Judge orders IPS to respond to claims of defendant accused of spying for Iran: "I was starved in detention"

Tel Aviv District Court Judge Oded Maor ruled on Wednesday that the Israel Prison Service (IPS) must respond within seven days to claims by a defendant accused of contacting an Iranian agent, according to which he was denied food for 36 hours and subjected to abusive treatment. The judge emphasized that fundamental rights apply even to those accused of the most serious crimes, and ordered that he be allowed to wear tefillin daily and speak with his defense attorney.

The Tel Aviv-Yafo District Court reviewed the detention conditions of a defendant accused of serious espionage, who previously served in a classified IDF unit. Last month, the Cyber Department of the State Attorney's Office filed an indictment against the man, charging him with contacting a foreign agent and attempting to deliver information to the enemy, after he allegedly maintained contact with an Iranian intelligence officer and attempted to recruit another soldier.

The hearing focused not on the substance of the charges, but on the detainee's recurring complaints regarding his treatment by prison authorities. The defendant claimed that during transfers and while in detention cells, he suffered from abusive treatment, including being denied food for 36 consecutive hours.

Judge Maor noted that although he had previously approached the IPS and was told there was no official complaint on file, the fact that these claims persist at every court appearance justifies an investigation:

"A claim that food was withheld for 36 hours should not be heard from a detainee or from anyone at all."

In his decision, the judge drew a red line regarding the rights of detainees, clarifying that being in custody does not deprive a person of their basic rights. The judge noted that the inherent harm of detention is primarily the restriction of liberty, which does not justify harm to one's body or dignity. According to him, a society is tested not by its declarations of democratic and moral values, but by its willingness to uphold them even toward those who commit crimes against it.

At the end of the hearing, the judge ordered the IPS to submit a detailed response to the claims within seven days. Additionally, after it was revealed that he had not been allowed to wear tefillin that day, the judge ordered that he be permitted to do so daily and authorized one phone call with his attorney. His case was referred to the Probation Service for a report ahead of the next hearing.