In this context, and in the possibilities of conducting an investigation, I will refer more than necessary to criminal appeal 7758/04 Badr Abd al-Qader v. State of Israel (July 19, 2007) [above], although in our case we are dealing with completely different circumstances, I find it all the more lenient in our case:
"An effective investigation, by its very nature, involves in-depth penetration into the individual' s domain, placing them in embarrassing situations, creating displeasure and anguish, and physically and mentally coping with an interrogator who wishes to uncover the truth, even if this entails a burden on the individual being investigated (Criminal Appeal 9613/04 Ben Simon v. State of Israel (unpublished). hereinafter: Criminal Appeal 9613/04) ....Even assuming that the ISA interrogation practiced the practice of pressuring the interrogee in the manner in which he incriminated his accomplice, as the appellant claims, this does not detract from the basic trust that the court placed in the interrogators' testimony, and the lack of trust it had in the appellant's testimony on those points of dispute. In other words, even if the interrogation was conducted in a manner that is not "routine" in the sense of a "regular" police interrogation, but because of the security nature of the interrogation-offenses by the ISA, I am convinced that it cannot be said, at the end of the day, that all of this would have harmed the evidentiary value of the confession. Therefore, the allegations regarding the investigation do not contribute to changing the outcome of the trial."
From all of the above, the series of claims regarding flaws in the interrogation P/172 should be rejected, for the above reasons.
It should be added that even if it were possible to accept any of the allegations of flaws, in the test of giving statements freely and voluntarily, the answer to observer B/172 is clear - the entire course of this investigation is free and voluntary, and not only that, but also on the initiative of the defendant, who directs and leads the investigation to the areas that he wishes to lead.