CAT/C/ISR/CO/4
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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 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.