A/HRC/22/53/Add.4
Israel
(a)
JUA 23/01/2012 Case No. ISR 1/2012 State reply: None to date Alleged failure to provide
adequate medical care to a detainee
71. The Special Rapporteur regrets that the Government of Israel has not responded to this
communication, thereby failing to cooperate with the mandate issued by the Human Rights
Council. The communication referred to the alleged failure to provide access to an
ophthalmologist to a detainee with an eye inflammation, to examine his ailment. The Special
Rapporteur would like to draw the attention of the government to Rule 25(1) of the Standard
Minimum Rules for the Treatment of Prisoners, which provides that, “[t]he medical officer
shall have the care of the physical and mental health of the prisoners and should daily see all
sick prisoners, all who complain of illness, and any prisoner to whom his attention is
specially directed.” Without any evidence to the contrary, the Special Rapporteur determines
that the rights of the detainee mentioned above have been violated, and calls on the
Government to ensure accountability of those responsible and to provide full redress to the
victims, including fair and adequate compensation, and as full rehabilitation as possible.
(b)
JUA 28/03/2012 Case No. ISR 4/2012 State reply: None to date Alleged arbitrary arrest
and detention with sexual assault and torture by the Israeli military forces.
72. The Special Rapporteur regrets that the Government of Israel has not responded to this
communication dated 28 March 2012, thereby failing to cooperate with the mandate issued
by the Human Rights Council. The communication referred to the alleged sexual assault and
torture of a 30-year-old Palestinian woman held in administrative detention and subsequent
use of solitary confinement as a reprisal to her hunger strike in response to the use of
administrative detention. The victim was the subject of an earlier urgent appeal to the
Government of Israel regarding the administrative detention, however, regrettably no reply
has been received. In response to the alleged abuse and sexual assault perpetrated by a solider
in the Salem detention center and the subsequent use of solitary confinement, the Special
Rapporteur urges the Government to protect the right to physical and mental integrity of all
persons, as set forth inter alia in the Universal Declaration of Human Rights, the International
Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). He would like to refer
to paragraph 1 of Human Rights Council Resolution 16/23 which “Condemns all forms of
torture and other cruel, inhuman or degrading treatment or punishment, including through
intimidation, which are and shall remain prohibited at any time and in any place whatsoever
and can thus never be justified, and calls upon all States to implement fully the absolute and
non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or
punishment.” With regard to the use of solitary confinement as a reprisal for the hunger
strike, the Special Rapporteur stresses that solitary confinement should be used only in very
exceptional circumstances, as a last resort, for as short a time as possible, as detailed in the
Istanbul Statement on the Use and Effects of Solitary Confinement (paragraph 89, A/66/268).
Circumstances or purposes for which solitary confinement may be legitimate do not include
reprisals. The use of solitary confinement may cause serious psychological and physiological
adverse effects on individuals deprived of liberty, negating a primary aim of the penitentiary
system, rehabilitation and reintegration. Further, the Special Rapporteur draws attention to
paragraph 6 of General Comment 20 of the Human Rights Committee, stating that prolonged
solitary confinement of detained or imprisoned persons may amount to acts prohibited by
article 7 [on the prohibition of torture and other cruel, inhuman or degrading treatment or
punishment] of the International Covenant on Civil and Political Rights. (Adopted at the 44th
session of the Human Rights Committee, 1992). In this context, the Special Rapporteur
would also like to refer to article 7 of the Basic Principles for the Treatment of Prisoners,
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