Interrogations-and-Confessions-Handbook

Canadian and Israeli Cases 589
and effective in the fight against terrorism (Izenberg, 1995). It has been argued
that Israel is under constant threat of terrorism and fighting terrorism is a
matter of the nation’s survival (Kellerman, Siehr & Einhorn, 1998).
In September 1999, the High Court of Justice in Israel, comprised of nine
justices, ordered GSS interrogators to stop using physical pressure to extract
confessions from suspects (Izenberg, 1999a, 1999b).
GENERAL CONCLUSIONS
The two cases discussed in this chapter raise important issues about the admissibility
of confession statements and the risk of a false confession. Most important,
the concept of voluntariness, as used in law, has primarily to do with
the type and intensity of psychological and physical pressure that is legally
sanctioned to break down detainees’ resistance and their free will during interrogation.
Therefore, what is legally allowed may not permit the exercise of
free will and freedom of choice, because the criteria used are adjusted to suit the
purpose of a given legal system. In the two cases, the pressure exerted upon the
suspects was extreme and considerably greater than would typically be seen
during police custodial interrogation. In each of the two countries, the law provided
the interrogators with considerable authority to exercise powerful and
coercive tactics, which could lead to false as well as true confessions. Does the
end justify the means? Are such tactics ever morally justified? No doubt, the
views of members of the public, police, judges and legislators in different countries
will vary immensely. What is particularly important is that interrogators,
prosecutors and judges are aware of the potentially deleterious consequences
of applying such tactics to suspects and exercise caution in their practice and
judgement.