An Israeli district court has ruled that the Israel Prison Service failed to show that it used stun grenades lawfully in detention wings, and ordered the service to correct its protocol governing their use, which the court found to be deficient.
The ruling came in response to a petition by Asher Benjamin Weiss, who is charged with serious espionage offenses on behalf of Iran. Weiss argued that the Prison Service was using stun grenades systematically and without justification as a means of intimidation.
According to data presented to the court, stun grenades were used seven times over six and a half months in the wings where Weiss was held. The court rejected Weiss's claims of dozens of incidents and of grenades being thrown directly into his cell, finding no evidence to support them.
The court ruled that Regulation 20 of the Prison Regulations, which allows a guard to use reasonable means to maintain order and protect staff or prisoners, can serve as a legal basis for using stun grenades. It stressed, however, that the authority is not unlimited, and that each use must be examined for necessity, purpose and proportionality.
The court found that the Prison Service's protocol provides adequate guidance for responding to spontaneous incidents, but is deficient when it comes to planned operations. According to the ruling, the protocol sets no clear standards for such operations, contains no oversight mechanisms, and does not require that alternatives be considered or that prior approval be obtained. The court ordered the Prison Service to correct and complete the protocol immediately.
In the seven incidents in Weiss's wing, the court found that the Prison Service did not present the basic facts needed to establish that the operations were lawful. The service could not show who authorized them, what operational need they served, whether less severe alternatives were considered, or whether the required reviews were carried out. The court therefore ruled that the Prison Service had not proven the incidents were lawful.
Weiss's petition was initially dismissed on the grounds that it had been filed in the wrong venue. Following an appeal, the Prison Service agreed to have the matter examined on its merits, and the case returned to the district court, where the service presented its protocols and records of stun grenade use.
The Prison Service has not yet responded to the ruling.
