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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.
The Palestinian authorities in the West Bank should take immediate measures to
investigate, prosecute and appropriately punish persons under their jurisdiction
responsible for these abuses; additionally, Hamas authorities in the Gaza Strip
should take immediate steps to end its campaign of abductions, deliberate and
unlawful killings, torture, and unlawful detentions, and to punish those responsible.
The creation of an independent, impartial and non-partisan commission of experts
to investigate these abuses should receive attention as a matter of priority.
35.
The Committee encourages the State party to ratify the Optional Protocol to the
Convention.
36.
The Committee also encourages the State party to consider making the declarations under
articles 21 and 22 of the Convention, thereby recognizing the competence of the Committee to
receive and consider inter-state and individual communications.
37.
The Committee encourages the State party to withdraw its declaration prohibiting article
20 inquiries.
38.
The Committee invites the State party to ratify the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families, the Convention
on the Rights of Persons with Disabilities and the International Convention for the Protection of
All Persons from Enforced Disappearance.