CAT/C/ISR/CO/5
demonstrations, in response to attacks or alleged attacks against Israeli civilians or security
forces, and to enforce the access-restricted areas of the Gaza Strip. In this respect, the
Committee notes with concern that, when referring to the responses of the State party’s
security forces to attacks or alleged attacks by Palestinians against Israelis, the United
Nations High Commissioner for Human Rights noted that “some of these responses
strongly suggest unlawful killings, including possible extrajudicial executions”
(A/HRC/31/40, para. 10). The Committee is also concerned at reports that accountability
for instances of excessive use of force is rare (arts. 2, 12, 13, 14 and 16).
33.
The State party should make more vigorous efforts to effectively prevent and
sanction incidents of excessive force, including by ensuring that:
(a)
Law enforcement and security officials are adequately trained in and
comply with the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials, including in the access-restricted areas of the Gaza Strip;
(b)
The rules of engagement or regulations on opening fire are fully
consistent with the Convention and other relevant international standards. In this
respect, the Committee encourages the State party to implement the recommendation
made by the Secretary-General to “[carry] out an independent review and any
necessary revisions of rules of engagement or regulations on opening fire to ensure
their consistency with international law” (see A/70/421, para. 72 (b));
(c)
All instances and allegations of excessive use of force are investigated
promptly, effectively and impartially by an independent body, that alleged
perpetrators are duly prosecuted and, if found guilty, adequately sanctioned.
Prohibition of coerced evidence
34.
The Committee is concerned at allegations of instances in which coerced evidence
was used in courts, including in military courts to sentence children, despite the
jurisprudence of the Supreme Court regarding the inadmissibility of evidence obtained
illegitimately. Recalling its previous recommendation (CAT/C/ISR/CO/4, para. 25), the
Committee observes with interest the information provided by the delegation that a bill has
been drafted that, inter alia, will expressly establish the inadmissibility of a confession
procured under torture (art. 15).
35.
The state party should:
(a)
Take effective measures to ensure in practice, where there is an
allegation that a statement was made under torture, that such a statement is not
invoked as evidence in any proceeding, except when invoked against a person accused
of torture as evidence that the statement was made;
(b)
Speed up the process to adopt the bill referred to by the State party and
ensure that it explicitly prohibits the use as evidence in any proceedings of any
statement (either confession or any other type of statement) which is established to
have been made as a result of torture, except when invoked against a person accused
of torture as evidence that the statement was made.
Checkpoints
36.
Recalling its previous concluding observations (CAT/C/ISR/CO/4, para. 31), the
Committee remains concerned at allegations of instances of degrading treatment at
checkpoints and of undue delays or denials of passage, including in emergency cases (art.
16).
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