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Death of Ben Zygier

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Prisoner X, also Mr. X or Mister X, are placeholder names for a man who was imprisoned in Israel in strict secrecy for unspecified crimes at Ayalon Prison, a maximum-security prison in Ramla, and who died in custody in 2010. Multiple news sources have identified him as Ben Zygier, an Australian-Israeli citizen who was allegedly a member of Mossad. Despite the numerous reports from news agencies, Israel continually denied his existence and issued a gag order for Israeli media to not report on his existence. Only after increased media coverage indicating his existence, Israel formally acknowledged his existence in February 2013, but without providing the prisoner's identity.

Background

Rumour of the potential existence of a prisoner, who was held in Israel for unspecified crimes at Ayalon Prison, a maximum-security prison in Ramla, first surfaced when an Israeli news website (Ynet) briefly posted an article about him in 2010. The article was taken down within hours, and was allegedly removed because the Israeli security services had a gag order imposed.[1][2] These reports claimed that the man was confined in total seclusion, that was being housed in the cell that was built for Yigal Amir, the assassin of Yitzhak Rabin, and that he was being held in such secrecy that even his guards did not know his identity.[1][3][4]

The Association for Civil Rights in Israel sent a letter to the Attorney General, Yehuda Weinstein, protesting the conditions of this man's detention. The chief legal counsel for the Association, Dan Yakir, wrote: "It is insupportable that, in a democratic country, authorities can arrest people in complete secrecy and disappear them from public view without the public even knowing such an arrest took place"[1] Weinstein's deputy replied that "The current gag order is vital for preventing a serious breach of the state's security, so we can not elaborate about this affair".[5]

On February 13, 2013, Israel partially lifted the gag order, and the Israeli Justice Ministry acknowledged that a man had been held in strict secrecy under a pseudonym for "security reasons", and had died in custody. The statement claimed that the man's family had been informed immediately of his arrest, that he had been given a secret trial overseen by senior Justice Ministry officials, and that his legal rights had been fully respected "according to the law." In addition, the statement said he had been represented by three lawyers during his trial, who were named as Roi Belcher, Moshe Mazor, and Boaz Ben-Zur.[6]

Australian Foreign Affairs Minister Bob Carr revealed on 14 February 2013 details from an interim Department of Foreign Affairs and Trade report. He said that the Australian Government had been advised in February 2010 that Israel had detained a dual Australian-Israeli citizen. The advice, through "intelligence channels", included the prisoner's name, and the allegation of "serious offences" under Israel's national security laws. The Australian Government received assurances from Israel regarding the individual's legal rights, his own choice for legal representation, notification of family members, his treatment whilst detained, and respect of his rights as an Israeli citizen. There was no request for consular assistance from either the individual or family members. On 16 December 2010 the government was advised through "intelligence channels" that the individual had died the previous day, and his family had been contacted by the authorities in Israel. The Australian embassy in Tel Aviv assisted in repatriating the body to Australia.[7]

Identification

In February 2013 the Australian Broadcasting Corporation (ABC) aired a Foreign Correspondent program which claimed there was strong evidence that Prisoner X was Ben Zygier, a dual citizen of Israel and Australia, and who carried an Australian passport in the name of Ben Allen. The ABC report stated that Zygier had been a Mossad agent before being imprisoned, and was found by prison guards hanged in his cell on 15 December 2010 and buried in Australia a week later, at Melbourne's Chevra Kadisha Jewish Cemetery.[8] Zygier, who came from a prominent Jewish family in Melbourne, had emigrated to Israel ten years before his suicide, taken the more Israeli name Ben Alon, and was married with two children.[9]

According to a report in the Sydney Morning Herald, Zygier was investigated by the Australian Security Intelligence Organisation for allegedly using his Australian passport to spy for Israel. He reportedly visited Iran, Syria, and Lebanon with his Australian passport, and was also alleged to have studied at Melbourne's Monash University with the purpose of mingling with and gathering intelligence on Arab students.[10]

Australian Foreign Minister Bob Carr at first claimed that his government was unaware of Zygier's detention until after his death, when Zygier's family asked for assistance returning his body for burial in Melbourne. However, he testified on 14 February to the Senate that Australian intelligence was alerted by Israel to his arrest on 24 February 2010, shortly after the arrest occurred. This information was not shared with the Foreign Affairs Department, according to Secretary Peter Varghase.[11]

After the ABC report was released, the Israeli government refused to comment, but reportedly asked media chiefs not to publish "information pertaining to an incident that is very embarrassing to a certain government agency".[12]

According to the Israeli news website Ynet, Prisoner X's attornies and family were required to sign non-disclosure agreements with the government, preventing them from acknowledging or denying aspects of the case reported in the press.[13]

Reactions

Following the revelation, Knesset members Dov Khenin, Zahava Gal-On, and Ahmad Tibi urged outgoing Israeli Justice Minister Yaakov Neeman to address the ABC report, and criticized the government's conduct,[14] while Nitzan Horowitz, who had originally filed a grievance over the matter in 2010, sent a letter to Attorney-General Yehuda Weinstein urging him to investigate, stating that "clandestine arrests and detentions are unacceptable and inconceivable in a democratic state. They pose a tangible threat to the rule of law and undermine the public's confidence in the legal system."[15]

The Australian government announced that it would investigate Zygier's death.[16]

In the evening of 13 February 2013, the Israeli government published a statement confirming the existence of Prisoner X for the first time. Although the statement did not name Zygier as the inmate, it confirmed a few key details of the affair that had already been reported. The statement said that a dual national was held and imprisoned under a false name for security reasons, that he had hanged himself, and that a gag order had been in effect over the case. It also asserted that the prisoner was afforded legal representation during his detention and that his family was notified of the arrest.[17]

References

  1. ^ a b c Richard Spencer and Adrian Blomfield (21 June 2010). "Israel gripped by identity of 'Prisoner X'". The Telegraph.
  2. ^ Lital Grossman (August 6, 2010), Coming Soon to Shabak Dungeons Near You, Ha'ir, Template:He icon (English translation)
  3. ^ Jason Koutsoukis (June 23, 2010). "Uproar in Israel over top secret prisoner". Sydney Morning Herald.
  4. ^ Vita Bekker (June 23, 2010). "Speculation rife over identity of Israel's prisoner 'Mr X'". The National.
  5. ^ Without secrets, HaAyin HaShevi'it Template:He icon
  6. ^ Naama Cohen-Friedman; Aviel Magnezi; Shahar Chai; Noam (Dabul) Dvir (13 February 2013). "Israel acknowledges 'Prisoner X' existence". Ynet News. Retrieved 14 February 2013.
  7. ^ "Israel breaks silence on Prisoner X case". ABC News (Australia). 14 February 2013. Retrieved 14 February 2013.
  8. ^ "Israel rattled by mysterious Australian prisoner: ABC". Reuters. London. 12 February 2013. Retrieved 14 February 2013.
  9. ^ Pollard, Ruth (13 February 2013). "Ben Zygier: ASIO suspect who died in Israeli jail". The Sydney Morning Herald. Retrieved 13 February 2013.
  10. ^ Malcolm Farr (14 February 2013). "Government admits to secret talks about 'Prisoner X' Ben Zygier". Retrieved 13 February 2013.
  11. ^ "Israel's mystery Prisoner X 'was Australian Ben Zygier'". BBC News. 2013-02-12. Retrieved 2013-02-13.
  12. ^ Naama Cohen-Friedman (13 February 2013). "Israel acknowledges 'Prisoner X' existence". Ynetnews. Retrieved 13 February 2013.
  13. ^ Azulay, Moran (13 February 2013). "MKs: Anonymous prisoners commit suicide in Israeli jails". Ynet News. Retrieved 14 February 2013.
  14. ^ "MK Horowitz: Making someone 'disappear' inconceivable". Ynet News. 13 February 2013. Retrieved 14 February 2013.
  15. ^ Sanders, Edmund (13 February 2013). "Australia investigating mysterious 2010 death in Israeli prison". Los Angeles Times. Retrieved 14 February 2013.
  16. ^ Aaron Kalman (13 February 2013). "Israel confirms existence, suicide of 'Prisoner X'". Times of Israel. Retrieved 13 February 2013.

External links

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