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Serious Crimes Case (Beer Sheva) 63357-03-18 State of Israel – F.M.D. V. Assaf Masoud Suissa - part 122

February 15, 2021
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Even at the beginning of the interrogation, immediately after Investigator Malichi asked Defendant 2 to tell the Commander of the Intelligence Unit what he had told him earlier when he told him to tell the truth, Defendant 2 asked if he would protect his life and his family, and the Commander of the Intelligence Unit answered in the affirmative and told him that the story of the drugs did not interest them; Defendant 2 replied that he knew what interested them, but he wanted to know , "What do you promise me if I give it to you?"and said that as soon as he told him what would happen, he would tell him everything.  Already at this stage, the commander of the Central Intelligence Unit told him that he did not know what his involvement was, but defendant 2 replied that he had done nothing and that he was willing to promise that he had nothing to do with it; And the commander of the Central Intelligence Unit replied that if he didn't do anything, it would be better for him to tell everything so that he wouldn't get into trouble.  Defendant 2 continued to ask for promises to protect him and his family, the commander of the district unit asked him again if he had done anything, and he again said that he had done nothing wrong, and the commander of the district unit replied that he had a duty to tell and that if he did not do so, he would be arrested.  Defendant 2 expressed concern about the story, since he was the only one who knew the details and that the other would know that he was the one who told it, and the commander of the Central Intelligence Unit replied that everything would be revealed in the end, whether he told it or not, and suggested that he tell it so as not to "eat a case of murder."  Defendant 2 asked the commander of the district unit if he was with him, and he replied, "I am with you if you did not do it if you were not involved if you did not murder", and defendant 2 again insisted that he did not murder (P/11, pp. 1-3).

From the aforesaid, it emerges that at the beginning of the interrogation, Defendant 2 presented to the commander of the Central Intelligence Unit and Investigator Malichi a representation that he was not connected to the murder and was even afraid to give testimony lest he be harmed.  Therefore, and although there may have been a place, if only for the sake of caution, to warn Defendant 2 at the very beginning of the interrogation that he had any involvement in the murder, to insist on his right to remain silent and to explain to him that everything he said was liable to be used against him (for even at this stage the commander of the Intelligence Unit told him that if he did not tell them what he knew, he might "eat" a murder case); It is also possible at this stage to accept the explanation that Defendant 2 was not warned because he was not yet a suspect in the murder.

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