Caselaw

Civil Appeal 4584/10 State of Israel v. Regev - part 65

December 4, 2012
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This is what Scripture commands us at the beginning of Parashat "Shoftim" in the book of Deuteronomy, and it is not for nothing that the volume of the verse "Judges" and "Policemen" together as a prelude to the words, "And they shall judge the people with righteous judgment," since the ability of the The Judge Doing justice depends to a large extent on the fact that The Policeman He will do his job faithfully, without biasing the judgment, and without misleading the court.  This is also in line with the commandment "Justice, justice, you shall pursue," which is also addressed to the litigants (Chizkuni, ibid.), including the state.  The police officer should not rely on the State Attorney's Office to correct his mistakes, and the State Attorney's Office should not rely on the judge to correct his mistakes.  Each and every link in the chain, from the investigation stage to the sentencing stage, must do its best in the field in which it is responsible, so that no mishap will come out of our hands, God forbid.

It is to be hoped that this case will serve as a warning sign to the police and the State Attorney's Office, who will ensure that improper conduct such as the one exposed in this case will not be repeated, that the lessons will be learned and the conclusions will be drawn, so that we will know that these bodies are fulfilling their duties faithfully, in good faith and with good faith, out of an aspiration to discover the truth, and that alone.

Conclusion

  1. The state's appeal should be accepted, in the sense that the trial court's conclusion that the state's negligence led to the respondent sitting in custody for 88 days should be annulled. In any event, the respondent should not be awarded compensation for this.

The state's appeal should be accepted, in the sense that the trial court's conclusion that the respondent suffered severe abuse and violence and that he was forced to masturbate in front of his interrogators should be annulled.  In any event, the respondent should not be awarded compensation for this.

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