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FBI Memo: Summary of the Judgment Concerning the Legality of the GSS' Interrogation Methods

| ACLU-RDI 2927
Summary of an Israeli Supreme Court ruling (downloaded from www.court.gov.il) by Supreme Court President Aharon Barak, holding that the General Security Service (GSS) is not authorized to employ certain investigative methods that involve the use of physical pressure against a suspect. Methods disavowed include: the shaking of a suspect; holding him in particular positions for a lengthy period; and sleep deprivation. GSS investigators could, however, potentially avail themselves of a "necessity" defense if facing criminal charges for the use of prohibited interrogation methods. Still, "the necessity defense does not constitute a basis for authorizing the infringement of human rights." Justice Y. Kedmi wrote separately to suggest that the Court's order be suspended for one year, during which time GSS members "could employ exceptional methods in those rare cases of 'ticking time bombs,' on the condition that explicit authorization is given by the Attorney General."