authorities as a means of encouraging confessions from minors or as a punishment for infractions of prison rules. It
is alleged that security detainees are kept in interrogation facilities, ranging from three to six square meters, with no
windows or access to daylight or fresh air.
The Committee once again 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 State party should amend current legislation in order to ensure that solitary confinement
remains an exceptional measure of limited duration, in accordance with international minimum
standards.
Allegations of torture and ill-treatment by Israeli interrogators
(19) The Committee is concerned that there are numerous, ongoing and consistent allegations of the use of
methods by Israeli security officials that were prohibited by the September 1999 ruling of the Israeli Supreme Court,
and that are alleged to take place before, during and after interrogations. According to the State party, there were
67 investigations opened by the Inspector for Complaints against ISA interrogators in 2006, and 47 in 2007, but
none resulted in criminal charges.
The State party should ensure that interrogation methods contrary to the Convention are not utilized
under any circumstances. The State party should also ensure that all allegations of torture and
ill-treatment are promptly and effectively investigated and perpetrators prosecuted and, if applicable,
appropriate penalties are imposed. The Committee reiterates that, according to the Convention, “no
exceptional circumstances”, including security or war or threat to security of the State, justify torture.
The State party should intensify human rights education and training activities to security officials,
including training on the prohibition of torture and ill-treatment.
Complaints and need for independent investigations
(20) The Committee notes that, out of 1,185 complaints investigated by the Israeli police for improper use of force
during 2007, 82 criminal procedures have been initiated. The State party has noted the difficulty in investigating this
type of complaints arguing that police officers are authorized to use reasonable force in the necessary cases.
The Committee requests information on the number of criminal procedures that have resulted in
convictions of the accused and the penalties imposed.
(21) While noting the State party’s clarification that “every claim regarding the use of allegedly impermissible
means of interrogation is examined by the Inspector for Complaints,” the Committee is concerned that none of the
over 600 complaints of ill-treatment by ISA interrogators received by the Inspector of Complaints between 2001 and
2008 has resulted in a criminal investigation. Although under supervision of the Attorney General, the Inspector of
Complaints is an ISA employee. The Committee notes that, according to information received by the Special
Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism,
out of 550 examinations of torture allegations initiated by the General Security Services (GSS) inspector between
2002 and 2007, only 4 resulted in disciplinary measures and none in prosecution. While the State party’s
representatives explained that there is a lack of evidence for pursuing and substantiating these complaints, and that
the persons submitting them are engaged in a “campaign” alleging false information, the Committee has been
informed by non governmental organizations that there is a decline in the number of complaints submitted, allegedly
due to a sense of futility based on the absence of indictments and a sense of de facto impunity.
The State party should duly investigate all allegations of torture and ill-treatment by creating a fully
independent and impartial mechanism outside ISA.
Non-refoulement and risk of torture
(22) While the Committee is aware of the fact that Israel hosts increasing numbers of asylum-seekers and refugees
on its territory, and whereas the principle of non-refoulement under article 3 of the Convention has been recognized
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