On 8 October 2019, the Palestinian Center for Human Rights (PCHR) sent an urgent appeal to the United Nations (UN) Special Rapporteur on the situation of human rights in the Occupied Palestinian Territory, Mr. Michael Lynk, and UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Mr. Nils Melzer, concerning the situation of Palestinian Detainee Samer al-Arabid, a 44 year old Palestinian, who was hospitalized after undergoing interrogation with Israeli internal security service (Shin Bet).
In its letter, PCHR explained that the use of torture by the Shin Bet to investigate Palestinian prisoners is still permissible as the Israeli High Court in 1999 ruled that torture can be used in “ticking time-bomb” circumstances and gave its tacit approval to the use of the defense of necessity contained in section 34(11) of the Penal Law (1977). PCHR stressed that the extra-ordinary measures used by the interrogators which led to the deterioration of Samer’ medical condition, are in violation of Israel’s obligations under Article 2(2) of the Convention against Torture, which provides that the prohibition of torture is absolute and non-derogable and that no exceptional circumstances whatsoever may be invoked to justify acts of torture. Moreover, it constitutes a grave breach of Article 147 of the Fourth Geneva Convention and Article 11 of the First Additional Protocol to the Geneva Conventions, and amounts to a war crime under Article 85 of the Protocol.
PCHR expressed its concern that resuming Samer al-Arabid’s interrogation can lead to a further deterioration in his health and endanger his life. Israel has many precedents proving the security officers involvement in torture against dozens of prisoners, the latest of which was the recent death of Nassar Majed Taqatah (31), from Bethlehem, during his interrogation, only one month after his arrest.
PCHR called on the Special Rapporteurs to publicly condemn Israel’s use of extra-ordinary measures, which amount to torture, against Palestinian prisoners and detainees, including Samer al-Arabid, and to exert pressure to prevent Israel from employing these extra-ordinary measures again if his condition improves and his interrogation continues.
To read PCHR’s urgent appeal letter, click here.