(3)
The Committee expresses its appreciation for the extensive written responses to its list of issues
(CAT/C/ISR/Q/4 and Add.1), which provided important additional information, and for the oral responses to the
numerous questions raised and concerns expressed during the consideration of the report. The Committee also
appreciates the expert delegation of the State party and the open and comprehensive dialogue conducted.
B. Positive aspects
(4)
The Committee welcomes that, in the period since the consideration of the last periodic report
(CAT/C/54/Add.1), the State party has ratified the following instruments:
(a)
The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in
armed conflict;
(b)
The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography.
(5)
The Committee notes with appreciation the decisions of the Supreme Court of Israel on the case
Yisacharov v. The Head Military Prosecutor et. al., C.A. 5121/98, which calls for the exclusion of a confession or
evidence obtained unlawfully or in violation of a defendant’s right to fair procedure; and the case Physicians for
Human Rights et al. v. Minister of Public Security, HCJ 4634/04, declaring that the State of Israel must provide a
bed to every prisoner held in an Israeli prison as a basic condition for living in dignity.
(6)
The Committee also notes with appreciation the enactment of the Israel Security Agency Law
No. 5762-2002, regulating the mandate, scope and function of this institution and regularizing its activities so that it
is supervised by and reports to a Ministerial Committee and other official bodies.
(7)
The Committee welcomes the appointment of the Israel Prison Service as the authority in charge of many
Israeli detention facilities, some of which were formerly controlled by the military and the police.
(8)
Additionally, the Committee welcomes the State party’s affirmation that training concerning the Convention
and the prohibition of torture is conducted in courses for security, police and military officials, including with regard
to the Supreme Court’s 1999 ruling on the prohibition on torture, affirming that “these prohibitions are ‘absolute’.
There are no exceptions to them and there is no room for balancing.”
(9)
The Committee notes again, with appreciation, the way in which public debate ensues on such sensitive
matters as torture and ill-treatment of detainees, both in Israel and the occupied Palestinian territories. It welcomes
the State party’s cooperation with non-governmental organizations that provide relevant reports and information to
the Committee and encourages the State party to further strengthen its cooperation with them with regard to the
monitoring and implementation of the provisions of the Convention. In this connection, the Committee also notes
with appreciation the prompt judicial review of persons under detention upon their petition to the Supreme Court,
and the role of non-governmental organizations in facilitating and lodging such appeals.
C. Factors and difficulties impeding the application of the Convention
(10) The Committee is fully aware of the situation of unrest prevailing in Israel and in the occupied Palestinian
territories. The Committee reiterates its recognition of the State party’s legitimate security concerns and its duty to
protect its citizens and all persons under its jurisdiction or de facto control from violence. However, the Committee
recalls the absolute nature of the prohibition of torture contained in article 2, paragraph 2, of the Convention, stating
that “no exceptional circumstances whatsoever may be invoked as a justification of torture”.
(11) The Committee notes the State party’s continued argument that the Convention is not applicable to the
West Bank or the Gaza Strip and the claim that this position stems inter alia from longstanding legal considerations
that encompass the original drafting history of the Convention as well as from changed practical developments since
Israel’s last appearance before the Committee, including the 2005 withdrawal of Israeli forces from the Gaza Strip,
the dismantling of its military government and its evacuation of over 8,500 civilians from Gaza. In addition, the
Committee notes the State party’s argument that the ‘law of armed conflict’ is the lex specialis legal regime that
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