in Israeli Law

Israeli penal law contains two relevant provisions on the use of force by public officials and the admissibility of evidence obtained by force.

A. Use of force by a public official: Section 277 of the Penal Law clearly prohibits the use of force by a public official: "A public servant who does one of the following is liable to imprisonment for three years: (1) uses or directs the use of force or violence against a person for the purpose of extorting from him or from anyone in whom he is interested a confession of an offense or information relating to an offense; (2) threatens any person, or directs any person to be threatened, with injury to his person or property or to the person or property of anyone in whom he is interested for the purpose of extorting from him a confession of an offense or any information relating to an offense."

B. Admissibility of evidence obtained by force: Section 21 of the Evidence Ordinance provides: "Testimony of the accused's confession of having committed an offense shall be admissible only if the prosecutor presents testimony concerning the circumstances in which the confession was made, and the court finds that the confession was made voluntarily and of free will."

Israeli law contains other limitations on obtaining confessions and on methods of interrogation. Criminal law: Section 277 of the Penal Law, mentioned above, makes it a criminal offense to use force during interrogations. Civil law: sections 23 and 25 of the Torts Ordinance define personal or emotional injury caused to a suspect as an assault; administrative law requires GSS interrogators, like other public officials, not to exceed their lawful authority.