Israel breaks silence on Prisoner X case

Updated

Sorry, this video has expired Video: More questions raised over Zygier case (The Midday Report)

Israel broke its silence on the Prisoner X case overnight, as Foreign Affairs Minister Bob Carr confirmed the Federal Government knew of the imprisonment of Australian man Ben Zygier as early as February 2010.

Earlier this week the ABC's Foreign Correspondent program revealed the likely identity of Prisoner X as Zygier, who was found dead in a supposedly suicide-proof cell in a super-secret prison near Tel Aviv in late 2010.

After partially lifting a gag order banning media coverage of the case, Israel confirmed it imprisoned a mystery foreigner in solitary confinement, and that the man later committed suicide.

A statement released by Israel's justice ministry confirmed the prisoner was held under a warrant issued by a court, but did not reveal his identity or the charges against him.

"The Israel Prisons Service held a prisoner who was an Israeli citizen and also held foreign citizenship," the statement said.

"For security reasons the man was held under a false identity although his family was immediately informed of his arrest."

The statement says the man was found dead in his cell two years ago and a judicial inquiry ruled that he had taken his own life.

"Procedures regarding the prisoner were followed by the highest officials at the ministry of justice, and the individual rights of the prisoner were retained, subject to the provisions of the law," it said.

Zygier, 34, came from a respected Jewish family and studied law at the University of Melbourne. He had also served in the Israeli military.

He was also known by the names Ben Alon and Ben Allen, and the ABC understands he had been recruited by spy agency Mossad.

It is understood he "disappeared" in early 2010, spending several months in the Prisoner X cell at Ayalon Prison in the city of Ramla before being found dead.

DFAT knew in Feb 2010

This morning Foreign Affairs Minister Bob Carr, who had to make an embarrassing about-face on what his department knew about the case yesterday, was questioned about the case in a Senate Estimates hearing.

He said intelligence sources first told the Government of Zygier's imprisonment in February 2010.

"I'm advised in the form of an interim report that the Australian Government was informed in February 2010, through intelligence channels, that the Israeli authorities had detained a dual Australian-Israeli citizen - and they provided the name of the citizen - in relation to serious offences under Israeli national security legislation," Senator Carr said.

"The Australian Government specifically sought assurances from Israel that 1. the individual's legal rights would be respected, 2. he had legal representation of his own choosing, and 3. the individual's family members had been notified of his arrest and detention, and 4. he was not being mistreated.

"The Israeli government further advised the Australian Government that the individual would be treated in accordance with his lawful rights as an Israeli citizen. The Australian Government relied on these assurances.

"At no stage during his detention did the Australian Government receive any request from the individual or his family to extend consular support.

"The Australian Government was advised through intelligence channels on December 16 2010 of this individual's death on the previous day, and the deceased's family had been notified by Israeli authorities.

"The Australian embassy in Tel Aviv provided assistance in the repatriation of the body to Australia in December 2010. I speak with respect for the grieving of this man's family, and I respect their grief at this news."

Senator Carr said DFAT was still working on a final report on the issue, which it hopes to finalise towards the end of the week.

"With the benefit of that full report, I'll determine what representations to the government of Israel are most useful," he said.

"I will also want time to read fully and to analyse the statement that came from the Israeli government overnight.

"I'd prefer not to venture further into this territory until I've received the full report."

DFAT head Peter Varghese also told the hearing the Australian Embassy in Tel Aviv gained information about the case "through intelligence channels".

Asked whether it was normal practice to seek assurances of a prisoner's treatment through intelligence channels, Mr Varghese replied: "No Senator, it's not normal practice and this is not a normal case".

Attorney-General Mark Dreyfus said Senator Carr had ordered a review of consular processes.

"I'd have to say that the events that have come out in the media are a tragedy," he said.

"They are deeply upsetting, particularly to Mr Zygier's family. I'd extend my sympathies and those of the Government to Mr Zygier's family."

'In Israel we can't write about it'

The Prisoner X case is a state secret in Israel, with the government going to extraordinary lengths to stifle media coverage and gag attempts by human rights organisations to expose the situation.

The deputy editor of the Jerusalem Post, David Breen, says a gag order was issued just after he came across the ABC report on Tuesday.

"Our police reporter Ben Hartman called me and said that he saw a story online on ABC TV in Australia about Prisoner X and about the TV show they were about to run giving details about him and his case in Israel," he told AM.

"And we decided that it would be a story we needed to have and that he was going to write it.

"A few minutes later we received a phone call from the [Israeli Defence Force] military censor saying that any material about Prisoner X and about this Australian TV report could not be written about in Israel, it was under gag order by court order.

"I pointed out the fact that I was reading about it right now on the ABC site and they said 'It doesn't matter, in Israel we can't write about it'."

Following the ABC report, Israeli MPs and commentators began asking tough questions about the mysterious detention and apparent suicide of Prisoner X.

Twenty-four hours after Foreign Correspondent broke the story, the Israeli censor moved to ease the total blackout on coverage of the incident, allowing the local press to publish details from the report.

Although the Israeli press can now quote foreign media on details of the case, the restrictions bar any original reporting on the incident.

Map: Ayalon prison, Ramla, Israel

Topics: foreign-affairs, government-and-politics, prisons-and-punishment, law-crime-and-justice, world-politics, israel, australia, vic, melbourne-3000

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