Israel rejects torture claims in Zygier case

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The Sydney Morning Herald

World

Date

February 18, 2013 – 10:10AM

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Ruth Pollard

Middle East Correspondent

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He got all the things he was entitled to in the due process of law, everything. Lawyers, family, visits, court, supervision of the court, everything.

‘He got all the things he was entitled to in the due process of law, everything. Lawyers, family, visits, court, supervision of the court, everything’.

ISRAEL has defended its actions in the case of Ben Zygier, the Australian citizen who died in its custody, rejecting allegations he was tortured and committing to releasing a judge’s report into his death in coming days.

Israel’s Parliament announced yesterday it would also conduct what it called an “intensive” inquiry into the arrest and death of Mr Zygier.

“The intelligence subcommittee of the (Knesset) foreign affairs and defence committee decided to hold an intensive inquiry into all aspects of the affair of the prisoner found dead in his cell,” the committee spokesman, Asaf Doron, said in a statement.

We are not like other countries ... we are more threatened and face more challenges ... Israeli Prime Minister Benjamin Netanyahu, centre.

“We are not like other countries … we are more threatened and face more challenges” … Israeli Prime Minister Benjamin Netanyahu, centre. Photo: AFP

He gave no further details.

In his first public comment on the death of Mr Zygier, Israel’s Prime Minister Benjamin Netanyahu defended the country’s security services and warned that “the over-exposure of security and intelligence activity could harm, sometimes severely, state security”.

“We are not like other countries … we are more threatened and face more challenges; therefore, we must maintain proper activity of our security agencies,” he said after the government’s weekly cabinet meeting on Sunday, describing the security forces as operating with “endless dedication and commitment” to Israel’s safety.

As is the norm in Israel’s criminal justice system, Mr Zygier, did not have the support of his legal team when he was being questioned over what are believed to be treason charges.

The State Attorney’s office, located in the country’s Ministry of Justice, has been charged with conducting the investigation into whether negligence on the part of Israel’s prison authorities contributed to Mr Zygier’s death. That means the organisation responsible for deciding to arrest and indict the Australian and who oversaw his secret trial and the conditions of his incarceration will decide whether his suicide in custody – purportedly under the 24-hour surveillance of prison service guards – was a result of negligence. A senior Justice Ministry official – speaking on condition of anonymity – told Fairfax Media there was no conflict of interest in the investigation, saying that if negligence led to Mr Zygier’s death, people would be held responsible. ”The Ministry of Justice was not guarding him, this is the office of internal security – these are two different offices,” he said.

The official denied reports that the government had agreed to pay compensation to Mr Zygier’s family.

Mr Zygier, 34, was found dead on December 15, 2010, in his isolated maximum security cell in Ayalon Prison, 10 months after being arrested by Israel’s internal security service, Shin Bet. ”Somehow he succeeded to kill himself and maybe that is part of the negligence,” the Justice Ministry official said. ”His cell was inspected quite thoroughly, I do not know what happened in the minutes that he killed himself, maybe a guardian didn’t pay enough attention.”

District court president Daphna Blatman Kedrai’s inquiry into his death was finalised six weeks ago. She found the prisoner had died from suicide and referred the case back to the State’s Attorney’s office for further investigation.

Israel has not revealed what crime Mr Zygier is accused of committing, however Strategic Affairs Minister Moshe Ya’alon told Channel 2 on Saturday night that he was jailed for offences that threatened the security of the state of Israel.

Meanwhile in Australia, Kevin Rudd, who was prime minister when Mr Zygier was arrested, urged the government to respond robustly to the detention and apparent suicide, revealing he was ”deeply surprised” when news broke that the Melbourne man was the notorious ”Prisoner X”.

Foreign Minister Bob Carr said Israel had been asked to contribute to a DFAT report into the death.

With Judith Ireland and AFP

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