(30) The Committee has received reports that the “blockade” imposed on the Gaza Strip, especially aggravated
since July 2007, has obstructed the distribution of humanitarian aid before, during and after the recent conflict, and
has limited other human rights of the inhabitants, particularly the right to freedom of movement, of both juveniles
and adults.
The State party should reinforce its efforts to ensure that humanitarian aid is accessible to ease the
suffering of Gaza inhabitants as a result of the restrictions imposed.
(31) Notwithstanding the State party’s legitimate security concerns, the Committee is seriously concerned at the
many allegations provided to the Committee from non-governmental sources on degrading treatment at checkpoints,
undue delays and denial of entry, including for persons with urgent health needs.
The State party should ensure that such security controls are conducted in accordance with the
Convention. In this regard, the State party should provide sufficient and adequate training for
personnel to avoid unnecessary stress on persons travelling through checkpoints. The State party
should consider, as a safety measure, establishing an urgent complaints mechanism for any persons
claiming they have been subjected to undue or improper threats or behaviors. Further, consideration
should be given as a matter of urgency to the availability of emergency medical personnel to assist
persons in need.
Settler violence
(32) The Committee notes with interest the State party’s acknowledgement that “Israel has full jurisdiction” over
cases of settler violence in the West Bank against Palestinians. It appreciates the statistics provided regarding the
criminal enforcement of such matters as disorderly conduct, land disputes, and the overall increase in law
enforcement involving Israelis, including investigations and indictments as well as administrative measures limiting
movement of Israeli settlers who may endanger the lives and security of Palestinians. While appreciating that a
special inter-ministerial committee has been created to address these cases, and to coordinate among the IDF, the
Police, the State Attorney’s Office, and the ISA, the Committee expresses concern about such violence, especially
its rising number.
Any allegation of ill-treatment by Israeli settlers, like others under the State party’s jurisdiction,
should be promptly and impartially investigated, those responsible be prosecuted and, if found guilty,
appropriately punished.
House demolitions
(33) While recognizing the authority of the State party to demolish structures that may be considered legitimate
military targets according to international humanitarian law, the Committee regrets the resumption by the State party
of its policy of purely “punitive” house demolitions in East Jerusalem and the Gaza Strip despite its decision of 2005
to cease this practice.
The State party should desist from its policies of house demolitions where they violate article 16 of the
Convention.
Allegations of torture and ill-treatment by Palestinian forces
(34) According to reports before the Committee, both Hamas security forces in Gaza and Fatah authorities in the
West Bank have carried out arbitrary arrests, abductions and unlawful detentions of political opponents, denied them
access to a lawyer and subjected detainees to acts of torture and ill-treatment. Reportedly, those detained have been
denied, inter alia, basic due process rights and the right to prompt and effective investigations. Additionally, an
increase in such incidents¸ including deliberate maiming, as well as extrajudicial killings, was reported to have been
conducted by Hamas forces in Gaza, allegedly against Fatah security services officials or persons suspected of
collaboration with Israeli forces, during and after Operation Cast Lead.
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