E/CN.4/1995/34
page 79
Israel
Information transmitted to the Government
413. By letter dated 29 June 1994 the Special Rapporteur advised the
Government that he had continued to receive information indicating that
persons detained for political reasons in the occupied territories were
routinely subjected to various forms of torture and inhuman and degrading
treatment. Such mistreatment was allegedly inflicted by officials in the
Israeli Defence Force, the General Security Service (GSS or Shin Bet) or the
police during the course of interrogation. It was reported that certain forms
of mistreatment might be sanctioned by GSS interrogation guidelines. The
methods of abuse were reported to include: hooding of the victim for
prolonged periods with dirty and wet sacks, resulting in disorientation and
impeded respiration; tying the victim’s body into painful positions for
prolonged periods, such as with hands bound to feet and the body bent
backwards (the "banana"); forcing the victim to remain standing for prolonged
periods; sleep deprivation; severe beatings, including blows to the head and
smashing the head against a wall; withholding of necessary medical attention;
and confinement in small cold cells.
414. Incommunicado detention was also reported to be routine for those
arrested in the occupied territories. The military law applied to the
West Bank was said to authorize the warrantless arrest and detention for four
days of any person suspected of committing a security offence, after which two
seven-day extensions could be granted by police officers before the detainees
need be brought before a judge. A 1992 amendment to the law reportedly made
eight days the maximum allowable period for detention without judicial review
for detainees under 16 years and for all detainees who are suspected of "any
but the most serious offences". Persons aged 16 and above who were detained
for political reasons and accused of serious offences were said generally to
be held for 18 days without access to a judge and for even longer periods
without access to relatives. Detainees could be denied access to lawyers for
up to 90 days on security grounds, 30 days of which could be ordered by
interrogating officials and two additional 30-day periods by a military
court judge.
415. Confessions and other information obtained from a detainee during
prolonged incommunicado detention was said often to constitute the main
evidence against him or her in the military courts. Under applicable law,
detainees may retract such a confession in court and ask for an investigation
into torture allegations, although in practice prosecutors and judges were
said frequently to pressure defendants to accept a plea-bargain rather than to
press for an investigation.
416. The individual cases described in the following paragraphs were
transmitted to the Government.
417. Bassem Mohammed Abdul-Rahman Altamini, from Al Nabi, Ramallah district
on the West Bank, was arrested on 9 November 1993 by a team of officials from
the army, the Shabak (General Security Service - GSF) and an undercover unit.
He was allegedly beaten, hooded, hit on the head with an object and his head
was struck against a wall. On 18 November he was transferred from Hadassah
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