CAT/C/ISR/CO/5 demonstrations, in response to attacks or alleged attacks against Israeli civilians or security forces, and to enforce the access-restricted areas of the Gaza Strip. In this respect, the Committee notes with concern that, when referring to the responses of the State party’s security forces to attacks or alleged attacks by Palestinians against Israelis, the United Nations High Commissioner for Human Rights noted that “some of these responses strongly suggest unlawful killings, including possible extrajudicial executions” (A/HRC/31/40, para. 10). The Committee is also concerned at reports that accountability for instances of excessive use of force is rare (arts. 2, 12, 13, 14 and 16). 33. The State party should make more vigorous efforts to effectively prevent and sanction incidents of excessive force, including by ensuring that: (a) Law enforcement and security officials are adequately trained in and comply with the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, including in the access-restricted areas of the Gaza Strip; (b) The rules of engagement or regulations on opening fire are fully consistent with the Convention and other relevant international standards. In this respect, the Committee encourages the State party to implement the recommendation made by the Secretary-General to “[carry] out an independent review and any necessary revisions of rules of engagement or regulations on opening fire to ensure their consistency with international law” (see A/70/421, para. 72 (b)); (c) All instances and allegations of excessive use of force are investigated promptly, effectively and impartially by an independent body, that alleged perpetrators are duly prosecuted and, if found guilty, adequately sanctioned. Prohibition of coerced evidence 34. The Committee is concerned at allegations of instances in which coerced evidence was used in courts, including in military courts to sentence children, despite the jurisprudence of the Supreme Court regarding the inadmissibility of evidence obtained illegitimately. Recalling its previous recommendation (CAT/C/ISR/CO/4, para. 25), the Committee observes with interest the information provided by the delegation that a bill has been drafted that, inter alia, will expressly establish the inadmissibility of a confession procured under torture (art. 15). 35. The state party should: (a) Take effective measures to ensure in practice, where there is an allegation that a statement was made under torture, that such a statement is not invoked as evidence in any proceeding, except when invoked against a person accused of torture as evidence that the statement was made; (b) Speed up the process to adopt the bill referred to by the State party and ensure that it explicitly prohibits the use as evidence in any proceedings of any statement (either confession or any other type of statement) which is established to have been made as a result of torture, except when invoked against a person accused of torture as evidence that the statement was made. Checkpoints 36. Recalling its previous concluding observations (CAT/C/ISR/CO/4, para. 31), the Committee remains concerned at allegations of instances of degrading treatment at checkpoints and of undue delays or denials of passage, including in emergency cases (art. 16). 8 GE.16-08992

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