Court Rules Prison Service Procedures for Flashbang Grenades Inadequate

A dramatic petition filed by a security detainee has led to an unprecedented judicial intervention, with a court ruling that the Israel Prison Service's (IPS) procedures for using flashbang grenades in planned operations are deficient. The court ordered the IPS to immediately rectify these procedures and prove the legality of their use in seven specific past incidents.

The District Court issued a sharp ruling stating that the IPS had used flashbang grenades in detention wings without sufficient legal justification, and that the organization's procedures on the matter were flawed. This decision followed a petition by Asher Benjamin Weiss, accused of serious espionage for Iran, who claimed the IPS systematically and unjustifiably used flashbangs to create a climate of fear.

Official IPS data presented to the court revealed that flashbangs were used seven times in Weiss's detention wing over a six-and-a-half-month period. While the court dismissed Weiss's more extreme claims of dozens of incidents and direct deployment into his cell due to lack of evidence, the official data itself painted a disturbing picture.

The court acknowledged that Regulation 20 of the Prison Regulations, which allows guards to use reasonable means to maintain order and protect staff or inmates, could serve as a basis for using flashbangs. However, it emphasized that this authority is not absolute and requires a strict assessment of necessity, purpose, and proportionality.

The primary deficiency identified was within the IPS's own procedures. While the existing regulations addressed spontaneous incidents, they were found to be inadequate for planned operational activities. The procedures lacked clear standards, oversight mechanisms, requirements to consider alternatives, or mandatory prior approval. The court ordered the IPS to immediately amend and complete these procedures.

Furthermore, the IPS failed repeatedly to provide minimal factual evidence to justify the legality of the seven specific incidents where flashbangs were used in Weiss's wing. The organization could not explain who authorized the actions, their operational necessity, whether less forceful alternatives were considered, or if required debriefings were conducted. Consequently, the court ruled that the IPS had not proven these events were lawful, marking a significant reputational and legal blow to the prison system.