- 29 (b)
Despite the Israeli argument that all acts of torture, as defined in article 1 of the
Convention, are criminal offences under Israeli law, the Committee remains unconvinced and
reiterates its concern that torture as defined by the Convention has not yet been incorporated into
domestic legislation;
(c)
Allegations continue to be received concerning the use of interrogation methods
by the ISA against Palestinian detainees that were prohibited by the September 1999 ruling of
the Supreme Court;
(d)
Torture and ill-treatment of Palestinian minors is alleged, in particular of those
detained in the Gush Etzion police station. The difference in the definition of a child in Israel
and in the Occupied Territories is also a matter of concern. While under Israeli law majority is
attained at the age of 18, military order No. 132 defines a minor as someone under the age of 16.
(In Israel, including the Occupied Territories, no minors under the age of 12 years can be held
criminally responsible);
(e)
While noting a substantial decrease since the examination of its previous report in
the number of persons held in administrative detention, the Committee continues to be concerned
that administrative detention does not conform with article 16 of the Convention;
(f)
The continued use of incommunicado detention, even in the case of children, is a
matter of grave concern to the Committee;
(g)
Despite the numerous allegations of torture and ill-treatment by law enforcement
officials received by the Committee, very few prosecutions have been initiated against alleged
perpetrators;
(h)
While noting that according to the delegation any allegation of physical violence
against a detainee is always treated and investigated as a criminal offence, the Committee is
concerned that the Department for the Investigation of Police Misconduct (DIPM) may decide
that a police officer or ISA investigator should only be subject to disciplinary action, in lieu of
criminal proceedings. This may amount to a violation of article 7, paragraph 1, of the
Convention;
(i)
Israeli policies on closure may, in certain instances, amount to cruel, inhuman or
degrading treatment or punishment (article 16 of the Convention);
(j)
Israeli policies on house demolitions may, in certain instances, amount to cruel,
inhuman or degrading treatment or punishment (article 16 of the Convention);
(k)
The judicial practice of admitting objective evidence derived from an
inadmissible confession is of concern to the Committee;
(l)
its attention.
The Committee is also concerned at instances of “extrajudicial killings” drawn to
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