CAT/C/ISR/CO/5
of Health in order to ensure that medical staff can operate fully independently from
the custodial authorities.
Administrative detention and Incarceration of Unlawful Combatants Law
22.
The Committee reiterates its previous concerns regarding administrative detention
and detention under the Unlawful Combatants Law 5762-2002 in the State party
(CAT/C/ISR/CO/4, para. 17). In particular, it is concerned that, pursuant to relevant
legislation, detainees may be deprived of basic legal safeguards as, inter alia, they can be
held in detention without charge indefinitely on the basis of secret evidence that is not made
available to the detainee or to his/her lawyer. The Committee takes note of the affirmation
by the delegation that the number of people in administrative detention increased since
September 2015 with the escalation of violence. In this connection, the Committee is
gravely concerned that at the time of the dialogue there were 700 persons, including 12
minors, in administrative detention. It is further concerned that three of those persons have
been held in administrative detention for more than two years. The Committee also notes
that at the time of the dialogue there was one person held under the Unlawful Combatants
Law (arts. 2 and 16).
23.
The State party should:
(a)
Urgently take the measures necessary to end the practice of
administrative detention and ensure that all persons who are currently held in
administrative detention are afforded all basic legal safeguards;
(b)
Take the measures necessary to repeal the Incarceration of Unlawful
Combatants Law 5762-2002.
Solitary confinement and other forms of isolation
24.
While taking note that a prisoner can be held in solitary confinement as a
punishment for infractions to the Prisons Ordinance for a maximum of 14 non-consecutive
days, the Committee is concerned that persons can also be held in separation, allegedly in
conditions of isolation that are similar to those prevailing in solitary confinement, during
significantly longer periods for interrogation purposes or for other reasons such as State or
prison security. In this respect, the Committee notes with concern the reports that persons
who suffer from mental health problems can also be held in separation if they are deemed
to pose a threat to themselves or other inmates. The Committee is further gravely concerned
that solitary confinement and separation can also be applied to minors and, in this respect, it
expresses concern at allegations that many children have been held in separation for
interrogation purposes. The Committee regrets the lack of statistical data from the State
party on the use of separation during interrogation (arts. 2, 11, 15 and 16).
25.
The State party should:
(a)
Ensure that solitary confinement and equivalent measures are used only
in exceptional cases as a measure of last resort, for as short a time as possible and
subject to independent review, in line with international standards;
(b)
Put an immediate end and prohibit the use of solitary confinement and
equivalent measures for juveniles and persons with intellectual or psychosocial
disabilities;
(c)
Compile, provide to the Committee and regularly publish comprehensive
disaggregated data on the use of solitary confinement and equivalent measures.
GE.16-08992
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