CAT/C/ISR/CO/5
(c)
Preventing, investigating and adequately sanctioning practices involving
torture or ill-treatment. It should also ensure that minors who were victims of torture
or ill-treatment are afforded appropriate redress, including the means for as full
rehabilitation as possible;
(d)
Facilitating visits from relatives and friends, in accordance with
international standards.
Allegations of torture and ill-treatment
30.
The Committee is concerned at allegations of torture and other cruel, inhuman or
degrading treatment or punishment of persons deprived of liberty, including minors.
According to these allegations, torture and ill-treatment are mostly perpetrated by law
enforcement and security officials, mainly from the Israel Security Agency, the police and
the Israeli Defence Forces, particularly during arrest, transfer and interrogation. In addition,
the Committee remains concerned at allegations that Israel Security Agency interrogators
continue to resort to interrogation methods that are contrary to the Convention, such as
stress positions and sleep deprivation, and regrets the lack of clarity about the use of
restraints during interrogations. The Committee is also concerned at information received
that there is no proper accountability for torture and ill-treatment. In this respect, while
taking note of the assertion by the State party that all complaints submitted to the Inspector
for Complaints against Israel Security Agency interrogators are examined independently,
impartially and properly, the Committee is particularly concerned that so far none of the
hundreds of complaints brought against them have resulted in prosecution (arts. 2, 11, 12,
13, 14, 15 and 16).
31.
The State party should:
(a)
Reaffirm the absolute prohibition of torture and publicly warn that
anyone committing such acts or otherwise complicit or acquiescent in torture will be
held personally responsible before the law for such acts and will be subject to criminal
prosecution and appropriate penalties;
(b)
Take effective measures with a view to ensuring that interrogation
methods contrary to the Convention are not used under any circumstances and avoid
the use of restraints during interrogation as much as possible or apply them, only if
strictly regulated, as a measure of last resort, when less intrusive alternatives for
control have failed and for the shortest possible time;
(c)
Ensure that all instances and allegations of torture and ill-treatment are
investigated promptly, effectively and impartially and that alleged perpetrators are
duly prosecuted and, if found guilty, punished with sentences that are commensurate
with the gravity of their acts;
(d)
Ensure, without prejudice to the presumption of innocence, that officials
who are suspects of having perpetrated torture and ill-treatment are immediately
suspended from duty for the duration of the investigation, particularly when there is a
risk that they might otherwise be in a position to repeat the alleged act, to commit
reprisals against the alleged victim or to obstruct the investigation;
(e)
Provide effective remedies and redress to victims, including fair and
adequate compensation, and as full rehabilitation as possible.
Allegations of excessive use of force
32.
The Committee is concerned at allegations of excessive use of force, including lethal
force, by security forces, mostly against Palestinians in the West Bank, including East
Jerusalem, and the access-restricted areas of the Gaza Strip, particularly in the context of
GE.16-08992
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