Ref: 52/2013
Date: 15 May 2013
Time: 13:20 GMT

The Palestinian Centre for Human Rights (PCHR) welcomes the order issued by President Mahmoud Abbas to all competent authorities confirming the prohibition of all forms of torture and calling for compliance with the Palestinian Basic Law and relevant laws. PCHR hopes that this decision represents a serious step towards putting an end to the use of torture, investigating all complaints relevant to torture, and prosecuting the perpetrators.

On Tuesday, 14 May 2013, President Abbas issued an order confirming the commitment of the competent authorities to the prohibition of all forms of torture. The order stated: “As part of our commitment to the Palestinian Basic Law amended in 2003, in view of the report of the Independent Commission for Human Rights no. 18/2013, upon the powers granted to us and to achieve the public interest, we issued the following order: first, addressing all competent authorities, which practice arrest, detention and interrogation against persons, it is necessary for such authorities to abide by the Palestinian Basic Law and relevant laws that prohibit all forms of torture and degrading treatment; to respect all international conventions and declarations relative to respecting human rights in order to reflect the modern side of the Palestinian people. Second, it is important for the competent authorities to take all necessary measures to enforce and improve the monitoring tools to guarantee the application of this order and the commitment to the relevant laws.”

The use of torture has been commonplace in Palestinian detention facilities for many years. Human rights organisations have received hundreds of complaints in which complainants stated that they had been subjected to different forms of physical and psychological torture, including shackling, beating on the soles of the feet, solitary confinement, sleep deprivation, death threats, and other form of physical and psychological torture.

Torture is prohibited under Article 13 of the Palestinian Basic Law, which stipulates that: “No one shall be subjected to coercion or torture. All accused and arrested persons should be treated properly. Every statement or confession made in violation of the provisions mentioned in Paragraph 1 of this Article is invalid.” Furthermore, torture is prohibited under international human rights and humanitarian law, including the Rome Statute of the ICC.

PCHR welcomes the Presidential Order but points out that the biggest challenge lies in the application of this order on the ground. PCHR calls for:

1. An end to the use of all forms of torture in Palestinian detention facilities;
2. The thorough investigation of all complaints related to torture allegedly carried out by security officers and the publication of the findings in public; and
3. The prosecution of alleged perpetrators, and the implementation of appropriate punishment in the event that they are found guilty of torture.
4. Furthermore, PCHR:
5. Reminds that the crime of torture does not fall under the statute of limitations and that the perpetrators can never escape justice; and
6. Calls upon the Palestinian Authority to sign and ratify all international human rights humanitarian law instruments, including the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984.