A/HRC/25/60/Add.2
Treatment or Punishment, both ratified by the Government of Israel on 3 October 1991.
The treatment alleged in the communication also constitutes a violation of the Convention
on the Rights of the Child, which Israel is a party. Due to the lack of information provided
by the Government, the Special Rapporteur finds the allegations received credible and
concludes that Mr. X has been tortured and suffered ill-treatment during transport and while
undergoing interrogation in Israeli custody, including threats of further abuse,
incommunicado detention during the first three days of detention, solitary confinement
during the period of his interrogation, demeaning conditions of custody and denial of access
to family visits as well as a lawyer.
(e)
JUA 02/08/2013 Case No. IRS 7/2013 State reply: None to date Alleged campaign of
judicial harassment, defamation, and torture or other cruel, inhumane or degrading
treatment or punishment against a human rights defender.
84.
The Special Rapporteur regrets that the government of State of Israel has not
responded to this communication dated 2 August 2013, thereby failing to cooperate with
the mandate issued by the Human Rights Council. The communication referred to the
alleged arrest, harassment, defamation and use of force employed against Mr. Issa Amro, a
peaceful demonstrator and prominent Palestinian human rights defender on 20 March 2013.
According to the information received, Mr. Amro was peacefully protesting when Israeli
Security Forces (ISF) arrested him and other activists. It is reported that the other activist
were released without bail and Mr. Amro was arrested on suspicion of inciting others to
demonstrate and assaulting Israeli soldiers and an Israeli settler; mr. Amro was released on
bail the following day. The alleged facts detail multiple occasions when Mr. Amro was
threatened with death and branded a terrorist, and summoned to court proceedings or for
police interrogation. According to the information received, on 23 April 2013 Mr. Amro’s
face was spat on by an Israeli settler in the presence of an Israeli soldier that testified that
Mr. Amro provoked the settler. It is further alleged that Mr. Amro’s identity documents
and those of a French television crew he was guiding around the Old City of Hebron were
confiscated by Israeli soldiers; everyone’s documents were returned except Mr. Amro’s.
Based on the information received, Mr. Amro complained about the non-return of his
identity documents, was arrested for obstructing police work and transferred to the police
station where he was beaten, including blows to the spine, until he collapsed. The
information received notes that despite needing urgent medical attention, Mr. Amro was
handcuffed to a stretcher and left for five and half hours before being taken to the hospital.
During this time it is alleged that the ISF took pictures of and laughed at Mr. Amro while
threatening that next time he would be shot. Additional allegations indicate that Mr. Amro
and others were shot at with two live bullets which intentionally missed high and Mr. Amro
was interrogated despite a request for postponement due to his weak condition following
the police station beating.
85.
In this context, the Special Rapporteur reiterates that each Government has the
obligation to protect the right to physical and mental integrity of all persons as set forth
inter alia in the UDHR, ICCPR, and CAT. The Special Rapporteur would like to call the
Government of Israel’s attention to paragraph 1 of Human Rights Council Resolution 16/23
(Resolution 16/23) condemns all forms of torture and “calls upon all Sates to implement
fully the absolute and non-derogable prohibition of torture and other cruel, inhuman or
degrading treatment or punishment.” Furthermore, the Special Rapporteur reminds the
Government that Resolution 16/23 paragraph 8 states that “Intimidation and coercion, as
described in article 1 of the Convention against Torture, including serious and credible
threats, as well as death threats, to the physical integrity of the victim or of a third person,
can amount to cruel, inhuman or degrading treatment or to torture.” Regarding the fact that
several of the allegations relate to Israeli settlers, the Special Rapporteur refers the
Government to paragraph 18 of General Comment No. 2 of the Committee against Torture
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