A/HRC/12/37
page 18
general comment No. 5 (1981) on derogations, has stated that measures taken under article 4
should be of an “exceptional and temporary nature and may last only as long as the life of the
nation concerned is threatened”.75
43. Furthermore, international humanitarian law, in particular the Fourth Geneva Convention,
applies in the West Bank. Article 76 of the Convention states clearly that civilians “accused of
offences shall be detained in the occupied country, and if convicted they shall serve their
sentences therein”. Article 5 of the Convention also states that persons accused of offences, even
those “engaged in activities hostile to the security of the State … shall nevertheless be treated
with humanity, and in case of trial, shall not be deprived of the rights of fair and regular trial
prescribed by the present Convention”.76
44. Cases of alleged torture of Palestinian detainees in Israeli prisons continue to be reported
by human rights NGOs. These reports indicate that various methods of torture are used,
including preventing access to toilet facilities, physical violence, binding in painful positions,
and humiliation and threats. In addition, a large number of detainees are not able to receive visits
from family members living in the West Bank and Gaza, who are refused entry into Israel.77
45. The PA security forces in the West Bank also reportedly continued to carry out arbitrary
detention of persons accused of being supporters of Hamas or of collaborating with Israel.78
Several senior political figures allegedly affiliated with Hamas were arrested in early March.
According to the Palestinian Independent Commission for Human Rights (ICHR), such incidents
are increasing. Numerous cases have been documented of detainees tortured while in PA
custody, sometimes resulting in death. ICHR reports that from December 2008 through
February 2009, 60 complaints were received from Palestinians claiming that they were subjected
to torture in PA detention, and that in February alone, four deaths in PA custody, apparently due
to torture, were documented.79 It is further worrisome that courts in Hebron and Gaza issued
seven death sentences (five in the Gaza Strip and two in the West Bank) during the reporting
period.80
75
Para. 3. See HRI/GEN/1/Rev.9 (vol. I), chap. II.
76
See Israeli Military Order No. 1229/1988.
77
CAT/C/ISR/CO/4, para. 19, The Association for Civil Rights in Israel, “The State of Human
Rights in Israel and the Occupied Territories: 2008 Report” and The United Against Torture
Coalition, Torture and Ill-Treatment In Israel and the occupied Palestinian territory: An
Analysis of Israel’s compliance with the United Nations Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, Annual Report 2008.
78
See, for instance, CAT/C/ISR/CO/4 at para. 34.
79
ICHR, December 2008 Monthly Report, January 2009 Monthly Report.
80
ICHR monthly reports covering the period December 2008 - March 2009.
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