Shabak Torture Nothing New

Israeli rights group accuses Shin Bet of using torture despite High Court ban

Shin Bet says information obtained in interrogations prevents terrorism and saves lives.

The High Court of Justice declared torture illegal in 1999, but according to an NGO, the Shin Bet (Israel Security Agency) never stopped using torture as an interrogation tool.

The Public Committee Against Torture in Israel told The Jerusalem Post that the famous 1999 ruling was a positive turning point, but that the state and the Shin Bet have interpreted that ruling in a way that has led to “less brutality, but not less torture.”

PCATI announced last week that the Israel Prison Service had placed Palestinian minors suspected of crimes in outdoor cages during the height of the winter storm. (Justice Minister Tzipi Livni confirmed and eventually stopped this mistreatment.) In the wake of this revelation, the NGO spoke to the Post about some of its recent major activities and its view of changes the state is making in its treatment of Palestinian detainees.

The Shin Bet, meanwhile, denied it had committed torture or taken improper actions with detainees. It said all of its actions were consistent with Israeli law, court rulings and international law, and carried out under the close supervision of the attorney-general, the courts, detainees’ lawyers and visits from the International Red Cross.

PCATI gave an overview of what it considers progress, albeit incomplete, in what it called a battle against torture and human rights violations by the Shin Bet and, to a lesser extent, other arms of law enforcement.

The NGO said that whereas it views the 1999 High Court decision as “declaring torture illegal,” the Shin Bet has interpreted the decision as declaring that “anything not specifically prohibited is permitted” in a much more unqualified manner than there had been prior to the ruling.

The state’s interpretation finds its basis in the court’s discussion of a “ticking bomb” scenario as an exception to its declaration that torture is illegal.

Following the ruling, the state started declaring more and more detainees whom it interrogated to be potential ticking bombs, and has significantly over-expanded the envelope originally intended by the court, PCATI said, though it added that the court also has turned a blind eye.

Examples of alleged torture or human rights violations used following the 1999 ruling (some of which have since been stopped or curtailed) that PCATI gave included: shaking detainees, forcing them to sit in a “frog” position with their body bent into difficult positions, sitting in a chair designed to pressure the spine with hands tied behind the chair in a way that pressures other parts of the body, constantly blasting loud music at detainees and sleep deprivation.

Other demeaning complained-of behaviors include urinating and spitting on detainees.

The question of which “enhanced interrogation measures,” of those listed or otherwise, are considered “torture” by international law is hotly debated. What some consider torture, others consider to be abuse that is short of torture, or measures vital for collecting intelligence to save lives.

Regarding sleep deprivation, PCATI accused the Shin Bet of being “smart” about its flouting the law and taking advantage of the fact that only sleep deprivation for the sake of deprivation is illegal, not sleep deprivation indirectly caused from an extended interrogation.

PCATI said that the Shin Bet had interspersed interrogations with “breaks” to achieve extended sleep deprivation while being able to claim that everything it was doing was related to the interrogation.

Following various petitions to the High Court, some as recent as 2010, PCATI said that some of these techniques have been curbed. There are now prohibitions on constant blasting of loud music, and on use of the chair which pressures the spine, PCATI said, and the hands of detainees are now tied to the sides of their chairs, instead of behind their backs, and somewhat more loosely.

Another tactic that the organization said it had succeeded in rolling back through the courts was threats to rape and torture the family members of detainees.

Beyond rolling back tactics though, PCATI said that Shin Bet agents are never held accountable, noting that since 2001, out of 800 complaints filed with the Shin Bet, not a single one led to even opening a criminal investigation, let alone an indictment or a conviction.

A 2010 Justice Ministry report and the 2012 quasi-state Turkel Commission’s second report both sounded similar notes to PCATI, stating that the Shin Bet had not been investigating itself sufficiently (though the commission gave the IDF much higher marks for self-investigating).

Pressed as to why the NGO would believe detainees, some accused of serious crimes, over Shin Bet agents, who are tasked with defending national security, a PCATI spokesman admitted that it does not always know whether detainees’ complaints are truthful. He said, however, that the group often rejects following up on complaints if it appears that the detainee who made them might have acted violently in custody.

Also, PCATI said that it uses forensic evaluations, including psychological and medical professionals trained in the Istanbul Protocol, to evaluate the trustworthiness of detainees whose cases for physical abuse it follows up on.

The Shin Bet responded that “every interrogated detainee can complain directly or through others regarding the manner of his interrogation, and many do. Every complaint is checked seriously by the official responsible for checking detainee complaints and who is exclusively guided by a prosecutor from the State Attorney’s office.”

The Shin Bet added that “information obtained in Shin Bet interrogations facilitates frustration and prevention of murderous terror actions, and many Israeli civilians owe their lives to these actions.”

Another complaint from PCATI is that even as the state is providing slightly more of an explanation when it refuses to indict an agent for allegedly abusing a detainee, the explanations are still extremely delayed and inadequately succinct.

The NGO said that before, “it took five years to get a two-line answer,” and now, “it takes one year to get a four-paragraph answer with no supporting documents.”

On a recent complaint, PCATI said that essentially all it was told was that when the detainee said his interrogator hit him, the interrogator denied hitting him.

The spokesman asked rhetorically: “Who should I believe is lying? What kinds of questions were asked and was the questioning of the agent serious and independent?” PCATI expressed some cautious optimism that with the creation of a new, more independent department within the Justice Ministry in June 2013 to investigate complaints against the Shin Bet (following the recommendation of the Turkel Commission), there would be a change.

It complained that as of December 2013, it had still not received any formal updated responses to inquiries on several cases, despite assurances of receiving responses by October 2013. However, it said it was a good sign that it had recently had a “positive and constructive informal” meeting with Col. (res.) Jana Modgrashvili, head of the Justice Ministry’s new department.

The Justice Ministry said that as the Shin Bet complaints department is “still at the stage of being established,” it is “expected to be complete soon and is not yet operating at full capacity.”

Also on the positive side, PCATI noted a new practice in which it sometimes gets to “review uncensored material prior to having to file an appeal, setting a new legal precedent, and according to [a] declaration from the Justice Ministry’s High Court petitions division, represents a change in policy.”

Another major issue that PCATI has worked on recently surrounds a July 2013 report focusing specifically on allegations of torture and human rights violations against female Palestinian security detainees.

The report said that the Palestinian security detainees’ testimonies “paint a grim picture of the conditions under which” they are “imprisoned and interrogated,” citing “inferior conditions of imprisonment, violence in interrogation” and other issues.

But the report said that in addition, Palestinian female prisoners face “violations derived solely from their womanhood: the exploitation of aspects of their culture for the purpose of humiliation, failure to provide for their hygienic and medical needs and injury to their religious sensitivities.”

Next, the report alleged that the Prison Service’s rules regarding security prisoners lack certain basic explicit safeguards for Palestinian female prisoners’ rights, and that even those safeguards which are stated in writing are not enforced.

The report demanded that Israel uphold the 2012 Bangkok Rules for the treatment of women prisoners and the UN’s Standard Minimum Rules for the Treatment of Prisoners, as well as adopting gender sensitive guidelines.

More specifically, the report recommended that the state allow Palestinian female prisoners to file complaints with the international Committee Against Torture and increase access for international observers.

Other specific complaints were religiously grounded. These included female detainees needing to shower in the men’s wing of the prison, being forced at times to wear pants and to not have a head-covering, having insufficient availability of hygienic pads and problems with needing to request more from male guards, as well as insufficient medical equipment for pregnant women.

Despite repeated requests, PCATI did not provide information about any of the concrete charges against the security prisoners, protesting that treatment should be divorced from the charges and making a general reassurance that the worst of the group had stabbed people, but were not “ticking bombs.”

While some might agree with PCATI that women’s human rights in prison are unrelated to their crimes, others might have less sympathy for the sensitivities of dangerous security prisoners and improper treatment of female detainees is an even newer niche in the international debate on defining “torture.”

The Israel Prison Service responded that it “waves the flag of the value of human life and dignity in its treatment of prisoners and detainees.”

It added that all of its actions are “consistent with international conventions and even go beyond” in terms of humane treatment.

As to certain specific allegations, it said some “relate to very old incidents, some relate to security policies in place in IPS detention centers and some are being addressed on an ongoing basis.”

A group of PCATI workers also wanted to emphasize that “We aren’t a bunch of anti-Israel looney-tunes like Im Tirzu portray us. We are within a consensus of people extremely worried” about democracy in the country.

From JPost, here.

God Pleads With Us: Move To Israel!

So, how was your shavuot night?

 Seforim posts a very interesting story about an experience Rav Yosef Karo, author of the Shulchan Aruch, had while staying up all night on Shavuot:

 

R. Karo stayed up all night and was studying with his student R. Shlomo Alkabtz (author of Lecha Dodi) and the following occurred:

Rav Yosef Karo and I agreed to stay up all night on Shavuot… we did not sleep for one minute… and when we began to study the Mishna.. we heard the voice of the Divine Presence, [with a feeble voice] speaking through Yosef Karo: ‘May you be blessed; return to your studies, do not stop for one minute, and go to Eretz Yisrael… Do not have pity on your vessels [material goods], because you will be sustained by “the upper realms”… so hurry to Eretz Yisrael, because I will be your sustainer, and I will provide for you and the peace of your house.’ And we all raised up a great cry of joy, when we heard the Divine Presence, her voice pleading with us…

Thus, feel the Divine and give Him honor… and God will cause your hearts to merit becoming one with the Holy Land, to work it together, Amen.

Well, I must admit my experience was not QUITE like that. Still, I second the motion regarding moving to EY!

From Chardal, here.

השגות על היתר גילוי שיער של הרב יוסף משאש

הראוני תשובה מפורסמת להתיר לנשים נשואות לגלות את שערן ברשות הרבים בזמן הזה, מאת הרב יוסף משאש. כעת גם יצא תרגום חדש של התשובה לאנגלית באתר FORTHODOXY כאן, במטרה ללמוד ממנה הלכה (לא למעשה). להלן תגובתי:
ראשית, ללמוד מתשובה שנועדה לעשות שלום ואיכפל ללמד זכות אינו מן המידה. והרי יש תשובות להתיר עירובין תמוהים, איסור חדש, ביטול כמה מצוות, נעלי עור בת”ב, “שטר שבת”, וכו’, אך לא משם מתחילים את דרישת האמת. ואמנם יתכן שיש מרגניתא תותה בספרים או תשובות שנכתבו מתוך לחץ וליחידים, אבל יש לבכר מחוסרי ההנחה שאם נהגו כלל ישראל איזה דבר, ודאי יש היתר, מה שאינו. (ואין לדחות מלשון התשובה הבוטח, כי בא להרגיע.) והרי כתב בעצמו שתוכחות לא הועילו. ובכל התשובה כותב דברים נגד כל הראשונים וכל הפוסקים כולם, ואין זה הלכה למעשה. וכל התשובה הזו נוגעת רק לסוגית דומה ובת דומה, סוטה כ”ז א’.
ואכן, תשובה זו של “לימוד זכות” בעלמא תמוהה בכל פינה, אף שהרב משאש עצמו ירא וחכם.
בעניין רש”י, לפי שני הפירושים לא מוזכר כאן היתר לגלות בזה”ז לא מדאורייתא ולא בדת יהודית. המנהג לא משנה דבר, אלא בטלה דעתם. הגע עצמך, האם לפי הרב משאש אם מהרה יבנה המקדש לא יפרע הכהן את הסוטה?! האמת היא, שעצם מה שמגלים ראשה כדי לנוולה בפריצות היא חרפה גדולה, כמו שאמרו בבא קמא “מיכלמו ליה ומיכלם”, שהוא בזיון גם לאשה זאת שעשתה להתנאות בפני בועלה. ואין שום סתירה בין מה שרואים בגילוי שיער יופי, כמו שהוא האמת, ואדרבא היא הנותנת, שזהו היופי שאסרה תורה, ושהיה בלב הנשים לגלותו רק בבית, עד שפרצו וגילוהו גם בחוץ בעבירה.
לפי פירוש ראשון ברש”י כתובות, עושים לה כך לנוולה בפריצות, כי ערוה היא חרפה “חוץ למקומו”, כמפורש בכמה מקראות, וטבע אנוש לא משתנה לעולם. ולפי פירוש אחרון, הלא היה בזמן כתיבת התורה מנהג ברור לכסות שערן לריחוק מעריות, ואחר כך באה התורה וקבעה מנהגן למחייב מדאורייתא. והרב אין לו אפילו תנא דמסייע אחד מבין האחרונים או הראשונים, ורש”י גופיה סיים “וכן עיקר” על פירוש בתרא. “דרך בנות ישראל” מועיל לתת שיקול לחז”ל רק להחמיר בכיסוי קלתא במקום המתאים, אבל לא לנו להקל כרצוננו. ודברי רבי עקיבא לא נוגעים לכאן, דהתם דיני ממונות, ובודאי רשאי אדם לבייש את עצמו, אבל יש איסור מפורש של תנא דבי רבי ישמעאל גם עליה עצמה.
שוב יאמר שחכמים חולקים על ר”י, אבל אין לזה שום ראיה בגמרא, ואדרבא השתיקה מורה שזה הלכה פסוקה לכו”ע. ומה שאומר ש”פריעה” רוצה לומר התרת קלעים קושטא, אך אינו נוגע לכאן, כי הכונה בלשון גם לגילוי סתר בעלמא, ועל תרגום זה לבד דיברה הגמרא שם, וכמוכח מן ההמשך “בת לאברהם אבינו”.
ובקמחית לפי הבבלי מוכח שהוא רק מידת חסידות לכסות בתוך הבית, אבל בחוץ מאן דכר שמיה, וגם משם משמע שבחוץ אסור לה לגלות שערה מן הדין. ומה שהתירו לקרוא כנגדה אינו ראיה, כי התם דרבנן והכא דאורייתא. והיתר יוצא מצמתן מקורו בראשונים ז”ל, כגון הרמב”ן והרשב”א בשבת ס”ד, ואינו ענין לכאן. ואין צורך בהרהור כאש בנעורת שבא לקרי, רק הוא גדר ערוה ע”י מיעוט יופיה בר”ה.
ואי אפשר להשתמש בטעמי המצוות כדי לעוקרם, אלא הטעמים מחילים את המצוה על עוד ועוד מקרים, כמו שבת סוף כ”ג א’ בפאה. ורק בעניין “בגד אדום” יש לחלק בין הזמנים, וכמו שאמר החזון איש זצ”ל שבזמן רב אדא ברכות כ’ א’ בגד אדום היה נחשב לפריצות ושוב לא ולכן שרי כעת, ושמא יש להתיר נמי שיער פרוע בזמן הזה (ודומה להיתר גילוי במשקים כעת אולי, ואכמ”ל).

‘Can A Pit Be Filled With Its Own Earth?’

Keynes Must Die

In 2012, Barack Obama warned that the United States would fall into a depression if Ron Paul’s plan to cut $1 trillion from the federal budget were enacted.

Wait, I beg your pardon. It wasn’t Obama who warned that budget cuts would lead to a depression.

It was Mitt Romney.

Romney went on to become the nominee of the self-described free-market party.

An ideological rout is complete when both sides of respectable opinion take its basic ideas for granted. That’s how complete the Keynesian victory has been.

In fact, Keynesianism had swept the boards a decade before Romney was even born.

The General Theory of Employment, Interest and Money, the seminal treatise by John Maynard Keynes, appeared during the Great Depression, a time when a great many people were beginning to doubt the merits and resilience of capitalism. It was a work of economic theory, but its boosters insisted that it also offered practical answers to urgent, contemporary questions like: how had the Depression occurred, and why was it lasting so long?

The answer to both questions, according to Keynes and his followers, was the same: not enough government intervention.

Now as Murray N. Rothbard showed in his 1963 book America’s Great Depression, and as Lionel Robbins and others had written at the time, the Depression had certainly not been caused by too little government intervention. It was caused by the world’s government-privileged central banks, and it was prolonged by the various quack remedies that governments kept trotting out.

But that wasn’t a thesis governments were eager to hear. Government officials were rather more attracted to the message Keynes was sending them: the free market can lead to depressions, and prosperity requires more government spending and intervention.

Let’s say a brief word about the book that launched this ideological revolution. If I may put it kindly, the General Theory was not the kind of text one might expect to sweep the boards.

Paul Samuelson, who went on to become one of the most notable American popularizers of Keynesianism, admitted in a candid moment that when he first read the book, he “did not at all understand what it was about.” “I think I am giving away no secrets,” he went on, “when I solemnly aver – upon the basis of vivid personal recollection – that no one else in Cambridge, Massachusetts, really knew what it was all about for some twelve to eighteen months after publication.”

The General Theory, he said,

is a badly written book, poorly organized; any layman who, beguiled by the author’s previous reputation bought the book, was cheated of his five shillings. It is not well suited for classroom use. It is arrogant, bad-tempered, polemical, and not overly generous in its acknowledgments. It abounds in mares’ nests and confusions.… In short, it is a work of genius.

Murray N. Rothbard, who after the death of Ludwig von Mises was considered the dean of the Austrian School of economics, wrote several major economic critiques of Keynes, along with a lengthy and revealing biographical essay about the man. The first of these critiques came in the form of an essay written when Murray was just 21 years old: “Spotlight on Keynesian Economics.” The second appeared in his 1962 treatise Man, Economy and State,and the third as a chapter in his book For a New Liberty.

Murray minced no words, referring to Keynesianism as “the most successful and pernicious hoax in the history of economic thought.” “All of the Keynesian thinking,” he added, “is a tissue of distortions, fallacies, and drastically unrealistic assumptions.”

Beyond the problems with the Keynesian system were the unfortunate traits of Keynes himself. I will let Murray describe them to you:

The first was his overweening egotism, which assured him that he could handle all intellectual problems quickly and accurately and led him to scorn any general principles that might curb his unbridled ego. The second was his strong sense that he was born into, and destined to be a leader of, Great Britain’s ruling elite….

The third element was his deep hatred and contempt for the values and virtues of the bourgeoisie, for conventional morality, for savings and thrift, and for the basic institutions of family life.

While a student at Cambridge University, Keynes belonged to an exclusive and secretive group called the Apostles. This membership fed his egotism and his contempt for others. He wrote in a private letter, “Is it monomania – this colossal moral superiority that we feel? I get the feeling that most of the rest [of the world outside the Apostles] never see anything at all – too stupid or too wicked.”

As a young man, Keynes and his friends became what he himself described as “immoralists.” In a 1938 paper called “My Early Beliefs,” he wrote:

We entirely repudiated a personal liability on us to obey general rules. We claimed the right to judge every individual case on its merits, and the wisdom to do so successfully. This was a very important part of our faith, violently and aggressively held, and for the outer world it was our most obvious and dangerous characteristic. We repudiated entirely customary morals, conventions and traditional wisdom. We were, that is to say, in the strict sense of the term, immoralists.

Keynes was 55 years old when he delivered that paper. And even at that advanced stage of his life he could affirm that immoralism is “still my religion under the surface.… I remain and always will remain an immoralist.”

In economics, Keynes exhibited the same kind of approach he had taken toward philosophy and life in general. “I am afraid of ‘principle,’” he told a parliamentary committee in 1930. That, of course, is the attitude of anyone who craves influence and the exercise of power; principle would only get in the way of these things.

Thus, Keynes supported free trade, then turned on a dime in 1931 and became a protectionist, then during World War II favored free trade again. As Murray puts it, “Never did any soul-searching or even hesitation hobble his lightning-fast changes.”

The General Theory broke down the world’s population into several groups, each with its own characteristics. Here Keynes was able to vent his lifelong hatreds.

First, there was the great mass of consumers, dumb and robotic, whose consumption decisions were fixed and determined by outside forces, such that Keynes could reduce them to a “consumption function.”

Then there was a subset of consumers, the bourgeois savers, whom Keynes especially despised. In the past, such people had been praised for their thrift, which made possible the investment that raised living standards. But the Keynesian system severed the link between savings and investment, claiming that the two had nothing to do with each other.  Savings were, in fact, a drag on the system, Keynes said, and could generate recessions and depressions.

Thus, did Keynes dethrone the bourgeoisie and their traditional claim to moral respectability. Thrift was foolishness, not wisdom.

The third group was the investors. Here Keynes was somewhat more favorable. The activities of these people could not be reduced to a mathematical function. They were dynamic and free. Unfortunately, they were also given to wild, irrational swings in behavior and outlook. These irrational swings set the economy on a roller coaster.

And now we arrive at a fourth and final group. This group is supremely rational, economically knowledgeable, and indispensable to economic stability. This group can override the foolish decisions of the others and keep the economy from falling into depressions or inflationary excess.

You probably won’t be shocked to learn that the far-seeing wizards who comprise Keynes’s fourth group are government officials.

To understand exactly what Keynes expected government officials to do, let’s say a brief word about the economic system Keynes developed in the General Theory. His primary claim is that the market economy is given to a chronic state of underemployment of resources. If it is not to descend into and remain mired in depression, it requires the wise supervision and interventions of the political class.

Again, we may safely reject the possibility that the political classes of the Western world embraced Keynesianism because politicians had made a profound study of the works of Keynes. To the contrary, Keynesianism appealed to two overriding motivations of government officials: their need to appear indispensable, and their urge to wield power. Keynesianism dangled these ideas before the political class, who in turn responded like salivating dogs. There wasn’t anything more romantic or dignified to it than that, I am sorry to report.

By the early 1970s, however, Keynesian economics had suffered a devastating blow. Or, to adopt Murray’s more colorful phrase, it had become “dead from the neck up.”

Keynesianism could not account for the stagflation, or inflationary recession, that the U.S. experienced in the ’70s.

It was supposed to be the role of the Keynesian planners to steer the economy in such a way as to avoid the twin threats of an overheating, inflationary economy and an underperforming, depressed economy. During a boom, Keynesian planners were to “sop up excess purchasing power” by raising taxes and taking spending out of the economy. During a depression, Keynesians were to lower taxes and increase government spending in order to inject spending into the economy.

But in an inflationary recession, this entire approach had to be thrown out. The inflationary part meant spending had to be reduced, but the recession part meant spending had to be increased. How, Murray asked, could the Keynesian planners do both at once?

They couldn’t, of course, which is why Keynesianism began to wane in the 1970s, though it has made an unwelcome comeback since the 2008 financial crisis.

Murray had dismantled the Keynesian system on a more fundamental level in Man, Economy, and State. He showed that the relationships between large economic aggregates that Keynesians posited, and which were essential to their system, did not hold after all. And he exploded the major concepts employed in the Keynesian analysis: the consumption function, the multiplier, and the accelerator, for starters.

Now, why does any of this matter today?

The errors of Keynes have empowered sociopathic political classes all over the world and deprived the world of the economic progress we would otherwise have enjoyed.

Japan is a great example of Keynesian devastation: the Nikkei 225, which hit 38,500 in 1990, has never managed to reach even half that level since. A quarter century ago the index of industrial production in Japan was at 96.8; after 25 years of aggressive Keynesian policy that gave Japan the highest debt-to-GDP ratio in the world, the index of industrial production is…still 96.8.

The United States, meanwhile, has had sixteen years of fiscal stimulus or preposterously low-interest rates, all of which Keynesians have cheered. The result? Two million fewer breadwinner jobs than when Bill Clinton left office.

No amount of stimulus ever seems to be quite enough. And when the stimulus fails, the blinkered Keynesian establishment can only think to double down, never to question the policy itself. But there is an alternative, and it’s the one Murray N. Rothbard and Ludwig von Mises championed: the Austrian School of economics and its analysis of the pure market economy.

Against the entire edifice of establishment opinion, the Mises Institute stands as a rebuke. To the dissidents, to the intellectually curious, to those inclined to be skeptical of so-called experts who have brought us nothing but ruin, the Mises Institute has been a beacon.

We have trained an entire generation of Austrian scholars, journalists, and financial professionals. We put in the hard work so that when a catastrophe like the 2008 crisis occurred, an Austrian response was ready.

But with your help, we can do so much more. The Keynesians are pretending they have everything under control, but we know that’s a fantasy. An even greater opportunity than 2008 awaits us, and we want to help guide public opinion and train a cadre of bright young scholars for that day. With your help, we can, at last, awaken from the Keynesian nightmare.

As the Korean translator of an Austrian text put it, “Keynes must die so the economy may live.” With your help, we can hasten that glorious day.

From Lewrockwell.com, here.