CAT/C/ISR/CO/4
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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.