Israel's Supreme Court on Monday unanimously upheld the right of freed Lebanese militant commander Mustafa Dirani to sue Israel for the alleged torture and rape he endured during Israeli interrogations. The decision by Justices Ayala Procaccia and Salim Joubran comes despite the fact that Dirani is a known terrorist as well as the citizen of an enemy nation. Dirani was imprisoned in Israel from 1994 to 2004. Israeli forces hoped his interrogation would provide fresh information on the fate of missing Israel Air Force navigator Ron Arad, whose jet was downed over Lebanon in 1986, as well as information regarding other terrorist activities Dirani in which participated. In 2000, while in Israeli custody, Dirani filed a lawsuit for damages of NIS 6 million against the state of Israel, stating that he was seeking compensation for brutal torture and acts of rape and sodomy allegedly inflicted upon him during his interrogation. Dirani was freed in January 2004 as part of a German-mediated prison swap between Hezbollah and Israel. In exchange for his release, Hezbollah handed over Israeli businessman Elhanan Tannenbaum, as well as the bodies of three Israeli soldiers killed on the Israel-Lebanon border in October 2000. Dirani joined Hezbollah shortly after his release, leading the Israeli government to request that the courts throw out his claims. [The courts] are not obliged to look into claims that belong to the enemy, the government said. An Israeli district court acceded to the government's request, prompting Dirani to appeal to the Supreme Court. In her court ruling, Justice Procaccia wrote, An enlightened judicial system extends its judicial scope and adheres to the claims of enemies who were in the state's custody.
