Press Releases

On the Anniversary of the International Day in Support of Victims of Torture

Ref: 83/2000

Date: 26 June, 2000

In resolution #52/149 of 12 December 1997, the UN General Assembly”

“Recalling Economic and Social Council decision 1997/251 of 22 July, in preparing for the fiftieth anniversary of the Declaration of Human Rights,

Decides to proclaim 26 June, United Nations International Day in Support of Victims of Torture “with a view to the total eradication of torture and the effective functioning of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which entered into force on 26 June 1987.”

On this anniversary, PCHR reminds the international community that thousands of Palestinians have been subjected to illegal interrogation methods used systematically by the Israeli General Security Services (GSS) over more than three decades. Hundreds of Palestinians who were convicted on the basis of information extracted from them after being tortured are still detained in Israeli prisons and detention centers. Moreover, there are thousands of Palestinians suffering from the social and psychological trauma of torture, even though Israel continues to deny its responsibilities for its crimes against them.

Over the last three decades Israel has been systematically using torture against Palestinians. Indeed, Israel is the only state in the world to have legalized torture. Over the last year, international, Israeli and Palestinian human rights organizations have fought against the use of torture by the GSS interrogators. The use of torture by the GSS is a grave violation of international law and violates Israeli commitments as one of the states that ratified the Convention Against Torture and other Forms of Inhuman or Degrading Treatment of 1984. In 1987, the very same year the Convention came into force, a special commission of inquiry headed by former Israeli Supreme Court Justice Moshe Landau concluded that GSS interrogators were entitled to use “moderate physical pressure” against Palestinian detainees. This is used as legal cover for the use of torture. Torture allowed by the Landau Commission included the method of shaking. Such methods have lead to the death of a number of Palestinian prisoners. Among those prisoners was Abdel Samad Hirizat who was transferred to the hospital unconscious less than 24 hours after his arrest on 20 April 1996 and was pronounced dead five days later.

On 6^th September 1999, the High Court of Justice held and issued its ruling on a number of applications concerning the use of torture by the GSS submitted to it by human rights organizations. The court ruling prohibited the employment of physical force by the GSS. Specific methods that were prohibited included shaking, shabeh, sleep deprivation, loud music and frog crouching. The court ruling considered these methods illegal. The court decision was widely distributed internationally in an attempt to face continual criticism by international and human rights organizations that had condemned Israel as the only state to legalize torture.

Although the Court ruling is a milestone in the battle against torture, it indicated that the Israeli legislature, Knesset, could actually pass a law allowing torture. While PCHR expressed satisfaction with the Court decision, it expressed deep concern over the invitation to sanction torture against Palestinian detainees. The Court mentioned only that the GSS is not authorized to practice such methods and added that if the state wished to enable the GSS to use physical methods, it must first pass legislation (para. 37 of the decision). Surprisingly, the Court declined to take a position against the use of torture despite finding that such methods violate both international and Israeli Basic Law.

Accordingly, the door was opened to the legislature to enact a law that authorizes the use of torture against Palestinian detainees. On 14 September 1999, eight days after the Court’s decision, the opposition Likud alliance submitted a proposed law to the Knesset that would allow the GSS to use torture. The media reported that Prime Minister Ehud Barak would establish a committee to resolve the conflict between the Court decision and the needs of El Shabak (GSS). In his comment on the court decision, Ilyakiem Rubinstein, the Legal Advisor to the Israeli government, concluded that the decision put the GSS into a difficult position and that therefore he would support the passing of new legislation concerning the interrogation process.

In the latest development concerning the Court decision, the media reported that the GSS had dropped its demand for the enactment of legislation legalizing torture. Such a decision was announced by Ami Ayalon, Head of Shabak, during a special session held 15 February 2000 and attended by the Israeli Prime Minister Ehud Barak, Minister of Justice Yossi Beilin, Deputy Defense Minister, Ibreim Sini, Legal Advisor to the Israeli government, Ilyakiem Rubinstein, and General Prosecutor, Idna Arbeil. Nevertheless, Rubinstein promised to secure legal protection for any interrogator who used “special methods” in particular cases. In a press release issued on 20 February 2000 PCHR condemned the commitment of the Israeli Legal Advisor and considered it an indication by Israel to continue to use torture against Palestinian detainees despite the Court decision.

Since the Court decision, several new developments have occurred regarding the conditions of Palestinian detainees, amongst which are:

1. An increase in the number of cases in which lawyers have been prevented from visiting their clients (detainees) for long periods.
2. The extensive use of prison authority collaborators while interrogating detainees.
3. Escalations in the use of beating, isolation and sudden attacks against the detainees.

Accordingly, and within the context of its efforts to support Palestinian and Arab prisoners inside Israeli jails, PCHR hosted on 18-19 April 2000, an expert meeting on the legal status of Palestinian prisoners in Israeli jails. The meeting, which was convened in Gaza in cooperation between PCHR, the Palestinian Ministry of ex-Prisoners and Detainee Affairs, and Hussam Association for Prisoners and ex-Prisoners, discussed the status of Palestinian and Arab prisoners incarcerated in Israeli jails. The illegality of the transfer of prisoners from the Occupied Territories to Israeli jails was highlighted. In addition, the meeting discussed the issue of torture. In their recommendations, the experts asserted the following:

1. Israel has ratified the UN Convention Against Torture and All Other Cruel, Inhuman or Degrading Treatment or Punishment (“the Convention”) which is legally binding. The convention prohibits the use of torture in all circumstances whatsoever. Compliance with the Convention means the practice of torture in all its forms must end.
2. The meeting urged Israel to abide by the recommendation of the Committee Against Torture (CAT).
3. Israel is called upon to ratify Articles 20 and 22 of the Convention.
4. No steps should be taken to continue the practice of torture under any circumstances. In this regard, the proposed amendment to the Benel Law should not be passed.
5. Israel must fulfill its obligations under the Convention by promptly and impartially investigating alleged acts of torture, prosecuting perpetrators and punishing all those found to be responsible for such acts (Articles 4, 12 & 13).
6. Israel must further ensure that all victims of torture obtain redress and adequate compensation in order to provide as full rehabilitation as possible (Article 14).

In addition, the experts called on international, Israeli and Palestinian NGOs, lawyers and medical staff to convene a conference to discuss torture. The meeting should particularly examine the issues of compensation and redress for victims and punishment of all those found to be responsible for practicing torture.

On the International Day in Support of Victims of Torture, PCHR reminds the international community of the following:

1. The battle against torture, which is practiced by Israel against Palestinian detainees, is not over. Much work is demanded of international, Israeli and Palestinian human rights organizations to ensure that torture methods will not be practiced anymore and to ensure the full commitment of Israel to international standards that prohibit torture under any circumstances.
2. Israel must review the files of thousands of Palestinian detainees who were brought before a military court based on confessions extracted after torture. Israel is asked to retry the detainees who are still in their prisons and detention centers.
3. All those who are found to be responsible for practicing torture must be brought before a court.
4. Israel must compensate thousands of Palestinian detainees who were tortured during the last decades. PCHR believes that such compensation should be a fundamental goal for all human rights organization.

 “End”