A/HRC/34/54/Add.3
detention, has violated their to be free from torture or cruel, inhuman or degrading
treatment, as provided by articles 1 and 16 of the Convention against Torture (CAT).
289. The Special Rapporteur strongly urges the Government of Israel to put an
immediate end to torture and mistreatment, and to conduct a prompt, impartial, and
effective investigation of the alleged acts of torture, to prosecute and punish those
responsible, and to provide adequate redress to the victims, as codified inter alia in the
CAT and in customary international law. The Special Rapporteur further calls upon the
Government to take appropriate measures to ensure the physical and psychological
integrity of all the persons, and particularly children, who are arrested and detained.
JUA 19/08/2016 Case No. ISR 11/2016 State Reply: 31/08/2016 Allegations
concerning the arbitrary detention, solitary confinement, excessive use of
restraints, and risk of force-feeding of Mr. Bilal Kayed, a Palestinian prisoner who
has been on hunger strike in protest of his detention.
290. The Special Rapporteur thanks the State of Israel for its reply, dated 31 August
2016, to the present communication, available via the link above.
291. The Special Rapporteur welcomes the information provided by the State regarding
Mr. Kayed’s access to medical treatment during his hunger strike. He takes note of the
information provided by the State about allegations concerning forced feeding,
excessive use of restraints, and denial of visitation rights to the family of Mr. Kayed. In
spite of the information supplied by the Government, its reply fails to provide
information about the allegations of solitary confinement of Mr. Kayed from September
2015 until his scheduled release on 13 June 2016 and measures taken to ensure his
physical and psychological integrity. In addition, it does not sufficiently address the
allegations of the risk of forced feeding and excessive use of restraints against him.
292. In the absence of information to the contrary, the Special Rapporteur concludes that
there is substance in the allegations presented in the initial communication and thus that
the State of Israel, by failing to protect the physical and psychological integrity of Mr.
Kayed, including by subjecting him to solitary confinement, the risk of forced feeding,
and excessive use of restraints, has violated his right to be free from torture, cruel,
inhuman or degrading treatment or punishment as provided by Article 7 of the
International Covenant on Civil and Political Rights (ICCPR) and Articles 1, 2, and 16
of the Convention Against Torture (CAT), and has failed to comply with its obligation,
under international customary law, to investigate, prosecute and punish all acts of
torture and other cruel, inhuman or degrading treatment or punishment, as codified,
inter alia, in the CAT.
293. In his interim report to the General Assembly of 5 August 2011 (A/66/268), the
Special Rapporteur defined solitary confinement, in accordance with the Istanbul
Statement on the Use and Effects of Solitary Confinement, as the physical and social
isolation of individuals who are confined in their cells for 22 to 24 hours a day. He
observed that while solitary confinement for short periods of time may be justified
under certain circumstances, with adequate and effective safeguards in place, the use of
prolonged (in excess of 15 days) or indefinite solitary confinement may never constitute
a legitimate instrument of the State, as it may cause severe mental and physical pain or
suffering, a point which has been reiterated in paragraph 28 of the General Assembly
resolution 68/156, stating that prolonged or indefinite solitary confinement runs afoul of
the absolute prohibition of torture and other cruel, inhuman or degrading treatment or
punishment.
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