(p. 356 of the transcript, line 25 to page 357, line 2).
The witness's answer to this question was: "I don't decide whether he will be sent to jail".
The Defendant's Attitude to the Second Dubbing
- During the interrogation of the defendant, He was asked, Among other things, about his feelings immediately after he was put into the dubbing booth. He emphasized that he was helpless, When, According to him,, He began to imagine all kinds of things, This is against the background of his being around heavy criminals who spoke to him with contempt. Yes, He feels threatened, When the informants called him "". Sometimes, The informant was standing right in front of him next to him. Yes, He was afraid of the attitude shown by the informant Vanunu towards him, When the informant had a more active part in the interrogation exercise than the informant Lasri. As claimed, At some point, During the dubbing exercise, The defendant was even forced to take out his pockets and take off his shirt in order to prove to the informants, Because it's not dubbed. He did it, Out of fear and he had no other choice, This is against the background of the threatening and aggressive behavior of the informants towards him (pp' 488 For the minutes up to 1 p' 490).
In addition, he said, the informants did not let go of him. Even after he proved to them that he was not an informant, they continued to ask him stressful questions such as; If he messed with a girl. And then, move on to him."Movies in mind" and thought that he would not leave the cell at all, which led him to invent a story concerning the act of murder, and so he said: " That he says about me that I'm a pedophile, that I'm a rapist. And then in all the movies I see what the rapists do in prison, the treatment they get if I tell him I'm a rapist, so I don't get out of that cell". (p. 490 of the transcript, lines 12-16).
- According to the defendant, He had to invent a story in order to calm the informant, and this is how his words were expressed during his testimony before us: "That he would calm down and that he wouldn't do anything to me that I would have trauma for my whole life from him and also that he was clinging to me so all the time his hand was behind his back I don't know what his name was there maybe he came to punch me in the face maybe he tried to stab me I don't know." (pp' 491 For the record, Lines 13-10).
During the defendant's cross-examination, He was asked at length about the second dubbing, during which he confessed to a murder caused by stabbings (See his testimony beginning with' 549 For the record). According to the defendant, He confessed to the informants, Because he was afraid that he would be hurt or raped. in his consciousness, The informants were portrayed as criminals and serious criminals. Hence, According to his claim, His confession stemmed from fear of them.
- According to the testimony of the defendant, The atmosphere that sang inside the cabin, As soon as he enters there, She was hostile; When he said, The Informants, Fight with the policemen, Shout, They started cursing the defendant and immediately began to ask him questions. The defendant first chose to talk about his involvement, Supposedly, On suspicion of a drug offense, Since this is a field in which he understands a little. The informants did not let go of him, as, They understood from the interrogator that he had put the defendant inside the cell, Because this is a suspicion of murder. The conduct of the informants frightened the defendant until he decided to invent the story he was telling them about his involvement, Supposedly, In the act of murder, Thus on-According to his words (See - pp' 552 For the record).
- Here is the place to note, Because the defendant stated that the informants did not beat him. At the same time, They clung to him physically, They wouldn't let him breathe and were about an inch away from him, When one of them was constantly with his hand behind his back. (pp' 553 For the record, 3-2).
- The defendant further stated, Because there were times when he gave false things to the informants and there were times when he gave the right things. Yes, The defendant confronted the claim, that he maintained his right to remain silent throughout the interrogations because he wanted not to "Exit" A witness to a lawsuit against others.
- As for the tone of speech during the act of dubbing, This is what the defendant testified: "When you enter the character of a murderer and you tell a story, then you won't shout, yes, I murdered this way and that, you won't shout it, and he also at some point his tones dropped after I started telling him the story and hearing what he wanted to hear, he also suddenly talked to me calmly and became calmer and the atmosphere in the cell was more relaxed". (pp' 570 For the record, Lines 6-3). And later on the same page, This is what the defendant testified: "So I'm telling you that I adapted myself and my voice of speech and my behavior to his behavior and to be like him at that moment when I was with him in the cell and it all stemmed from my fear of being there" (Name, Lines 32-30).
Discussion and Decision; Employing improper interrogation methods in the context of the second dubbing:
- Given the above grouped, Listening to the dubbing tape and the transcript, Similar, Because there is no choice but to disqualify the defendant's confession to the informants. And again we will mention, We are interested in a minor defendant, Asher on the same day he was brought to the dubbing booth, He was arrested and subjected to a series of preliminary interrogations, Exhausting and tiring, Without the presence of a parent and here it is, At the end of the day, He is brought into a cell with two adult informants, While he finds himself in a peripheral environment that radiates pressure and threat.
- Here it is., At the end of the initial stages of the investigation, (With all their characteristics, As I discussed in the previous chapters) The defendant finds himself in a cell with two detainees with a much larger physical dimension than he has (Just as one could get an impression of the body structure of the informants as they stood on the witness stand before us, and even as the informant Vanunu testified about himself, noted that in terms of his physique, He is significantly taller than the defendant (pp' 331, Row 28)).
- As mentioned above, After about -18 Minutes inside the dubbing booth, The defendant confessed to committing an offense. Careful examination of the course of dubbing during 18 These minutes teach, that from the moment the defendant was placed in the detention cell, The two informants began (Especially the voice actor Vanunu, whose involvement in the dubbing process was more dominant than the second voice actor) to address to the defendant questions that indicated a suspicion that arose in them regarding the nature of the defendant and the possibility that he was an informant and/Or a man of authority. Yes, They asked for details regarding the nature of the suspicions attributed to him; And so they approached him:
"Machine from"2": What are you arrested for?