E/CN.4/1998/38
page 25
persons detained by the General Security Services (GSS) had been subjected to
torture or other ill-treatment during interrogation. Many if not all of the
reported methods of torture and other ill-treatment were said to be authorized
under the Landau guidelines, which remain unpublicized, allowing for the use
of “moderate physical pressure” under certain circumstances. These methods
include: violent shaking; tying the victim in painful positions; forcing the
victim to sit or stand in painful positions (shabeh); hooding, often with
malodorous sacks; sleep deprivation; enforced squatting; exposure to loud
music; and threats, including death threats.
122. The Special Rapporteur also transmitted to the Government six individual
cases and made seven urgent appeals, on behalf of 31 individuals. He further
retransmitted a number of allegations previously submitted to which no reply
had been received. The Government replied to three urgent appeals and
provided responses to five cases included in last year's report.
Observations
123. The Special Rapporteur appreciates the detailed responses received from
the Government and acknowledges again the dreadful challenges posed by
politically motivated terrorist activities. It is nevertheless clear that
Israel has not found means compatible with international law to interrogate
suspected terrorists. Nor, as indicated by the Tarabieh case mentioned in the
addendum to this report (E/CN.4/1998/38/Add.1, para. 214), does he share the
Government's confidence that the methods used are restricted to uses where a
“terrible disaster” looms (id., para. ...). He notes the position of the
Committee against Torture which concludes, consistently with his own
observations last year, that the known methods of interrogation are “breaches
of article 16 [prohibition of cruel, inhuman or degrading treatment or
punishment] and also constitute torture as defined in article 1 of the
Convention [against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment]. This conclusion is particularly evident where such methods of
interrogation are used in combination which appears to be the standard case”.
(A/52/44, para. 257).
Kenya
124. By letter of 17 February 1997, the Special Rapporteur advised the
Government that he had continued to receive information concerning widespread
instances of torture in Kenya. The methods of torture reported include:
beatings, including kicking to the sides while the victim is lying on his or
her back, beating on the soles of the feet or on the legs, beating all over
the body, beating with a sharp-edged pole and “boxing” of the ears; being held
in a hole which is progressively filled with water; exposure to cold;
administration of burns; administration of electric shocks; confinement in the
dark; forcing victims to maintain tiring postures; sexual abuse, including
rape, tightening of a wire tied around the testicles, insertion of objects
into the rectum, pricking of the genitals, and threats of rape to the victim
or the victim's family; forced exercise; and prevention of access to the
toilet.
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