In addition, we should not ignore the attitude of the informants towards the defendant/minor, when they exerted intense and great pressure on him using improper means, as detailed in the previous chapters. It should be emphasized that a defendant/minor is entitled to all the rights granted to him by law, and it does not matter whether we are dealing with a defendant/minor with a comfortable personality and/or a problematic personality. In both situations, the investigating authorities must be very careful to protect the rights of the minor.
The provisions of the Youth Law are supposed to serve as a candle at the feet of the investigators. The investigating authority must not act while ignoring the provisions of the Youth Law, for example – the defendant/minor must be interrogated by a youth investigator who is skilled and knowledgeable in the ins and outs of the law and the rights that arise for the minor (regardless of the manner of his conduct, his expressions and his character).
- Further, I discussed at length above some of the expressions directed at the defendant, such as; "Criminal"And"Kid Kick"And"Shit"Which, in my opinion, have no place in the framework of a legitimate investigation. In addition, in this context, I find it appropriate to refer once again to the questions addressed to the interrogator Ben Lulu and his answer in relation to these questions:... In the interrogation of March 8 on page 9, you smoke thin cigarettes, you hold a cigarette and you say to (the defendant) it's a cigarette of your size, do you know why I'm having fun when I hold this cigarette?". Investigator Ben Lulu, in response, replied: "It's small, that's a fact, and the cigarette I smoke is small too.". In this context, I have no choice but to refer to the words of the late Justice Cheshin (which were said in a different context, but their force is nice, here as well) according to which they are:
"A small person is a person, he is a human being, he is a man, even a small man in his dimensions. And a man, even a small man, is entitled to all the rights of a great man." - (See Civil Appeal 6106/92 Anonymous v. Attorney General, 48 (2) 833, (Forum in Nevo, 5/7/94).