HCJ 11447/04 HaMoked: Center for the Defence of the
Individual et al. v. The Attorney General et al.
Judgment
Judgment | Judgment / Supreme Court | 14.06.2005
HCJ 11447/04 HaMoked: Center for the Defence of the
Individual et al. v. The Attorney General et al.
Judgment
In a short judgment, the High Court of Justice denied two petitions against the decision not to investigate thoroughly complaints of Palestinians who were tortured and held in inhuman conditions during their interrogation in Facility 1391. Despite the severity of the acts, allegedly conducted in a secret and unsupervised facility, and notwithstanding other testimonies describing similar acts, the justices decided not to interfere with the respondents' discretion and not to examine seriously and profoundly the contentions raised in the petitions. The court felt that the process in which the decision was made not to open a criminal investigation was proper, and gave great weight to the respondents' contention that the complaints’ credibility was poor.
In a short judgment, the High Court of Justice denied two petitions against the decision not to investigate thoroughly complaints of Palestinians who were tortured and held in inhuman conditions during their interrogation in Facility 1391. Despite the severity of the acts, allegedly conducted in a secret and unsupervised facility, and notwithstanding other testimonies describing similar acts, the justices decided not to interfere with the respondents' discretion and not to examine seriously and profoundly the contentions raised in the petitions. The court felt that the process in which the decision was made not to open a criminal investigation was proper, and gave great weight to the respondents' contention that the complaints’ credibility was poor.
