A/HRC/25/60/Add.2
that no exceptional circumstances whatsoever, whether a state of war or a threat of war,
internal political instability or any other public emergency, may be invoked as a
justification of torture. In this regard, paragraph 2 of Resolution 16/23 of the Human Rights
Council condemns any action that authorizes or acquiesces to torture and other cruel,
inhuman or degrading treatment or punishment under any circumstances, and urges States
to ensure accountability for all such acts. With regards to the obligation to investigate all
allegations of torture and ill-treatment, the Special Rapporteur draws attention to article 12
of the Convention Against Torture, which requires the competent authorities to undertake a
prompt and impartial investigation wherever there are reasonable grounds to believe that
torture has been committed, and article 7 of the Convention, which requires State parties to
prosecute suspected perpetrators of torture. In addition, Human Rights Council Resolution
16/23 urges States to take persistent, determined and effective measures to investigate
promptly, effectively and impartially by an independent, any torture allegations.
Furthermore Resolution 16/23 urges States to hold responsible not only those who
perpetrate torture, but also those “who encourage, order, tolerate or perpetrate such acts
[...], to have them brought to justice and punished in a manner commensurate with the
gravity of the offence, including the officials in charge of the place of detention where the
prohibited act is found to have been committed.” The Special Rapporteur also reminds the
government of Israel that the Standard Minimum Rules for the Treatment of Prisoners, Rule
22(2) provides that “(s)ick prisoners who require specialist treatment shall be transferred to
specialized institutions or to civil hospitals.” With respect to the subsequent death in
custody of Mr. Jaradat, article 6 of the ICCPR provides that every individual has the right
to life and security of the person, that this right shall be protected by law, and that no
person shall be arbitrarily deprived of his or her life. The Special Rapporteur calls on the
Government to undertake a prompt and independent investigation of the torture and death
of Mr. Arafat Jaradat, leading to prosecution and punishment of the perpetrators and to
provide full redress to the victim’s family.
(d)
JUA 05/06/2013 Case No. ISR 5/2013 State Reply: None to date Alleged severe torture
and ill-treatment upon arrest and during interrogation.
83.
The Special Rapporteur regrets that the Government of Israel has not responded to
this communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council. The communication referred to the alleged severe torture and ill-treatment
of Mr. X upon arrest, during transport to ISF quarters and during interrogation by members
of the Israeli Security Forces (ISF). The allegations included: beatings, threats,
incommunicado detention, solitary confinement, humiliating conditions of detention, denial
of access to a lawyer upon arrest, and denial of family visits since 17 March 2013. It was
reported that Mr. X is a 16-year-old minor resident of Hares, Salfit, Palestine; that he was
arrested by ISF on 17 March 2013 and that his family was neither informed about the
location he was taken to nor for how long he would remain in custody. Reportedly, in May
2013, Mr. Xi and four other minors were charged with attempted murder for throwing
stones and causing an accident on Route 5, a settler road near Hares. According to
information received, eyewitness accounts indicate that the accident occurred for other
unrelated reasons and in the absence of any involvement of Mr. X. Mr. X was reportedly
denied access to a lawyer until 21 March 2013, up until which point neither the lawyer nor
the family had received any information regarding his fate or whereabouts. It was reported
that Mr. X remains in detention at the Megiddo Prison in Israel. The Special Rapporteur
regrets that the Government has not responded to this communication and concerns
expressed regarding the allegations of torture and ill-treatmen of Mr. X. In this context, the
Special Rapporteur reminds the Government that it has the obligation to protect the right to
physical and mental integrity of all persons. This right is set forth inter alia in the Universal
Declaration of Human Rights; the International Covenant on Civil and Political Rights
(ICCPR), and the Convention against Torture and Other Cruel, Inhuman or Degrading
60
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