CAT/C/ISR/CO/4 page 6 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 asylumseekers and refugees on its territory, and whereas the principle of non-refoulement under article 3 of the Convention has been recognized by the High Court as a binding principle, the Committee regrets that this principle has not been formally incorporated into domestic law, policy, practices or procedure. The responses submitted by the State party all refer only to its obligations under the 1951 Convention Relating to Refugees and its 1967 Protocol, but do not even allude to its distinct obligations under the Convention.

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