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Serious Crimes Case (Nazareth) 44182-03-16 State of Israel v. Anonymous - part 33

February 11, 2019
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In his testimony before us, The interrogator tried to explain his conduct during the interrogation, While legitimizing his actions and statements that came against the background of the defendant's own problematic character and conduct.

  1. From the testimony of Investigator G'Steam in front of us, It is also possible to understand the defendant's argument that he is ill, Exhausted and hungry, Not only was it not taken care of, But also, It was not forwarded and was not brought to the attention of other investigative bodies when the defendant was brought before them for further interrogation. The interrogator's explanations as to the meaning of his conduct, In this context, They were not convincing (See - For this purpose, pp' 57 For the record, Lines 1 -10).  Thus, for example, the interrogator testified: "Listen, when he says to me, you made me sick, I didn't refer to it in the sense of illness, As if he could just as well say, "You made me crazy."" (pp' 57 For the record, Lines 1 -4)
  2. Therefore,, Also in the context of this investigation, The police walked on a very thin rope located on the border between what is allowed and what is forbidden, And even while slipping into the dark realm. This is especially true when we are dealing with a minor who has not yet reached the age of 18 18 A year and a year, Because the investigating authority did not understand it as such.  (See - pp' 62 For the minutes of the hearing).
  3. In the testimony of the defendant before us, During his main interrogation, In response to the question - How did he feel during this trip, He answered: "... I told him I was exhausted, I'm cold and my head hurts, And that's it, he didn't relate to it, As if, He didn't give me a pill or anything" (pp' 487 For the record, Lines 13 -15).
  4. One should not ignore the impression that the interrogators were motivated and energetic to get the defendant to give a version and/or confess to the acts attributed to him. The course of the trip, the words that were uttered to the defendant, their attitude towards him and his complaints that he was tired and exhausted, their attempts to get him to give a version and relinquish his right to remain silent, all of these together were instructive of the nature of the interrogation that did not take into account the many rights of the minor defendant, who is usually interrogated by an interrogator who is not authorized to serve as a juvenile investigator.

Take an example, This is how the investigator approached the defendant at the beginning of the trip: "Say goodbye to Afula, Come on, tell me., Your street here is close, True, Do you know when you'll be back if you come back...".  In the witness's explanations regarding the reason underlying his remarks, he noted, That he knows the case and knows that the person was being investigated for murder and he didn't lie to him (pp' 65 For the record, Row 3 -4).

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