A/HRC/25/60/Add.2 that no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. In this regard, paragraph 2 of Resolution 16/23 of the Human Rights Council condemns any action that authorizes or acquiesces to torture and other cruel, inhuman or degrading treatment or punishment under any circumstances, and urges States to ensure accountability for all such acts. With regards to the obligation to investigate all allegations of torture and ill-treatment, the Special Rapporteur draws attention to article 12 of the Convention Against Torture, which requires the competent authorities to undertake a prompt and impartial investigation wherever there are reasonable grounds to believe that torture has been committed, and article 7 of the Convention, which requires State parties to prosecute suspected perpetrators of torture. In addition, Human Rights Council Resolution 16/23 urges States to take persistent, determined and effective measures to investigate promptly, effectively and impartially by an independent, any torture allegations. Furthermore Resolution 16/23 urges States to hold responsible not only those who perpetrate torture, but also those “who encourage, order, tolerate or perpetrate such acts [...], to have them brought to justice and punished in a manner commensurate with the gravity of the offence, including the officials in charge of the place of detention where the prohibited act is found to have been committed.” The Special Rapporteur also reminds the government of Israel that the Standard Minimum Rules for the Treatment of Prisoners, Rule 22(2) provides that “(s)ick prisoners who require specialist treatment shall be transferred to specialized institutions or to civil hospitals.” With respect to the subsequent death in custody of Mr. Jaradat, article 6 of the ICCPR provides that every individual has the right to life and security of the person, that this right shall be protected by law, and that no person shall be arbitrarily deprived of his or her life. The Special Rapporteur calls on the Government to undertake a prompt and independent investigation of the torture and death of Mr. Arafat Jaradat, leading to prosecution and punishment of the perpetrators and to provide full redress to the victim’s family. (d) JUA 05/06/2013 Case No. ISR 5/2013 State Reply: None to date Alleged severe torture and ill-treatment upon arrest and during interrogation. 83. The Special Rapporteur regrets that the Government of Israel has not responded to this communication, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication referred to the alleged severe torture and ill-treatment of Mr. X upon arrest, during transport to ISF quarters and during interrogation by members of the Israeli Security Forces (ISF). The allegations included: beatings, threats, incommunicado detention, solitary confinement, humiliating conditions of detention, denial of access to a lawyer upon arrest, and denial of family visits since 17 March 2013. It was reported that Mr. X is a 16-year-old minor resident of Hares, Salfit, Palestine; that he was arrested by ISF on 17 March 2013 and that his family was neither informed about the location he was taken to nor for how long he would remain in custody. Reportedly, in May 2013, Mr. Xi and four other minors were charged with attempted murder for throwing stones and causing an accident on Route 5, a settler road near Hares. According to information received, eyewitness accounts indicate that the accident occurred for other unrelated reasons and in the absence of any involvement of Mr. X. Mr. X was reportedly denied access to a lawyer until 21 March 2013, up until which point neither the lawyer nor the family had received any information regarding his fate or whereabouts. It was reported that Mr. X remains in detention at the Megiddo Prison in Israel. The Special Rapporteur regrets that the Government has not responded to this communication and concerns expressed regarding the allegations of torture and ill-treatmen of Mr. X. In this context, the Special Rapporteur reminds the Government that it has the obligation to protect the right to physical and mental integrity of all persons. This right is set forth inter alia in the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights (ICCPR), and the Convention against Torture and Other Cruel, Inhuman or Degrading 60

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