E/CN.4/1997/7
page 29
that Israeli law strictly prohibits all forms of torture or maltreatment. To
prevent terrorism effectively while ensuring that basic human rights are
protected, the authorities had adopted strict rules for handling
interrogations to obtain crucial information on terrorist activities or
organizations, while ensuring that suspects were not maltreated. The Landau
Commission, in examining the issue in 1987, had determined that in dealing
with terrorists representing a great threat to the State of Israel and its
citizens, the use of a moderate degree of pressure, including physical
pressure, to obtain information, such as that which would prevent imminent
murder or would provide vital information on a terrorist organization, was
unavoidable. The use of moderate pressure was permissible under international
law, as evidenced by the European Court of Human Rights ruling that
ill-treatment would have to “reach a certain severe level in order to be
included in the ban” of torture and cruel, inhuman or degrading punishment
contained in the European Convention on Human Rights.
120. The Landau Commission had constrained the boundaries of permissible
physical pressure to forbid disproportionate pressure or that which reached
the level of physical torture or maltreatment or grievous harm to the
detainee's honour which would deprive him of his human dignity, as follows.
The use of less serious measures must be weighed against the degree of
anticipated danger; physical and psychological means of pressure permitted for
use by an interrogator must be defined and limited in advance through binding
directives, the implementation of which must be strictly supervised; and those
supervising the interrogators must see to it that disciplinary and, in serious
cases, criminal proceedings are brought against interrogators deviating from
what is permissible. The exact forms of pressure permissible to the
interrogators had been kept secret so as not to limit their effectiveness.
Safeguards had been put in place, including the mandatory investigation of
claims of mistreatment and external supervision of the interrogation process
by the State comptrollers and a special sub-committee of the Israeli
Parliament (Knesset). The ICRC was able to meet with detainees in private
within 14 days of arrest. A special ministerial committee also undertook
periodic reviews of the guidelines. Pursuant to such a review, new guidelines
issued in 1993 established that the need and justification for physical
pressure must be established in every individual case.
Observations
121. The following forms of pressure during interrogation appear so
consistently (and have not been denied in judicial proceedings) that the
Special Rapporteur assumes them to be sanctioned under the approved but secret
interrogation practices: sitting in a very low chair or standing arced
against a wall (possibly in alternation with each other); hands and/or legs
tightly manacled; subjection to loud noise; sleep deprivation; hooding; being
kept in cold air; violent shaking (an “exceptional” measure, used against
8,000 persons according to the late Prime Minister Rabin in 1995). Each of
these measures on its own may not provoke severe pain or suffering.
Together - and they are frequently used in combination - they may be expected
to induce precisely such pain or suffering, especially if applied on a
protracted basis of, say, several hours. In fact, they are sometimes
apparently applied for days or even weeks on end. Under those circumstances,
they can only be described as torture, which is not surprising given their
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