US JUDGE ORDERS ISRAEL FILES

US JUDGE ORDERS ISRAEL FILES
23.12.2005. 09:19:00

A US judge in Chicago has ordered prosecutors to request scores of documents from Israeli security forces relating to the interrogation of an American citizen accused of funneling millions of dollars to the militant Palestinian group Hamas.

The case could have far-reaching implications for the prosecution of terrorists interrogated by foreign governments.

The judge told prosecutors they must ask Israeli security forces to turn over documents which could refute or support the man's claim that his statements were obtained through torture.

Statements obtained through torture are inadmissible in US courts.

Muhammad Salah of Chicago, Abdelhaleem Ashqar of Virginia and Hamas leader Mousa Marzook, who is considered a fugitive living in Syria, were charged in August 2004 with operating a 15-year racketeering conspiracy in which they provided material support to terrorists.

Hamas, an acronym for the Islamic Resistance Movement, is the main Palestinian group opposed to peace accords with Israel.

It has claimed responsibility for suicide bombings and other attacks which have killed scores of Israelis.

Documents classified

Prosecutors told the court that between five and eight members of the
Israeli security forces were prepared to testify at a March 6 hearing as to whether torture was used to obtain information from Salah, who spent nearly five years in an Israeli prison following his 1993 arrest.

They said much of the information requested by Salah's defence team, such as the identification of jailhouse informants, or 'birds' whom Salah said beat him in order to force a confession, was classified information that the Israeli security forces would not supply.

Other documents requested by the defence were simply not available.

Salah's defense attorney said calling records 'classified' was not a sufficient justification for violating his client's right to access records that could prove his innocence.

'Why is the United States justice system burdened by what the Israeli government determines is classified?' defense attorney Michael Deutsch asked the court.

'If they can't get the documents that the court rules are relevant then they can't use the statements.'

Federal judge Amy St Eve gave prosecutors until January 13 to provide the documents requested or else explain why they were not available.
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