A/HRC/34/54/Add.3
282. The Special Rapporteur regrets that the Government of Israel has not replied to
present communication, thereby failing to cooperate with the mandate issued by the
Human Rights Council in its resolution 25/13.
283. In the absence of information to the contrary, the Special Rapporteur concludes that
there is substance to the allegations presented in the initial communication, available via
the link above and thus, that the Government) of Israel has engaged in systematic illtreatment of Palestinian detainees at the Shikma Prison in Ashkelon by maintaining
deplorable conditions at the detention centers, including inadequate access to light and
healthcare, sleep deprivation, inadequate heating; by torturing detainees to obtain
confessions; and by subjecting detainees to prolonged solitary confinement, thereby
violating their right to be free from torture or cruel or degrading treatment as provided
by Article 1, 2 and 16 of the Convention against Torture (CAT).
284. In the Special Rapporteur’s interim report to the General Assembly of 5 August
2011 (A/66/268), he defined solitary confinement, in accordance with the Istanbul
Statement on the Use and Effects of Solitary Confinement, as the physical and social
isolation of individuals who are confined in their cells for 22 to 24 hours a day. He
observed that while solitary confinement for short periods of time may be justified
under certain circumstances, with adequate and effective safeguards in place, the use of
prolonged (in excess of 15 days) or indefinite solitary confinement may never constitute
a legitimate instrument of the State, as it may cause severe mental and physical pain or
suffering. The Special Rapporteur recalls paragraph 28 of the General Assembly
resolution 68/156, stating that prolonged or indefinite solitary confinement runs afoul of
the absolute prohibition of torture and other cruel, inhuman or degrading treatment or
punishment. Furthermore, due to the prisoner’s lack of communication, as well as the
lack of witnesses inside the prison, solitary confinement may also give rise to other acts
of torture or ill-treatment.
285. With respect to the conditions of imprisonment, the Special Rapporteur directs the
Government to the Nelson Mandela Rules (the United Nations Standard Minimum
Rules for the Treatment of Prisoners), which establish minimum standards of healthy
accommodation (Rule 13) and adequate and prompt provision of health care (Rules 24
and 27).
286. The Special Rapporteur strongly urges the Government of Israel to put an
immediate end to torture and bring the conditions of detention at the Shikma
Interrogation Facility into accord with the state’s obligations under international law,
and to comply with its obligation to investigate, prosecute and punish all acts of torture
and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia,
in the CAT.
JUA 18/07/2016 Case No. ISR 7/2016 State Reply: None to date Allegations of the
arbitrary arrest, detention, torture and ill-treatment of, and denial of due process
and fair trial guarantees to two Palestinian children, aged 15 and 13.
287. The Special Rapporteur regrets that the Government of Israel has not replied to the
present communication, thereby failing to cooperate with the mandate issued by the
Human Rights Council in its resolution 25/13.
288. In the absence of information, the Special Rapporteur concludes that there is
substance in the allegations presented in the initial communication, available via the
link above. Thus, the Special Rapporteur concludes that the Government of Israel, by
failing to protect the physical and psychological integrity of two Palestinian children,
aged 15 and 13, and by subjecting them to torture, ill-treatment, and arbitrary arrest and
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