Showing posts with label Yoram Blachar. Show all posts
Showing posts with label Yoram Blachar. Show all posts

19 January 2020

Israel, is the only state in the world where torture is legal

Israeli Doctors are Actively Complicit in Aiding and Abetting Torture but according to Emily Thornberry that IS WHY Israel a ‘beacon of freedom’


According to Emily Thornberry “Modern Israel is a beacon of freedom, equality and democracy”. Israel is also the only state in the world where torture is legal. See It’s now (even more) official: torture is legal in Israel
In 1987 the Landau Commission, which was set up as a result of the Bus 300 Affair, when two Palestinian prisoners were murdered by senior officers (one General Yitzhak Mordechai was later promoted to Command of the Southern Region), found that the use of violence, or ‘moderate physical pressure’ as they termed it, against prisoners was an acceptable method of interrogation. They argued, in the light of what they called "the concept of the lesser evil", that
Elyakim Rubinstein, Supreme Court Justice who approved of the use of torture
"actual torture . . . would be perhaps be justified in order to uncover a bomb about to explode in a building full of people . . . whether the charge is certain to be detonated in five minutes or in five days."
"To put it bluntly, the alternative is: are we to accept the offence of assault entailed in slapping a suspect's face, or threatening him, in order to induce him to talk and reveal a cache of explosive materials meant for use in carrying an act of mass terror against a civilian population, and there by prevent the greater evil which is about to occur? The answer is self evident."[15]
This was the justification that the Nazis used for torture. Defence of the State against its enemies. Chaired by Supreme Court Judge Moshe Landua, the Commission's Report stated:
Israeli torture victim
"The effective interrogation of terrorist suspects is impossible without the use of means of pressure, in order to overcome an obdurate will not to disclose information and to overcome the fear of the person under interrogation that harm will befall him from his own organization, if he does reveal information."[16]
"The means of pressure should principally take the form of non-violent psychological pressure through a vigorous and extensive interrogation, with the use of stratagems, including acts of deception. However, when these do not attain their purpose, the exertion of a moderate measure of physical pressure cannot be avoided."
In 1999 the Supreme Court, sitting as the High Court, ruled in Public Committee Against Torture in Israel v the Government of Israel, PD 73(4) 817 (1999) that the law does not permit the use of torture. However they also ruled that in a ‘ticking bomb’ case the use of such methods might not  cause the torturers to be legally culpable.

Prof. Yuval Shany explained in Back to the ‘Ticking Bomb’ Doctrine how the decision of Israel’s High Court in December 2017 in Abu Ghosh v. Attorney-General effectively reinvigorated the ‘ticking time bomb’ defence of Israel’s torturers.

The result is, as Btselem documents, that Shin Bet have continued to use torture as a routine method of interrogation with the connivance of the Israel’s Supreme Court. Since 1967 73 prisoners have been tortured to death.
Last December a Report from Addameer, the Palestinian Prisoner Support Unit and Legal Aid Group stated that
The occupation authorities, in particular, the Israeli intelligence agency “Shabak” resorts to torture and ill-treatment as standard operating procedure in a systematic and wide-scale approach against Palestinian detainees. Over the past three months, the intelligence agency subjected a number of detainees at Israeli interrogation centers to severe physical and psychological torture without any form of monitoring and protection.
The reaction of the Israeli state to Addameer’s Report was to impose a ‘gag order’ preventing them from printing details of the case of torture.  This too, as Emily will explain is another example of Israeli democracy at its best!
Other examples include 21-year-old Palestinian student Mays Abu Ghosh who is currently in an Israeli jail cell and a victim of torture. Mays, who was arrested for her activism, has been interrogated so violently that her parents could barely recognize her – yet this horrific story is being met with no huge outcry and very little media attention.
On August 29, Mays was arrested in her home during a sweep of Palestinian student activists and detained under trumped-up charges. 
Demonstration protesting at the death under torture of Arafat Jaradat in an Israeli G4S prison
As a student journalist, Mays has been a vocal advocate of Palestinian rights. Now she’s being tortured for her lifelong resistance to displacement, and being labeled a “major terrorist” for her work organizing with fellow students against Israeli oppression of Palestinians. Her “crimes” include participating in a conference about the Palestinian right of return in Lebanon, and speaking about her late brother on a radio program.
When her parents were finally allowed to visit, Mays was so bruised and visibly wounded she was almost unrecognizable. Her mother couldn’t hug her because her body was in too much pain.
Addameer describes some of the torture techniques:
The Banana Position - Israel's own invention
·         Positional torture (stress positions): Israeli intelligence officers forced the detainees into a number of stress positions such as the banana position,[2] the frog position, sitting on an imaginary chair, squatting and many other different positions. Almost in all of these stress positions, the detainees would lose their balance and fall on the ground, which would lead to a harsh beating by the officers and then forcing the detainee back into the stress position. Other used stress positions included standing on their toes while their hands were shackled above their heads to a wall. Another position included sitting on a chair while handcuffed to the back, where the hands were positioned on a table behind the detainee’s chair. A third position involved the detainee laying on the ground with his/her hands chained to each other with iron cuffs and positioned behind his/her back. This position also includes officers sitting on the detainee to place pressure on his/her body while beat him/her ferociously.  
Illustrative use of torture
·         Harsh beatings: Israeli occupation intelligence officers used extreme methods of beatings against the detainees using their hands, legs, knees and even their fingers. The officers hit, slapped, punched, poked (using their fingers), and kicked the detainees. These methods resulted in severe and life-threatening injuries that included broken ribs, inability to walk, brutal bruises, swelling marks on the skin, ulcer wounds…etc. The officers, who exceeded five in number in some cases used to blindfold the detainees’ eyes so they would not expect the beating or know where it is coming from. Several of those detainees appeared in their court sessions with marks on their bodies, expressing severe pain, or in some cases arrived on wheelchairs. In one of the cases, the harsh beating was committed with the intention to kill the detainee, who was in fact transferred to the hospital in serious condition after around 30 hours of severe and extreme methods of beatings. In another case, the harsh beating aimed at injuries caused by a police dog during the arrest, the interrogators intended to target those previously obtained injuries, which were mainly on the detainee’s genital area causing the wounds to re-open twice. Also, in many other cases, the method of pulling the facial hair from its roots causing injuries and swelling marks was used.
An actor plays the role of torture victim
·         Sleep deprivation: this technique was implemented through different methods, in some cases the detainees spent around twenty days sleeping from one to three hours a day. Even when those detainees were sent to their cells to sleep, they would be disturbed with loud and eerie sounds made by the prison guards, the voices of other detainees being harshly beaten or the sound of knocking on their cell doors. In some cases, sleep deprivation ranged from 30 to 60 continuous hours, where the detainee would not be sent to sleep at all during these hours and would be woken up if he/she falls asleep during the interrogation. Some detainees were harshly slapped on their faces to wake up, others were also splashed with water. Detainees described the slaps as extremely severe causing them to feel dizzy.
·         The use of family members (emotional blackmailing): psychological torture and ill-treatment were used on the majority of these detainees, focusing on threats against their family members, and loved ones. Israeli occupation forces used the policy of collective punishment through arresting and bringing in some of the family members mostly to al-Mascobiyya interrogations center and Ofer prison. Eight family members for seven different detainees were arrested, and another ten family members were brought in for questioning. Some of these relatives were kept for a number of days while others were kept for hours. In all the cases, family members and loved ones were mainly brought in to pressure the detainees themselves. The interrogators made the detainees assume that their relatives got arrested and will be tortured as well. Relatives included fathers, mothers, brothers, daughters, wives, etc.
Palestinians dressed up as torture detainees
·         Interrogation at Israeli secret prisons: at least one of the detainees Addameer has documented their cases have stated that they were taken to unknown centers. The detainee said that the interrogators at this center were all face-covered and wearing a different uniform than the known usual uniforms. It has been revealed in the past that Israel has secret prisons that are removed from maps and airbrushed aerial photographs.[3]
Others such as Samir Arbeed have been left permanently disabled as a result of their experiences See Israel/ OPT: Legally-sanctioned torture of Palestinian detainee left him in critical condition
What is particularly reprehensible is the involvement of Israeli doctors and physicians in the use of torture. Doctors who monitor prisoners in order that they can help the torturers decide how far to go, who declare when a prisoner is fit enough for further torture and who deliberately lie in medical reports in order to cover for the torturers. Comparisons with American doctors who collaborated with the CIA in water boarding and SS doctors spring to mind.  See the article below How Israeli doctors enable the Shin Bet’s torture industry.
And far from the Israeli Medical Association opposing this they give the green light for such doctors to continue what they are doing. See for example the article by John Yudkin, Emeritus Professor at University College, London.
Physicians for Human Rights-Israel has stated that if the IMA refused to allow doctors to serve in security units commonly deploying torture the practice would come to a halt. The medical presence in these units offers moral legitimation to Israel’s interrogators. See Global medical watchdog complicit with Israeli abuses.
Yoram Blachar
In 2009 more than 700 doctors from around the world called for the Israeli President of the World Medical Association, Yoram Blachar, to step down, calling him “unfit for office” and claiming that he had turned a blind eye to the “institutionalised involvement of doctors” in torture in Israel.
In a letter they said that the appointment of Blachar, who was President of the Israeli Medical Association as president of the WMA was “a matter of grave concern.” The signatories, who included professors and doctors from 43 countries, said that the appointment
“makes a mockery of the principles on which the WMA was founded in 1947, which was a response to egregious abuses by Germany and Japan in World War Two.”
Other prominent doctors who 
support Israel’s use of torture include Sir Michael Marmot, former President of the WMA and a Professor at UCL.
Last November Heba al-Labadi and Abdul Rahman Mi’ri, two Jordanians who had been savagely tortured, were released from Administrative Detention (i.e. imprisonment without trial), Heba went on a 40 day hunger strike and this forced the Jordanian government to insist on the release of its nationals or face a freeze or worse in their diplomatic relations. The arrest of Labadi Mi’ri, a cancer survivor, was a major PR disaster for Israel. See A lesson for the Palestinian leadership: Real reasons behind Israel’s arrest and release of Labadi, Mi’ri
Tony Greenstein
By +972 Magazine October 7, 2019
From approving brutal interrogation techniques to writing false medical reports, doctors in Israel have taken an active role in the torture of Palestinian prisoners.
By Ruchama Marton
Illustrative photo of an Israeli soldier blindfolding a Palestinian prisoner. (Nati Shohat/Flash90)
If the Shin Bet runs a school for its agents and interrogators, the curriculum most certainly includes a class on how to tell a lie. The texts taught, it seems, do not change with the years. In 1993, responding to accusations that the Shin Bet brutally tortured Palestinian detainee Hassan Zubeidi, then Commander of the IDF Northern Command Yossi Peled told Israeli journalist Gabi Nitzan that “there is no torture in Israel. I served for 30 years in the IDF and I know what I am talking about.”
Twenty-six years later, Deputy Chief of the Shin Bet and former Shin Bet interrogator, Yitzhak Ilan repeated the same line to news presenter Ya’akov Eilon on national television while speaking about Samer Arbeed, a 44-year-old Palestinian who was hospitalized in critical condition after he had been reportedly tortured by the Shin Bet. Arbeed is suspected of organizing a deadly bombing that killed a teenage Israeli girl and wounded her father and brother at a spring in the West Bank in August. Ilan bristled at the notion that the Shin Bet was somehow responsible for Arbeed’s condition.
Putting aside these absurd forms of denial, as a doctor and founder of Physicians for Human Rights – Israel, I have always been troubled by how Israeli doctors cooperate with and enable Israel’s torture industry.
In June 1993, I organized an international conference in Tel Aviv on behalf of PHR against torture in Israel. At the conference, I presented a Shin Bet medical document that had been discovered by chance by Israeli journalist Michal Sela. In the document, the Shin Bet doctor was asked whether the prisoner in question had any medical restrictions when it came to keeping them in isolation, whether they could be tied, whether their face could be covered, or whether they could be made to stand for prolonged periods of time.
The Shin Bet denied such a document ever existed. “There is no document. It was simply an experimental paper that is not in use,” the agency claimed. Four years later, a second document, suspiciously similar to the first, came to light. That document asked doctors to sign off on torture in accordance with several previously agreed-upon clauses.
The first document, along with other findings, were published in the book titled “Torture: Human Rights, Medical Ethics and the Case of Israel.” The book cannot be found in Israel; Steimatzky, Israel’s oldest and largest bookstore chain, has banned its sale. Perhaps this is further proof that there is no torture in Israel.
After the document was uncovered, PHR turned to the Israel Medical Association and asked it to join the struggle against torture. The IMA requested that PHR hand over the names of the Shin Bet doctors who signed off on the document so that they could be dealt with internally.
I refused to hand over the names and told the IMA attorney that I was not interested in going after rank-and-file doctors — I wanted to change the entire system. That meant doing away with legitimacy granted to confessions exacted under torture, educating IMA members about non-cooperation with torturers, and particularly providing active help to those doctors who do report on suspicion of torture or brutal interrogations.
Back then, the IMA was satisfied with putting our statements while doing nothing to prevent the Shin Bet’s doctors from cooperating with torture. Furthermore, the organization failed to fulfill its obligation to establish a forum for doctors to report on suspected torture.
An ethical, moral, and practical failure
But it is not only doctors in the Shin Bet and the Israel Prison Service that collaborate with torture. Doctors in emergency rooms across Israel write false medical opinions in accordance with the demands of the Shin Bet. Take, for example, the case of Nader Qumsieh from the West Bank city of Beit Sahour. He was arrested in his home on May 4, 1993 and was brought to Soroka Medical Center in Be’er Sheva five days later. There a urologist diagnosed him a hemorrhage and a torn scrotum.
Qumsieh testified that he was beaten during his interrogation and kicked in his testicles.
Ten days later, Qumsieh was brought before the same urologist for a medical examination, after the latter had received a phone call from the Israeli military. The urologist wrote a retroactive letter (as if it had been written two days earlier), without actually conducting an additional examination of the patient, in which he said that “according to the patient, he fell down the stairs two days before he arrived in the emergency room.” This time, the diagnosis was “superficial hematoma in the scrotal area, which corresponds to local bruises sustained between two and five days prior to the examination.” The urologist’s original letter, written after the first examination, disappeared from Qumsieh’s medical file.
History teaches us that doctors everywhere easily and effectively internalize the regime’s values, and many of them become loyal servants of the regime. That was the case in Nazi Germany, in the United States, and in various countries in Latin America. The same goes for Israel. Qumsieh’s case, along with countless others, reflects the ethical, moral, and practical failure of the medical establishment in Israel vis-à-vis torture.
Already back in the 18th century, jurists — rather than doctors — published legal opinions accompanied by proof that there is no connection between causing pain and getting to the truth. Thus, both torture and confessions exacted through pain were legally disqualified. One can only assume that the heads of the Shin Bet, the army, and the police know this bit of history.
And yet, torture — which includes both mental and physical cruelty — continues to take place on a large scale. Why? Because the real goal of torture and humiliation is to break the spirit and body of the prisoner. To eliminate his or her personality.
The legal understanding for forbidding torture is based on the utilitarian idea that one cannot arrive at the truth through inflicting pain . But doctors are committed — first and foremost — to the idea that anything that causes physical or mental harm to a patient is prohibited.
The Shin Bet medical eligibility document allows for sleep prevention, it allows interrogators to expose prisoners to extreme temperatures, to beat them, to tie them for long hours in painful positions, to force them to stand for hours until the vessels in their feet burst, to cover their heads for prolonged periods of time, to sexually humiliate them, to break their spirits by severing their ties to family and lawyers, to keep them in isolation until they lose their sanity.
The Shin Bet’s medical eligibility form is not the same as the one used to check eligibility to join the air force or even to drive a car. This kind of “eligibility” leads the prisoner directly into the torture chamber — and the doctor knows this. The doctor knows to what kind of systematic process of pain and humiliation he or she is lending their consent and approval. It is doctors who oversee the torture, examine the tortured prisoner, and write the medical opinion or the pathology report.
The white robe passes through the torture chamber like a lurking shadow during interrogations. A doctor who cooperates with Israel’s torture industry is complicit in that very industry. If a prisoner dies during interrogation, the doctor is an accomplice to his or her murder. Doctors, nurses, medics, and judges who know what is taking place and prefer to remain silent are all accomplices.
We must unconditionally oppose all forms of torture — without exceptions. We, citizens of a democratic state, must refuse to cooperate with the crime of torture, and all the more so when it comes to doctors.
We must also not hide behind the idea that torture is a symptom of the occupation while telling ourselves that the practice will disappear when the occupation ends. Torture is a worldview according to which human rights have no place or value. It existed well before the occupation and it will continue to exist if we do not change that worldview.
Violent and cruel investigative practices do not benefit national security even if they are committed on its behalf. Torture causes a spiraling destruction of our very social fabric. Not only do those who carry out this terrible kind of “work” lose the values of morality, human dignity, and democracy, but also all those who remain silent, unwilling to know. In fact, all of us.
Dr. Ruchama Marton is the founder of Physicians for Human Rights – Israel. This article was first published in Hebrew on Local Call. Read it here.

Israel/ OPT: Legally-sanctioned torture of Palestinian detainee left him in critical condition

30 September 2019, 16:58 UTC
Updated: 30 October 2019, 12:07 UTC
The legally-sanctioned torture of a Palestinian detainee during interrogation by officers from Shin Bet, Israel’s Security Agency, further exposes the complicity of Israel’s authorities, including its judiciary, in the systematic violation of the human right to be free from torture, said Amnesty International today.
Samir Arbeed was arrested on 25 September on suspicion of being involved in the killing of a 17-year-old Israeli girl Rina Shnerb.
According to Israeli media reports and Samir’s lawyer, a “judicial body” granted Shin Bet special permission to “use exceptional ways to investigate” in his case, effectively sanctioning the use of methods amounting to torture during his interrogation.
“It is utterly outrageous that the use of torture during interrogations continues to be sanctioned by the Israeli authorities, from the Shin Bet, through the executive branch and all the way to the Supreme Court,”
said Saleh Higazi, Amnesty International’s Deputy Middle East and North Africa Director.
“Under international treaties, which legally bind Israel, the use of torture cannot be justified under any circumstances. This case exposes Israel’s claims that its judiciary upholds human rights as a complete sham.”
The use of torture cannot be justified under any circumstances. This case exposes Israel’s claims that its judiciary upholds human rights as a complete sham

23 December 2017

Why does Sir Michael Marmot defend the Israeli Medical Association against accusations of involvement in the torture of Palestinians?

Please Support – Crowdfunding Appeal to Sue fake Zionist charity Campaign Against Antisemitism’

The World Medical Association's Complicity in Israel's use of Torture 

When you read a description of Sir Michael Marmot's career you realise that he has been showered with honours.  We are told that 'Marmot has a special interest in inequalities in health and its causes'.  Perhaps he considers being tortured to be some form of accolade?

You might have thought that the President of the World Medical Association would be in the forefront of the fight to prevent doctors participating in torture.  Unfortunately this is not the case.  When it comes to Israel Marmot and the WMA have deliberately and persistently acted to support the Israeli Medical Association in its active support for doctors who participate in the torture of prisoners.

As Dr Derek Summerfield shows below, the WMA has persistently refused to look at evidence of the IMA’s culpability.  This is the stuff of Nuremburg and crimes against humanity.

Victor Brack, the SS doctor who headed the 'Euthenasia' T4 Action which murdered up to 3/4 million disabled people, who was hanged at Nuremburg
At Nuremburg in 1946 in what became known as The Doctors Trial 20 Nazi doctors stood trial for war crimes, crimes against humanity and membership of the SS.  7 of them including Viktor Brack, who headed the Euthenasia T4 programme were hanged.  The crimes they committed included performing medical experiments on children, twins in particular, without anesthetic.

You might have thought that the WMA would have taken the lessons of Nuremburg to heart.  In fact as Derek Summerfield, a tireless campaigner and honorary senior lecturer at the Institute of Psychiatry shows, the WMA is complicit in Israel’s use of torture.  Indeed not just in Israel.  It also turned a blind eye to the complicity of American doctors in the use of torture by the CIA as has the American Medical Association. Will the US torture doctors face any consequences?

Even more disturbing is the recent decision of Israel’s High Court (which also sits as the Supreme Court) to effectively approve the use of torture by Shin Bet, Israel’s MI5.  Israel’s courts have a shocking record when it comes to torture.  In previous decisions under the ‘liberal’ Chief Justice Landau, it approved ‘moderate physical pressure’  Under pressure it rowed back on this but still approved torture in ‘ticking time-bomb’ cases i.e. where the bomb was about to go off.

In reality this 'loophole' allowed torture of Palestinian prisoners to be an every day reality.  It was only when the State used torture on a few Jewish terrorists in the wake of the Dawabshh murders in 2015, that the issue became a topical one in Israel.
It is even more ironic that torture as an instrument of state policy has been approved by both Israeli Labour and Likud administrations.  There has been only one exception to this.  When the former head of Irgun and notorious Menachem Begin became Prime Minister he issued strict instructions against the use of torture and Shin Bet officers were even dismissed for torturing suspects.  Today that would be inconceivable.

Now however the High Court, despite the clearest evidence, indeed the admission of the torturers themselves, refused to intervene.  It is indeed a shameful decision but it is in line with the record of this colonial court.  The much vaunted ‘independence’ of Israel’s High Court is a myth.  Today it is stuffed with settler judges but even in the past it rarely if ever intervened to prevent the clear racism inbuilt into the Zionist state.
Tony Greenstein
Derek Summerfield The Electronic Intifada 17 November 2017


Activists come together to protest against Israel’s torture on Palestinian prisoners [Friends of Al Aqsa/Facebook]
It is now more than 20 years since Amnesty International first concluded that Israeli doctors working with Israel’s security services “form part of a system in which detainees are tortured, ill-treated and humiliated in ways that place prison medical practice in conflict with medical ethics.”
Since then there have been repeated attempts – of which this author has been part – to have the global medical ethics watchdog World Medical Association (WMA) hold the Israeli Medical Association (IMA) accountable for these practices.

But with the latest attempt foundering last year and despite changes in leadership over the years, the conclusion that now has to be drawn is that, when it comes to Israel, the WMA is not fit for the purpose for which it was created after World War II.

The WMA is mandated to ensure that its member associations abide by its codes, in particular its seminal 1975 anti-torture WMA Declaration of Tokyo. This obliges doctors not just to not participate directly in torture but also to protect the victims and to speak out whenever they encounter it.
The significant precedent for our action against the Israeli association was the expulsion from the WMA of the Medical Association of South Africa during the apartheid era on precisely the grounds that doctors became a part of a system in which torture was routine, just as Amnesty International concluded was the case in Israel.

Since then, Physicians for Human Rights-Israel has often stated that if the IMA refused to allow doctors to serve in security units commonly deploying torture the practice would come to a halt. The medical presence in these units offers moral legitimation to Israel’s interrogators.

Global action

RAMALLAH, WEST BANK - MAY 19: Israeli security forces detain to Palestinian protesters during a demonstration to show solidarity with hunger striker Palestinian prisoners in Israeli jails at the Ni'lin village in Ramallah, West Bank on May 19, 2017. ( Issam Rimawi - Anadolu Agency )
The first attempt to hold the IMA accountable came in 2009, when some 725 physicians from 43 countries appealed to the WMA, attaching the published findings from a number of human rights organizations including Amnesty, the Public Committee Against Torture in Israel and the United Against Torture coalition. That effort ended when it became clear that then-president of the WMA, Yoram Blachar, who was also president of the IMA, would not take any action, indeed refused to even acknowledge receipt of the submission.

Rather than investigating the claims made in the appeal, Blachar filed a libel suit in London against the individual who headed the 2009 campaign (and is also the author of this article). We rebutted the suit, which alleged we had duped signatories into signing the petition. Signatories helped us with our successful rebuttal by asserting to the libel lawyers that they were no dupes. Noam Chomsky was among those in public support of our effort.

The latest of these attempts to hold the IMA accountable came last year when 71 UK-based doctors made a fresh appeal to the WMA. This time, the submission also leaned on the 2011 Physicians for Human Rights-Israel report “Doctoring the Evidence, Abandoning the Victim: The Involvement of Medical Professionals in Torture and Ill Treatment in Israel” regarding the work of Israeli doctors in security units where torture of detainees was routine.

Why, the 2016 submission asked, were the doctors posted to these units not protecting detainees and protesting their treatment? And why has the Israeli Medical Association not acted on such reports, as it should according to the standards set down by the World Medical Association?


A boy wears tape on his mouth reading “Break the silence” during a protest against the torture of Palestinian prisoners in the West Bank city of Ramallah in November 2013. Issam Rimawi APA images
A hope dashed

This time, we hoped that the international reputation of prominent British medical academic Sir Michael Marmot, who at the time was WMA president, could be brought to bear on a case that has been a standing reproach to the idea that global regulation of the ethical behavior of doctors is even-handed and effective.

Marmot did send us an acknowledgment of receipt (unlike his predecessor) but within days of receiving this, we were staggered to see a letter from Marmot to the Simon Wiesenthal Center published on the center’s website.

Addressed to Dr. Shimon Samuels, director for international relations at the Wiesenthal Center, the letter startlingly stated that, vis-à-vis past claims, “investigations have revealed no wrongdoing or mishandling of the cases by the Israeli Medical Association.”

This is entirely untrue. For many years, Physicians for Human Rights-Israel has tried to get the IMA to conduct such an investigation but found the association consistently unwilling. “Persistently repeated attempts,” the rights group concluded in 2011 in Doctoring the Evidence, “calling the IMA’s attention to cases arousing suspicion of doctors’ involvement in torture and cruel or degrading treatment, have not been dealt with substantively.”

The IMA did in 2009 look into testimonies of victims of torture collected in 2007 by the Public Committee Against Torture in Israel, but concluded, after a few phone calls, that the accusations were without merit and flawed because they had no evidence “other than the word of the prisoners.” That conclusion effectively delegitimized victim complaints from the outset.

Not fit for purpose

Marmot’s letter to Samuels in effect gifted the IMA a signal propaganda victory. He did not just make inaccurate statements: he effectively offered the IMA instant and public exoneration. Coming from the WMA president himself, presumed to be speaking for the whole organization, this was a real propaganda coup and one taken up by media outlets like The Jerusalem Post, whose report was duly headlined “World Medical Association affirms trust in Israeli doctors in response to BDS campaign.”
With repeated attempts to have the WMA take the IMA to task for a conclusive body of evidence showing the Israeli medical establishment is – at the very least – enabling a system of torture of prisoners, the focus must now shift to the WMA itself.

Unfortunately, as the case with Israel illustrates, the WMA seems unwilling to act against those with powerful friends like the US. It is far less hesitant in raising concerns with other less powerful countries like Iran or Bahrain, to name but two.

We therefore have to conclude that the world’s medical body is complicit with these Israeli abuses and that its purported mission to uphold ethical standards across the globe is a sham.
This is bad news for Israeli doctors thrust into ethically compromised roles. It is worse news for Palestinian detainees with little to protect them.

Derek Summerfield is a London-based medical academic involved in human rights campaigning on Israel/Palestine for 25 years.

al_zubaydah_who was waterboarded 83 times under the supervision of CIA doctors

Sir Michael Marmot, the World Medical Association, the Israeli Medical Association, and medical complicity with torture in Israel

In February last year the British Medical Journal published our letter relating the extraordinary response by UK academic Sir Michael Marmot, President of the World Medical Association (the official organisation monitoring medical ethics internationally) to the submission by 71 UK doctors of an evidence-based appeal about longstanding complicity with torture by Israeli doctors shielded by the Israeli Medical Association (IMA).  
The WMA is mandated to ensure that its member associations, which include the IMA, abide by its declarations- in particular the anti-torture Declaration of Tokyo which forbids doctors any involvement with torture and obliges them whenever they encounter it to protect the victim and to speak out. Within a week of our submission the Zionist organisation Simon Wiesenthal Centre (whose website states "we stand with Israel"), not an involved party in this matter, had published a letter on their website from Marmot on WMA notepaper to their Director of International Relations which claimed that “investigations have revealed no wrong doing” by the IMA. 
This is evidentially untrue, as the evidence base to which we point makes transparently clear. This apparent exoneration of the IMA by no less than WMA President gifted them a signal propaganda victory, widely reported. For example, the Jerusalem Post newspaper report was headlined “WMA affirms trust in Israeli doctors..” 
Indeed our experience since the original submission to the WMA in 2009 signed by 725 doctors from 43 countries, attaching a raft of incriminating evidence from such as Amnesty International, has been that the WMA will speak out about some countries but never about Israel, whatever the evidence. In the present case Marmot has still not replied to the 71 signatories, and has rebuffed 3 requests by the BMJ for a response. How are we then to understand this refusal to justify actions taken in the name of the WMA Presidency? The circumstances related above, not least the immediate endorsement of the IMA sent to the Wiesenthal Centre, suggests a partisan dereliction of duty which violates the WMA’s own mandates. There is no question that so goes to the heart of the global public reputation of doctors as their complicity with torture- this is why the WMA was created after World War 2.
This matter is a litmus test of whether internationally agreed medical ethical codes actually matter, and can hold transgressors to account, even when they have powerful friends. All the evidence suggests that they are largely window dressing: there is no effective and even-handed regulation of the ethical behaviour of doctors worldwide, even about torture.
By way of postscript to the egregious events above, I had the opportunity to attend a public interview at Battersea Arts Centre of Sir Michael Marmot on Monday 11 December by the satirist and commentator Mark Thomas. It was apparently the first in a series of 8 Mark Thomas is doing on "The NHS at 70". At question time I threw in a tightly worded query about his behaviour in the episode above.  Marmot quickly lost his cool and began expostulating loudly, saying: "you have just told at least 6 lies....I have been doorstepped, its all lies, I spoke to Physicians for Human Rights and they said their publications are a bit old and everything is alright now...I spoke to the IMA ..." The best word for his response is venal.
He will of course remain perfectly pleased with the role he played: our campaign created a moment when the IMA had need of some external support, and there was the WMA Pres no less to give it to them, doing his duty: "everything is alright now...". This is what has built impunity in Israel.
Some years ago Noam Chomsky told me that the IMA demonstrated what he called "utter moral degeneracy".
Our campaign continues. An Electronic Intifada article on this issue can be found on this link:

Rights groups slam Israel Supreme Court for giving ‘green light’ to torture

December 21, 2017 at 3:33 pm

The Israeli Supreme Court has been accused of redefining torture so as to permit it after a major new ruling was greeted with dismay by local and international human rights groups.

Last week the court – sitting as the High Court of Justice – denied a petition brought by The Public Committee Against Torture in Israel (PCATI) on behalf of Palestinian prisoner Asad Abu Ghosh.
According to the petition, Abu Ghosh was tortured with “severe mental and physical violence” during a Shin Bet interrogation in 2007, including “beatings, being thrown against a wall, stress positions including the ‘banana’ position, sleep deprivation, and extreme mental duress”.

The High Court was presented with high-level and independent legal-medical opinions confirming the physical and mental damage caused to Abu Ghosh at the hands of his interrogators.

While allegations of torture by Shin Bet agents are commonplace, impunity is the norm; more than 1,000 complaints filed since 2001 did not produce a single criminal investigation. What made this case unusual, however, was that the state admittedcertain pressure methods” had been used.

Despite this, and the evidence presented by PCATI, the High Court still threw out the petition, accepting an earlier decision of the Attorney General not to open a criminal investigation against the interrogators, and thus granting the agents impunity for their actions.

For PCATI, how the court reached its decision is as disturbing as the verdict itself – and one paragraph in particular stands out. “The definition of certain interrogation methods as ‘torture’ is dependent on concrete circumstances,” wrote Judge Uri Shoham, “even when these are methods recognised explicitly in international law as ‘torture’ [my emphasis]”.

The High Court’s decision is being described by some as the most important legal development for interrogations and torture in some two decades; as a report in The Jerusalem Post put it, “essentially, the court took the state’s side on all of the key issues before it”.

In 1999, the High Court ruled that Shin Bet agents could not use “physical means” in their interrogations. However, the justices also held that agents who used such methods could be immune from criminal responsibility in the case of a “ticking bomb” scenario.

Unsurprisingly, since then Palestinians have continued to be tortured by Shin Bet interrogators relying on the “ticking bomb” exception – but as Israeli NGO B’Tselem put it, such methods “were not limited to exceptional cases and quickly became standard interrogation policy”.

This state of affairs has been widely documented, including by the UN Committee Against Torture in May 2016, by interrogators themselves, and in studies like the one published by the ‘Reproductive Health Matters’ medical journal in 2015, which found that “Israeli authorities are systemically involved with torture and ill-treatment of a sexual nature”.

As Israeli legal affairs analyst Yonah Jeremy Bob noted recently, Israel’s Supreme Court was “unique” in having established “a category of ‘moderate physical pressure’ that could legally be used on [prisoners]”. He added: “No democratic country in the present era has defended the legality of such methods or established normative legal principles relating to them quite like Israel.”

Now, this latest High Court decision leaves Palestinian prisoners even more vulnerable to abuse. According to PCATI, the ruling “permits de facto use of torture methods”, including even those forbidden in the High Court’s 1999 judgement, and also “blocks the way for victims who have suffered from physical and psychological trauma to seek redress”.

For Amnesty International, whose 2016/17 annual report found that Israeli forces and Shin Bet agents “subjected Palestinian detainees, including children, to torture and other ill-treatment with impunity”, the Supreme Court decision is troubling.

“We have serious concerns that in taking this decision the Court dismisses, yet again, credible and relevant evidence of systematic torture of Palestinian detainees”, said Magdalena Mughrabi, 
Amnesty’s Deputy Director for the Middle East and North Africa.

In doing so, she added, the court is “sending another green light” to Shin Bet interrogators “that it is acceptable to use methods of coercion, including the combined use of stress positions, beatings and sleep deprivation that amount to torture against Palestinian detainees”.

For Dawoud Yusef, head of the Advocacy and Lobbying unit at Palestinian prisoners’ rights group Addameer, “there is very little surprise in regard to the ruling in the case of Abu Ghosh”.

Not only did the original case in 1999 leave the definitions for ‘moderate physical pressure’ and a ‘ticking bomb’ situation open”, he said, “it also gave the authorities a license to torture”.

Nonetheless, Yusef continued, the new ruling “represents a key legal addition to the 1999 case”, by fleshing out some of the details of what had previously only been implicit definitions.

“From the [Abu Ghosh] case, a ticking bomb situation does not have to mean that an attack is imminent or that the person in question has the direct information to prevent such a situation. Secondly, the case categorises the banana position, pressure on his fingers, and a beating as simply being ‘moderate physical pressure’.”

Thus, Yusef asked, “the question now is: what will the Israeli state actually consider as torture, and how low can the bar go regarding a ‘ticking time bomb’ situation?”

The Supreme Court’s dismissal of PCATI’s petition joins a long list of examples where Israeli judges have declined to strike down legislation and policies which violate international law.

Addressing the Abu Ghosh ruling, a spokesperson for B’Tselem said that “vital to Israel’s ability to act with impunity is the Supreme Court routine of granting a veneer of legality to almost all violations of Palestinian human rights, and in this case, a particularly grave one”.

For PCATI, at the core of this new ruling is “a refusal… to admit that certain methods, which are recognised internationally as torture, are indeed torture in Israel as well”. While this may ultimately “put the court on a collision course with the International Criminal Court”, in the meantime, as PCATI noted, the “torturers” of Palestinian prisoners will continue to enjoy “absolute impunity”.