HCJ 2150/96 - Harizat et al. v. The Attorney General et al. Petition for Order Nisi

HaMoked's petition against the state's failure to bring to justice the interrogators of a Palestinian who was tortured by shaking during his ISA interrogation, and died as a result. Only one of the deceased's interrogators was brought to justice – through a disciplinary hearing - for deviating from the correct technique of shaking, which was permitted at the time by ISA protocol. He was later sentenced to a warning, and returned to his role in the ISA. The respondent claimed there was nothing in the evidence that proved a causal relationship between the manner of interrogation of the deceased and his death. HaMoked claims that the fact that it cannot be determined which of the interrogators caused the man's death, is not legally relevant, and the interrogators cannot justify these actions through necessity. See linked items.