Basic safeguards for detainees
(15) The Committee is concerned that while the Criminal Procedure Law and the Prisons Ordinance stipulate
conditions under which detainees are entitled to meet promptly with a lawyer, these can be delayed, subject to
written requests, if it puts the investigation at risk, prevents disclosure of evidence, or obstructs the arrest of
additional suspects, and security-related offenses or terrorism charges permit further delays. Notwithstanding the
safeguards provided by law and reaffirmed by the Supreme Court of Israel in its 2006 decision on the case
Yisacharov v The Head Military Prosecutor et. al., C.A. 5121/98, for ordinary cases, there are repeated claims of
insufficient legal safeguards for security detainees. The Committee also notes with concern that the 2006 Criminal
Procedure Law allows detention for up to 96 hours of persons suspected of security offenses before being brought
before a judge - although the State party claims a majority of cases are brought within 14 hours - and up to 21 days
without access to a lawyer - despite the State Party’s claim that more than 10 days is “seldom used”.
The Committee calls upon Israel to examine its legislation and policies in order to ensure that all
detainees, without exception, are promptly brought before a judge and have prompt access to a lawyer.
The Committee also emphasizes that detainees should have prompt access to a lawyer, an independent
doctor and family member, these are important means for the protection of suspects, offering added
safeguards against torture and ill-treatment for detainees, and should be guaranteed to persons
accused of security offenses.
(16) While appreciating the adoption of the Criminal Procedure (Interrogating Suspects) Law of 2002, which
requires that all stages of a suspect’s interrogation be recorded by video camera, the Committee notes with concern
that the 2008 amendment to this law exempts interrogations of detainees accused of security offenses from this
requirement. The State party has justified this on budgetary limitations and stated that the exemption of
security-related suspects will only apply until December 2010.
Video recording of interrogations is an important advance in protection of both the detainee and, for
that matter, law enforcement personnel. Therefore, the State party should, as a matter of priority,
extend the legal requirement of video recording of interviews of detainees accused of security offenses
as a further means to prevent torture and ill-treatment.
Administrative detention and solitary confinement
(17) The Committee has expressed concern that administrative detention does not conform to article 16 of the
Convention because, among other reasons, it is used for “inordinately lengthy periods.” Administrative detention
thus deprives detainees of basic safeguards, including the right to challenge the evidence that is the basis for the
detention. Warrants are not required and the detainee may be de facto in incommunicado detention for an extended
period, subject to renewal. While the State party explains that this practice is used only exceptionally when
confidentiality make it impossible to present evidence in ordinary criminal proceedings, the Committee regrets that
the number of persons held in administrative detention has risen significantly since the last periodic report of the
State party. According to the State party, 530 Palestinians are being held in administrative detention under Israeli
security legislation and, according to non-governmental sources, as many as 700. The Committee also notes with
concern that the Unlawful Combatants Law No. 5762-2002, as amended in August 2008, allows for the detention of
non-Israeli citizens falling into the category of “unlawful combatants”, who are described as “combatants who are
believed to have taken part in hostile activity against Israel, directly or indirectly” for a period of up to 14 days
without any judicial review. Detention orders under this law can be renewed indefinitely; evidence is neither made
available to the detainee nor to his lawyer and, although the detainees have the right to petition to the Supreme
Court, the charges against them are also reportedly kept secret. According to the State party, 12 persons are detained
under this law at present.
The State party should review as a matter of priority its legislation and policies to ensure that all
detentions, and particularly administrative detentions in the West Bank and Gaza Strip, are brought
into conformity with article 16 of the Convention.
(18) The Committee is concerned at reports received by the Special Rapporteur on the promotion and protection
of human rights and fundamental freedoms while countering terrorism of solitary confinement used by prison
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