In this context, the words of the Honorable Justice D. Barak Erez in the case of Chaivatov are also appropriate, according to which he reiterated in the Yosef case:
"Law enforcement authorities are striving to solve an unsolved murder and prosecute those responsible. Does this goal sanctify all means of interrogation? ..... The answer to this – based on important principles that have already been established in the case law of this trial – is clear: red lines must also be set for the actions of law enforcement authorities. The use of an informant while severely violating the rights of the suspect and without real control undermines the foundations of the fairness of the criminal proceeding..."
(See paragraph 1 of the opinion of the Honorable Justice Barak Erez in the Haibtov case).
- Never, but never, the enforcement and investigative authorities must act from a holistic perspective, through objective and objective lenses, which allows tracing all the relevant levels, while stepping through every possible legal outline in order to reach the truth. I would not be wrong if I emphasized once again that the purpose of the investigation process (and certainly of the criminal proceeding) is not to lead, at the end of the proceeding, to the conviction of the suspect/defendant. On the contrary, sometimes, the line of justice requires the acquittal of one defendant or another, in the constant search for the discovery and disclosure of the truth. The Honorable Justice Barak noted this when he noted in his article:On Justice, Judgment and Truth, "Justice as the Goal and Truth as the Means" Mishpatim, vol. 27 (1996), 11, that:
"Reality is a factual system that determines what is. It reflects what is happening. Without what is available, there is no value to what is desired. The truth – which is what is found at a given time in a given place – is the basis of the entire sentence. The nature of the judgment is assessed by comparing the reality as determined by the court (the "legal truth") to the reality as it is (the "factual truth")."