CAT/C/ISR/CO/5
permits that these meetings be delayed under certain conditions, which in the case of
detainees accused of security-related offences could extend for a maximum of 21 days
under the Criminal Procedure (Enforcement Powers — Arrests) Law 1996-5756 and for a
maximum of 60 days under the law applicable in the West Bank. While noting that as a
general rule persons arrested without a warrant must be brought before a judge as soon as
possible and no later than 24 hours following the arrest, the Committee is also concerned
that legislation still allows that this period be delayed for up to 96 hours in relation to
persons accused of security-related offences (art. 2).
17.
The Committee recalls its previous recommendations (A/57/44, para. 53 (c) and
CAT/C/ISR/CO/4, para. 15) and recommends that the State party adopt the measures
necessary to ensure, in law and in practice, that all persons deprived of liberty,
irrespective of the charges brought against them, the law applicable to them or
wherever they may be located, are afforded all legal safeguards from the very outset
of the deprivation of liberty, including the rights to be assisted by a lawyer and to be
brought before a judge without delay.
Audio-visual documentation of interrogations of security suspects
18.
Recalling its previous recommendation (CAT/C/ISR/CO/4, para. 16), the Committee
is concerned that the requirement under the Criminal Procedure (Interrogation of Suspects)
Law 5762-2002 that the police carry out audio or visual recording of criminal suspects’
interrogations does not yet extend to the interrogation of persons accused of security-related
offences owing to several extensions of temporary section 17 of the law, which provides for
such exception. While regretting that the said law does not apply to interrogations by the
Israel Security Agency, the Committee notes with interest that the Ministry of Justice is
conducting staff work regarding the implementation of the recommendation made by the
Turkel Commission and the Implementation Team (Ciechanover Commission) relating to
the installation of cameras in all Israel Security Agency interrogation rooms, which will
broadcast to a control room, regularly and in real-time, via closed-circuit. However, it
regrets the lack of clarity about whether such interrogations will also be recorded so as to
be available to be used as evidence in courts (arts. 2 and 11).
19.
The State party should adopt the legislative and other measures necessary to
ensure the compulsory audio-visual recording of all criminal suspects’ interrogations,
including those of persons accused of security-related offences. Audio-visual footage
should be monitored by an independent body and kept for a period sufficient for it to
be used as evidence in courts.
Independent medical examinations of persons deprived of liberty
20.
The Committee is concerned at allegations of instances in which physicians of the
Israeli Prison Service have failed to report injuries indicative of abuse and regrets not
receiving information about the number of cases of suspected torture or ill-treatment
identified and reported by Israeli Prison Service medical staff to the police during the
reporting period. While taking note of the statement by the delegation that physicians
serving in Prison Service facilities perform their duties as required by the law and the
universal rules of medical ethics, the Committee notes that these professionals are directly
employed by the prison services, which may compromise their independence (art. 2).
21.
The State party should urgently take the measures necessary to guarantee in
practice that physicians and other medical staff dealing with persons deprived of
liberty duly document all signs and allegations of torture or ill-treatment and report
them without delay to the appropriate authorities. It should also consider transferring
responsibility for all types of health care of persons deprived of liberty to the Ministry
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