DATE=1/13/99 TYPE=CORRESPONDENT REPORT NUMBER=2-244119 TITLE=ISRAEL/TORTURE (L-ONLY) BYLINE=DAVID GOLLUST DATELINE=JERUSALEM CONTENT= VOICED AT: INTRO: ISRAEL'S HIGH COURT OF JUSTICE WEDNESDAY BEGAN A REVIEW OF INTERROGATION TACTICS BY ISRAELI SECURITY SERVICES -- MAINLY APPLIED TO PALESTINIANS -- THAT HAVE WIDELY BEEN CONDEMNED BY HUMAN RIGHTS GROUPS. V-O-A'S DAVID GOLLUST REPORTS FROM JERUSALEM. TEXT: THE HIGH COURT'S REVIEW OF TACTICS BY ISRAEL'S SHIN BET SECURITY SERVICE BEGAN A DAY AFTER A SCATHING "AMNESTY INTERNATIONAL" STATEMENT SAID ISRAEL IS THE ONLY COUNTRY IN THE WORLD TO ALLOW WHAT AMOUNTS TO "LEGALIZED TORTURE" BY ITS POLICE. ISRAEL DOES NOT CONTEST REPORTS THAT SHIN BET AGENTS HAVE USED TACTICS SUCH AS VIOLENT SHAKING, SLEEP DEPRIVATION, CONFINEMENT IN TINY SPACES, AND EXPOSURE TO HEAT AND COLD IN THEIR INTERROGATIONS OF MAINLY-PALESTINIAN SECURITY SUSPECTS. BUT IT DENIES THAT THE USE OF OF PHYSICAL PRESSURE ON PRISONERS IS SYSTEMIC, AND SAYS IT IS ONLY APPLIED IN SO-CALLED "TICKING BOMB" CASES IN WHICH IT IS IMPERATIVE TO EXTRACT INFORMATION TO AVOID LOSS OF LIFE. ISRAELI GOVERNMENT SPOKESMAN MOSHE FOGEL INSISTS THE USE OF WHAT IS TERMED "MODERATE PRESSURE" IN INTERVIEWING TERROR SUSPECTS DOES NOT AMOUNT TO TORTURE: ///FOGEL ACTUALITY/// TORTURE IS ILLEGAL IN ISRAEL. THERE IS NO EXCUSE AND THERE IS NO WAY THAT ANYONE CAN EMPLOY TORTURE OR TACTICS WHICH INVOLVE TORTURE IN INTERROGATIONS, EVEN WITH WANTED TERRORISTS. WHAT IS ALLOWED, IN CERTAIN UNIQUE, EXTREME CIRCUMSTANCES -- WHAT WE CALL "TICKING BOMB" SITUATIONS -- IS MODERATE PRESSURE. AND EVEN THEN, ONLY IN UNIQUE CIRCUMSTANCES. //OPT// AND THEN THERE IS A VERY VERY SEVERE GUIDELINE FOR THE INTERROGATOR ON WHAT HE CAN AND CANNOT DO. // END OPT// ///END ACT/// THREE ISRAELI HUMAN RIGHTS GROUPS HAVE BROUGHT THE ISSUE OF SHIN BET INTERROGATIONS TO THE HIGH COURT, WHICH HAD PREVIOUSLY SAID THE ISRAELI PARLIAMENT -- THE KNESSET -- SHOULD HANDLE THE MATTER. IN THE INITIAL HEARING WEDNESDAY, ISRAELI JUSTICE MINISTRY OFFICIALS SAID, AMONG OTHER THINGS, THAT POLICE TACTICS THAT NORMALLY WOULD BE CONSIDERED ILLEGAL ARE JUSTIFIED IN EXCEPTIONAL CIRCUMSTANCES. BUT EITAN FELNER, EXECUTIVE DIRECTOR OF THE ISRAELI HUMAN RIGHTS GROUP "B'TSELEM," SAYS THE PROBLEM IS THAT THE USE OF PHYSICAL COERCION IS BY NO MEANS AN EXCEPTION FOR SHIN BET AGENTS: ///FELNER ACTUALITY/// WE'RE NOT TALKING ABOUT JUST EXCEPTIONAL CASES. ACCORDING TO OUR DATA, WE'RE TALKING ABOUT AT LEAST 850 PALESTINIANS A YEAR THAT ARE TORTURED. THE LATE PRIME MINISTER RABIN, A FEW MONTHS BEFORE HE WAS ASSASSINATED SAID PUBLICLY IN A RADIO INTERVIEW ON KOL (THE VOICE OF) ISRAEL THAT EIGHT THOUSAND PALESTINIANS WERE SUBJECTED TO THE METHOD OF INTERROGATION OF SHAKING. SO THIS IS NOT EXCEPTIONAL CASES. THIS A PATTERN. ///END ACT/// MR. FELNER SAID "SHIN BET" EMPLOYS METHODS OF TORTURE AGAINST MORE THAN 80 PER CENT OF THE PALESTINIANS IT INTERROGATES. HE SAID MOST OF THE DETAINEES SUBJECTED TO ABUSE AS SO-CALLED "TICKING BOMB" SUSPECTS ARE RELEASED WITHOUT ANY CHARGES BEING FILED -- INDICATING THEY ARE INNOCENT OF ANY CRIME AND HAD NO VITAL INFORMATION TO GIVE THE AUTHORITIES. /// BEGIN OPT /// ISRAELI GOVERNMENT SPOKESMAN FOGEL SAID ISRAEL'S HUMAN RIGHTS DETRACTORS ARE USING A DOUBLE-STANDARD AND THAT A COUNTRY UNDER SIEGE FROM WOULD-BE TERRORISTS CANNOT BE EXPECTED TO BEHAVE LIKE A WESTERN COUNTRY WITH NO EXTERNAL THREATS: //OPT// ///SECOND FOGEL ACTUALITY/// WHAT REALLY UPSETS US THAT THERE ARE TWO STANDARDS BEING APPLIED HERE, EVEN BY AMNESTY (INTERNATIONAL). WHAT I HAVE TO TELL YOU IS THAT WESTERN DEMOCRACIES, IN SIMILAR SITUATIONS TO THAT WHICH ISRAEL FINDS ITSELF, HAVE USED SIMILAR METHODS. AND I THINK THAT THE PROPER STANDARD TO JUDGE ISRAEL IS, OF COURSE, BY WESTERN STANDARDS -- BUT WESTERN STANDARDS WHICH APPLY IN WARTIMES. IT STRAINS NOT JUST FAIRNESS, BUT LOGIC TO ASK ISRAEL, WHICH HAS KNOWN ONLY WAR FOR 50 YEARS OF ITS EXISTENCE, TO ACT LIKE A WESTERN COUNTRY AT PEACE. ///END ACT/// B'TSELEM'S EITAN FELNER -- HOWEVER -- SAID OTHER COUNTRIES HAVE MANAGED TO UPHOLD HUMAN RIGHTS STANDARDS WHILE CONFRONTING TERRORISTS. HE SAID THAT WHILE ISRAELI OFFICIALS DRAW A PARALLEL BETWEEN THEIR FIGHT AGAINST PALESTINIAN TERROR AND BRITAIN'S STRUGGLE IN NORTHERN IRELAND, BRITAIN DID NOT MAKE ABUSE OF PRISONERS THE NORM: /// OPT /// ///SECOND FELNER ACTUALITY/// THEY SAY, WELL ANY COUNTRY THAT'S UNDER SIEGE OR HAS PROBLEMS OF TERRORISM USES TORTURE. WELL THIS IS PLAINLY A LIE. IT'S PLAINLY NOT TRUE. IF YOU LOOK FOR INSTANCE ON THE CASE THAT WAS BROUGHT TODAY OF GREAT BRITAIN. BUT THE CASE THAT WAS BROUGHT WAS ABOUT WHAT GREAT BRITAIN USED TO DO IN NORTHERN IRELAND IN THE 1970'S. SINCE THEN MANY YEARS HAVE PASSED AND, UNFORTUNATELY, THERE HAVE BEEN ALSO TERRORIST ATTACKS ALSO IN LONDON OR OTHER PLACES. AND THERE HAVE BEEN CERTAINLY SOME CASES OF TORTURE OR MISTREATMENT. BUT IT'S NOT AN INSTITUTION. ///END ACT/// //END OPT// ISRAELI HUMAN RIGHTS ADVOCATES ARE EXPECTED TO MAKE THEIR CASE TO THE HIGH COURT IN THE NEXT FEW WEEKS, BUT IT IS UNCLEAR WHEN OR IF THE JUDGES WILL MAKE A RULING. //REST OPT// AMNESTY INTERNATIONAL SAYS THE COURT SHOULD NOT FURTHER POSTPONE THE CASE -- NOR SHOULD IT "PASS THE BUCK" TO THE KNESSET OR RULE IN FAVOR OF PRACTICES AMOUNTING TO TORTURE. (SIGNED) NEB/DAG/PCF/GE 13-Jan-99 9:54 AM EST (1454 UTC) NNNN Source: Voice of America .