E/CN.4/1997/7
page 28
Israel
115. By letter dated 11 November 1996, the Government replied to information
the Special Rapporteur had transmitted on 14 July 1995 concerning the practice
of torture in the country (see E/CN.4/1996/35/Add.1, paras. 384-386). The
Government stated that Israel's law forbade all forms of torture or
maltreatment and conformed to the basic provisions of the Convention against
Torture, to which it is a party. Every allegation of maltreatment was
thoroughly investigated by the Department for Investigation of the Police at
the Ministry of Justice, which is under the direct supervision of the State
Attorney. Disciplinary or criminal measures were instigated against those
responsible. In addition, any person could petition directly the Supreme
Court of Israel sitting as a High Court of Justice, and the petition would be
heard within 48 hours of submission.
116. Regarding access to judges, while it was true that persons suspected of
State security offences could be held for up to 15 days without notification
of arrest, this seldom-used procedure could be brought into effect only at the
discretion of the judge when the Minister of Defence affirmed that the
security of the State required temporary secrecy. While persons in the
Administered Territories could be held for up to 11 days in serious cases,
arrested persons could file a petition for cancellation of the arrest order
and release from detention and the military courts would hear their petitions
within a few days. Habeas corpus petitions could also be submitted to the
Supreme Court. Israel had no policy or system of incommunicado detention, but
sometimes a delay in seeing family and lawyers could occur as a result of
security measures that must be taken. In any event a person must be allowed
to meet with a lawyer by the fifteenth day and this requirement would be
shortened to 10 days under a new Criminal Procedure Law that would enter into
force in May 1997. In extreme cases, the President of the District Court
could deny access to lawyers for up to 21 days. Any denial of access could be
appealed to both the District Court and the Supreme Court.
117. The Government asserted that personal and political motives might be
behind the fabricated or exaggerated allegations of torture made by
individuals who had been arrested. The motive of making these allegations
would be to embarrass the Government of Israel by spreading anti-Israel
disinformation in the form of bogus human rights complaints or to justify
their own actions vis-à-vis their fellow Arabs.
118. The Special Rapporteur transmitted to the Government information
on 12 individual cases. He also made 7 urgent appeals on behalf
of 24 persons. The Government provided replies to two of the appeals, one
of which is summarized in the following paragraph. The Government also
replied to seven cases that had been transmitted in 1995.
119. The Government replied to the urgent appeal transmitted by the Special
Rapporteur on 15 November 1996 on behalf of Mohammad Abdel Aziz Hamdan, whose
appeal to the Supreme Court that “physical pressure” not be used against him
during his custodial interrogation was rejected, by transmitting a copy of the
14 November 1996 Supreme Court decision on the case. The Government also
provided a background paper prepared by the Ministry of Justice on “Israel's
Interrogation Practices and Policies”. In the paper, the Government affirms
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