of Malachi Rosenfeld.
The two planned one attack on Duma and another on the Majdal village nearby, hoping to murder the residents of houses in those locations.
Ben-Uliel prepared a backpack with two Molotov cocktails full of gasoline, a lighter, matches, gloves, and spray paint.
On July 30, 2015, Ben-Uliel left his house wearing heavy clothing and with the backpack to meet with the minor at Yishuv Hada’at.
When the minor did not show (something that the prosecution has never explained), and after Ben-Uliel had waited for a while, he decided to perpetrate the terrorist attack on his own.
The indictment said that Ben-Uliel reached Duma and then tied part of a shirt around his face to function as a mask obscuring his identity and donned the gloves. He spray-painted “revenge” and “long live the Messiah” on the walls of a house, which he attacked with a Molotov cocktail – but no one was there.
Next, he moved on to the Dawabshe house, failing to burn it with one Molotov cocktail due to two closed windows, but succeeding in burning it down when he found a third window.
In closing arguments, prosecutor Atzmon noted that in the many interrogations Ben-Uliel underwent, there were points where he confessed to the arson murder, and that he also reconstructed the crime scene at Duma.
In addition, the prosecution pointed out that Ben-Uliel declined to testify in the trial, which is usually held against a defendant.
Moreover, Atzmon argued that incriminating statements by the minor coconspirator of Ben-Uliel should count against him.
Essentially, the prosecution said that Ben-Uliel should be convicted because his confession and reconstruction were too detailed to have been given by someone who had not perpetrated the crime.
Regarding inconsistent details, the prosecution offered alternate explanations that kept the focus on Ben-Uliel, such as that the Palestinian witness who saw two people possibly saw two villagers who beat him to the scene to see what was happening, after Ben-Uliel had fled.
@ Sebastien Zorn:
The judges do not believe he was coached.
@ Edgar G.:
“at age 8 the family had already destroyed my dear father’s eardrum” They didn’t know that under aged children hadn’t been “khapped” by the recruiters since 1859?
That’s tragic.
@ Bear Klein:
How do we know that the defendant wasn’t coached first? Clearly, they might throw out testimony that it is proved was provided during torture (and I wonder how that was proven) but Shin Bet operatives do not lose their jobs over it as cops would here in the U.S. I remember reading at the time that the defendant — a minor — was not allowed to see a lawyer or his parents. Shaked, much later, even though she blindly took the word of the Shin Bet agents at face value, was subjected to a barrage of criticism for even meetng with the parents!
Edgar did not say Ben Gurion was born in the Soviet era, incidentally. This is what he said: “You can loook them all up and the internet- Ben Gurion was born in Plonsk Poland Weitzman born in Belarus, both then the Russian Empire There were more from the Soviet Era and ex Russian areas: still heavily influenced .”
FYI for whomever it mahy concern: I looked it up by typing control F (for find) and it gives you every instance of the word or phrase you are searching for on a page in Windows or Chrome. Mac has an equivalent, Command instead of Control, I think. You can always google, “short-cuts keys” for whatever operating system you are using.
@ Edgar G.:
You did not answer did or were you able to view the Hebrew Video of the walk through by the defendant of the crime? You side stepped the question with your hypothetical ramblings. I put more credence in the three judges you have dismissed without knowing who they are. /strong>
@ Edgar G.:
Did you say Ben-Gurion was from the Soviet Era? If yes you were wrong and if you did not it does not matter does it. That is why I mentioned when the Russian Revolution was. Glad you have a big library that is most impressive.
@ Sebastien Zorn:
Yes, so right- but I was much too young to understand-then. I understood more when I read about Trotsky being killed in Mexico because I discovered he was a Jew- being always an avid reader even when I didn’t understand the subjects-
That poor guy- railroaded into hell….
I’d read the Science Fiction magazines my brother-in-law used to pass on to me- right to the back cover- including the many pages of mysterious adverts; I even ordered a few things which turned out not to work as advertised, like a gun, and “magic” tricks etc. Charles Atlas always on the full back page………..
@ Edgar G.:
Indeed! There were those who said the Moscow Show Trials had to be genuine because there was no sign of torture and they confessed in open court.
@ Bear Klein:
No indication that he had been meticulously coached by many months of torture and future threats against his family….Eh???
Ask yourself…..innocent or guilty…WHY would ANY young man, with a wife and baby and EVERYTHING to live happily for, confess to a murder that will keep him in prison for the rest of his life; away from all his future happiness………Eh???
Illegally charged, illegally held without trial for years illegally tortured…..PLUS…..
whatever technical pilpul you bring up to dispute my assertions- we are on blog not swearing an oath in court.. every single “greps” need not be detailed not enlarged on.
@ Reader:
The only “important” thing in your totally irrelevant post is
“I don’t want to start arguing with you”.. SO….PUT IT INTO DEEDS….not just words-
so why the hell DO YOU ?? You meander all over the place about things never said nor intended- Wiki has a lot to be blamed for here-
You have a repulsive complexity of always insisting on “teaching your grandmother how to “suck eggs”..
You keep bouncing back like a rubber ball against a wall…
GO AWAY……….I have an anti virus spray…. !!!
@ Bear Klein:
I don’t recall mentioning the Revolution in any meaningful way-if at all. What difference do irrelevant matters make? They came from the Russian and/or Russian influenced areas, and were hard, ruthless,guilty-even-if-innocent-dispose-of-enemies people The just followed OGPU/CHEKA practices 100% RUSSIAN
In 1894 MY family escaped from Latvia (a sthetl called Naira, Yiddish) now Jaunjelgava) and at age 8 the family had already destroyed my dear father’s eardrum, to avoid being chapped by the RUSSIAN EMPIRE “recruiters” !!
Before Hertzl’s “Der JudenStaat” !
Wasn’t Ben Gurion’s father taken away for the Russian Army when a kid and after a lifetime, remembered where had lived and was one of the very few who got back to his family ??Else there would’ve been NO Ben Gurion..
What about Arlosoroff, as an example…. Ben Gurion was his bitterest ENEMY.
But thanks for the education on the Russian Revolution I only have about 25 books on it- maybe I need a few more- I became interested when I read in the newspaper of the assassination of Trotsky in Mexico.
@ Sebastien Zorn:
That is a good debating article for the defense. That said, if one watches and listens to the video of the reenacting of the crime it is hard to believe he is not guilty.
@ Bear Klein:
Ben Gurion made aliyah in 1906 before there was a Russian Revolution and before there was a Soviet Union.
Russian Revolution started in 1917 and concluded in 1923.
@ Edgar G.:
You said: “There were more from the Soviet Era and ex Russian areas: still heavily influenced.”
This means that in your opinion “those who came from the Soviet Era and ex Russian areas” bring with them “totalitarian/Stalinist” thinking.
I didn’t want to start arguing with you about this notion which to me wasn’t worth arguing about.
INSTEAD of arguing with you I decided to point out to you that without the “Russian and Soviet” Jews modern Israel simply WOULD NOT EXIST, no matter their alleged “Stalinist” proclivities.
If you claim that you only mean the years AFTER Herzl died (he was born in 1860 and died in 1904), then why do you mention Ben Gurion (1886-1973) who at the age of 14 (year 1900) started a youth club promoting aliyah and Chaim Weitzmann (1874-1952) who became active in Hovevei Zion while still in high school (around 1888-89)?
Granted, they were active for a long time AFTER Herzl died but they started out in Zionism BEFORE Herzl died.
Ben Yehuda (1858-1922) was active for 18 years AFTER Herzl died but he made aliyah in 1881 – long before Herzl died and he was actually 2 years older than Herzl.
The draining of the swamps took place after 1920 (AFTER Herzl died) during the Mandate.
Perhaps you should try thinking of a more precise cutoff point between the “Stalinists” and the “freedom lovers” in Israel.
@ Reader:
It has nothing to do with Hertzl- I AM talking about years after Hertzl died- This is your usual modus operandi- You dispute a post, and right away after receiving an answer you change the direction bringing in extraneous items- It seems you just like to disagree with everything and everyone-
I wonder if-when you were born did you immediately take a dislike ti the new surroundings and try to persuade the doctor to reverse the process ???? !!
@ Edgar G.:
“from the Soviet Era and ex Russian areas” The only thing I can answer to that one:
If not for “Russian” Jews who were the only ones to respond en masse to Herzl’s call to settle the Land of Israel and to establish a Jewish state there, it would still be Palestine as described by Mark Twain and whose major soil types were swamps, sand, and soils so full of salt that nothing could grow there (the “Russian” Jews had to wash the soil out by hand and put it back), and whose inhabitants routinely suffered from malaria and cholera; Eliezer Ben Yehuda (the “uncivilsed Belorussian”) lost 3 children out of his 5 in a couple of weeks to diphteria;
also, if not for the “Soviet” Jews who were engineers, teachers, doctors, dentists, mathematicians, computer programmers, etc., Israel would have never become a technology/high tech wonder it is today.
In addition, I still remember how in the mid-80’s the Arabs were rejoicing that “the Arab woman’s womb” won the demographic war for them – the huge influx of the “Soviet” Jews put an end to that.
Where is the huge influx of the “civilised” Jews who will finally teach the “Stalinist” population the true democracy?
@ Reader:
You can loook them all up and the internet- Ben Gurion was born in Plonsk Poland Weitzman born in Belarus, both then the Russian Empire There were more from the Soviet Era and ex Russian areas: still heavily influenced , But I have a balky computer it’s easier for you. But why bother ??? The OGPU-KGB stench defiles this “investigtion” (I exclude Weitzman-he was civilised and a gentleman)
@ Bear Klein:
@ Sebastien Zorn:
I am not the one who needs luck. I did not get convicted of murder of three people.
When I watched the video of the Amiram Ben Uliel, reenacting the crime I believe I see why the the 3 judges say he committed the crime charged and convicted him of murder. http://www.israelnationalnews.com/News/News.aspx/280453
If you know Hebrew watch the video and come to your own conclusion.
@ Bear Klein:
Right, the Supreme Court. Good luck with that.
@ Sebastien Zorn:
We will see what the Supreme Court says about this highly explosive case, I assume.
@ Bear Klein:
https://www.timesofisrael.com/court-quashes-minors-confession-extracted-via-torture-in-duma-terror-case/
“The judges wrote that the consistent use of torture by the Shin Bet investigators against the minor over four straight days made any admission of guilt offered during breaks in the “necessary interrogation” invalid.
A right-wing Jewish activist protests outside a court hearing in Petach Tikva, on the matter of the Jewish youth arrested for involvement in a July arson attack in the West Bank village of Duma, December 28, 2015. (Photo by Flash90)
However, confessions he gave after that four-day period of torture in which he admitted involvement in six other hate-crime attacks targeting Palestinian villages were ruled admissible by the court.”
So, statements he made while being tortured were deemed invalid but statements he made right after, in fear of being tortured again, were deemed valid. What kind of ridiculous kangeroo court is this? This is the kind of justice I would expect in a Muslim or Communist country.
I remember reading about it at the time. It was carried out in the dead of night in the middle of a village they would have had to walk through without waking anybody up. The Hebrew was mispelled. The same family was targeted in another city they fled to, by Arabs. It was a feud between Arab clans. The Shin Bet is politicized on the Left they way the FBI and CIA are here.
From June 2018: Court quashes minor’s confession extracted under duress in Duma terror case
Prosecution suffers major blow in case against teen accused of helping plan firebombing, but confession of adult suspect after torture by interrogators largely ruled admissible https://www.timesofisrael.com/court-quashes-minors-confession-extracted-via-torture-in-duma-terror-case/
Bennet was on the wrong side of this. Tha’ts why I don’t really trust him. Bennett at odds with Bayit Yehudi over Duma arson investigation https://www.ynetnews.com/articles/0,7340,L-4744280,00.html
@ Edgar G.:
Here is what the court said in regards to your speculative comment that how did the court know if his reenactment of the crime was accurate or true.
@ Edgar G.:
I assume you know Hebrew after living in Israel for 15 years. If yes did you watch the video of Amiram Ben Uliel, walking through the crime scene and reenacting the crime and explaining what he did?
http://www.israelnationalnews.com/News/News.aspx/280453
Does it not make you believe that he very very very likely burned down the house in Duma and killed people? I see why the judges ruled guilty.
@ Edgar G.:
“inalienable RIGHTS” That seems to have ended with COVID-19. Also detention without trial is apparently legal now in the US, at least in some cases.
@ Edgar G.:
“Israeli “justice” ever since it was re-established -by former Soviets citizens” Could you tell us more about this? With the names of the “former Soviet citizens”?
@ Edgar G.:
Sometimes a post will go into “moderation” after being displayed for a few minutes which makes it disappear until it is released.
Could this be the cause of the “miracle”?
Israel’s law is a mixture of the Ottoman, British Mandate, and 20th century German law with some later Israeli modifications.
The only two countries, as far as I know, where a confession is not accepted without evidence are Great Britain and the United States. In the US specific legal requirements depend on the law of each state (in some states the evidence is allowed to be pretty flimsy).
From the Internet info, it seems that the way they zeroed in on this guy is by rounding up “the usual suspects”, i.e., several young settlers who were known for their radical views and behavior, so it looks like they didn’t have much to go on other than a confession.
Who knows? It is possible that he is guilty. If you know you are completely innocent – why confess?
Couldn’t he say in court “I withdraw my confession, it was obtained under duress/torture?”
Something odd going on- I just saw a post that positively had disappeared, and about which I remarked, after a careful search, is now back- And they say there are no miracles-
So please excuse my repetitions–I’m not going mashugga,
I’m getting fed up with my posts disappearing Please Ted -This is the first time I’VE experienced this for several years, I know you’re overworked, and apologise, but I had to “let off some steam”, as I put a lot into my this particular post-
@ Bear Klein:
My most profound apologies for butting in I believe that Adam is not talking about the Israeli injustice system as if he knows; but seems to be criticizing it-and rightly- by comparing it with the system he knows, the US Justice System, where accused have inalienable RIGHTS.
I agree with him, usually have, although there are times I don’t, when he goes off “half cocked”. He generally seems to put a lot of thought and highly literate arguments down, which I always enjoy reading-
I’ve myself, had the most cruel and crooked experiences of Israel’s “justice” system, swindled and cheated, robbed and THREATENED -by the Police…… even put in a cell with an Arab, AND I actually complained to The Minister of the Interior of that time, Yosef Burg…..( an old hard-line Socialist) who denied that they would “do such a terrible” thing. They fingerprinted me and frightened my 7 mths pregnant wife who was there with me with our 3 year old baby girl hanging on to her skirt- It was because of that experience that she was so determined to leave Israel for good. I couldn’t convince her otherwise, and we’d been there for many years, our children were all born there etc.
Even my lawyers neatly chiselled me out of $7000 (in advance) for doing nothing I could see. And I had many years of experience of lawyers, having studied law for 4 years and worked in a famous lawyer’s (later a Judge) office-
We all seem here to have been in the “law” business at some time in our lives….eh??
@ Adam Dalgliesh:
I agree 100%
@ Bear Klein:
If they didn’t know.. why d they s easily accept it as true, and not because of their many months of torture and promises of future “special interrogation” I guarantee that anyone who has suffered like he has, could EASILY, if shown the scene, make up a story fit to be on the screen – especially if more threats are hanging aver his wife and baby-
@ LIZ WATSON:
It has all the odour of the former Soviet Russian “confessions”. And this miasma has hung over Israeli “justice” ever since it was re-established -by former Soviets citizens- HARD men.
@ Bear Klein:
You mean “respectfully”….??? “respectively”, makes no sense…
l”ve just posted twice, and although printed, they then disappear. Likely this one as well.
What the heck…I see that this one is staying
@ Adam Dalgliesh:
It’s typical Stalinist socialism, from which Israel has never been able to shake itself away. I remember all the trials in which the innocent accused were confessing openly, even on camera- though they knew they were to be killed after.. Torture has that effect…
@ Bear Klein:
@ Bear Klein:
Since nether the court nor the Shabak was there how would they know that what Ben Uliel “reconstructed” was true. He has been tortured and threatened for many months and how would they know that he was not testifying under further threats of more “interrogation” also against his wife and child.
This confession was given whilst they brought him to the scene I guarantee that if I myself saw the place I could make up as good a story as would convince three leftist judges -on demand.
It is THIS kind of activity which still keeps Israel from becoming fully civilised and out from the shadow of “Socialism” where forced confessions were routine-and still are.
@ Bear Klein:
His reconstruction details were contested by the defense counsel, omitted from this report, 4 pilons that were in the vicinity and clearly visable not mentioned.
Jewish law does not allow confession at all and as an Am lawyer, I agree. Prove your case Mr DA.
@ LIZ WATSON:
I understand what you are saying but my comments to Adam are based on years of knowledge of him. I have asked to not to comment to me because I do not respect him and do not wish to answer his direct commentary.
Kindly, you are stepping in the middle of something and should respectively step aside.
I have spent my adult life back and forth in Israel and the USA. When I was young I worked in Criminal Justice in the USA and did some work in Israel associated with the security establishment. So I am familiar with both systems and Adam it has well been established in the past has no such background.
@ bear…..I read the give-and-take comments to learn. Please do not insult those who contribute. Just refute with facts, not opinions. I do not know anything about this case but I am suspicious when the prosecution has an agenda. Having worked in similar circumstances where confessions were obtained which contained ” guilty knowledge” I understand how easy it is for a team of prosecutors to successfully plant and then mine ” false memories.”
Ben Uliel released details of the crime the investigators had not know it is stated in the audio portion of the video of the link sited on the above link.
Video of recreation of murder of family.
http://www.israelnationalnews.com/News/News.aspx/280453
@ Adam Dalgliesh:
I will put my belief that judges are trying to find true justice and heard all the evidence. You may disagree that is okay, I find your knowledge and understanding of Israel and its justice system woefully inadequate to care about what you write about it.
Israel’s justice system is far from perfect but given that Israel lives in a state of on and off war it balances rights and security very well. If Israel’s system was like the US system there would be a terrorist on every corner 24/7.
The Israeli Supreme Court is very likely to hear an appeal in this case. I will be curious to hear what they will rule if that is the case.
Jewish hate crimes and vandalism are NOT terrorism
https://www.jpost.com/Opinion/Into-the-Fray-Jewish-hate-crimes-and-vandalism-are-NOT-terrorism-411406
Trivializing ‘terror’
https://www.jpost.com/Opinion/Into-the-fray-Trivializing-terror-412091
Why now? The hypocritical hullabaloo over Jewish ‘terror’ https://www.jpost.com/opinion/into-the-fray-why-now-the-hypocritical-hullabaloo-over-jewish-terror-412780
Duma, ‘dirty dancing’ & deeply disturbing detention
https://www.jpost.com/Opinion/Into-the-fray-Duma-dirty-dancing-and-deeply-disturbing-detention-439022
Presumption of guilt
https://www.jpost.com/Opinion/Into-the-fray-Presumption-of-guilt-440810
Duma-one year (and three arson attacks) later http://www.israelnationalnews.com/Articles/Article.aspx/19265
The forgotten fire?
http://www.israelnationalnews.com/Articles/Article.aspx/19862
“Terror”, tigers and tabby cats
http://www.israelnationalnews.com/Articles/Article.aspx/23257
Jewish ‘terror’ – A guide for the perplexed
https://www.jpost.com/opinion/into-the-fray-jewish-terror-a-guide-for-the-perplexed-441584
Israel has many virtues. Its doctors and nurses are among the best and most dedicated in the world. THey have done a better job than nearly any other country in containing the viral outbreak. Their EMS people, having had to deal with crisis first aid under difficult conditions for so long that they have become the world’s experts in it. Israel gives generous aid to underdeveloped countries. Israeli start-up companies are incredibly innovative and come up with ingenious solutions to all sorts of problems. They improvised ways to create ICUs, for example, and designed infection-proofed face masks and all sorts of powerful sanitizing devices to prevent the spread of infection.
However, none of this excuses the fact that Israelis have no civil rights that the police, prosecutors and the courts are bound to respect. In this respect, Israel has become a tyrannical dictatorship.
The long years in which Israel has had to defend itself against cruel and ruthless enemies aiming at genocide has made them insensitive to civil liberties. But they must wake up to the fact that the methods that they had come to use use on enemy terrorists, spies, scientists etc. should not be turned on each other.
@ Bear Klein:
He could easily “reconstruct” the crime if he was fed “cues” by his interrogators giving away what they thought had happened. He was brutally tortured. Even after the outright torture (allegedly) stopped, he was still denied access to a lawyer, or even visits by his parents and relatives. It’s been well documented that in the United States, some people have made false confessions under much less extreme duress. As for the “reconstruction,” all he had to do was follow the “hints” given by his interrogators during long hours of questioning over many days, as to what the interrogators thought he had done. Interrogators often give away their “theory of the case” by asking the suspect leading questions.
Once the police and the prosecutors decided to pin it on this guy because of his opinions and emaile dcomments to friends, which showed he was an “extreme” rightist, “all” the interrogators had to do was to instill enough pain and fear into the prisoner to get him to say and do whatever they pleased.
This is how they get confessions out of people in countries like Iran and Saudi Arabia.
Shame!!! Infamous!!! Israel is not a democracy. Citizens have no rights that the police, prosecutors and the courts are bound to respect. The “justice” system is obviously political in character, and seeks to impose the will of a minority even on elected officials, and even on prime ministers.
Only the 850 members of the Bar Association have a meaningful vote. Israel is not a democracy and does not have the rule of law.Israel is an oligarchy or “aristocratic republic.”
The Court ruled based on the following:
So the court based on the evidence that the accused was guilty. If he was not guilty how could he reconstruct the crime? A very logical deduction by the court. In other words the believed the suspect was guilty and convicted him unlike a US TV case!
Infamous!!! Yehuda Weinstein and Nachman Shai are dangerous criminals who should be prosecuted. All of the tortured Jewish defendants, and those convicted with evidence extorted by torture, should be freed immediately and their full civil rights restored.
Israeli citizens should have the same rights as American citizens, or at least something close to them. Torture of any kind, any sort of physical pressure to force a confession, should be strictly banned. A person’s declining to testify should not be held against him. The burden of proof should be on the prosecutors, not the defendant. All defendants should have access to a lawyer immediately. They should not have to answer interrogators questions if they choose not to. They should be informed of their rights immediately after arrest (“mirandized.”). They should have the right to a speedy trial, and reasonable bail.
Non-citizen residents of the administered areas, Jerusalem, and states or other “entities” (such as the PA and Hamastan) at war with Israel or without diplomatic relations with Israel should not have all of these rights. But torture or so-called “enhanced interrogation” (a euphemism for toture) should not be used even on these suspects. There are other ways, I am convinced, of identifying their co-conspirators. Of course they should be barred from receiving any money from the PA, as should their relatives. They should be held as long as they are considered dangerous, without trial, at least if there is “probable cause” to suspect them of being involved in terrorist acts or harboring terrorists.