A/HRC/31/73
context of the 2015 upsurge of violence, including attacks by Palestinians, regarding the
many cases of injuries and killings of Palestinians involving Israeli security forces (see
A/HRC/31/79, case No. ISR 6/2015). Concerns included extensive use of live ammunition
and rubber-coated metal bullets against Palestinians demonstrating throughout the occupied
West Bank, including East Jerusalem, and killings of Palestinian suspects of attacks on
Israelis. In a joint press release of 16 November 2015, the Special Rapporteur, together with
the Special Rapporteur on extrajudicial, summary or arbitrary executions called for “an end
to the violence by all and strict compliance with international law” and urged “the
authorities to carry out independent, thorough, prompt and impartial investigations into all
suspected cases of extrajudicial, arbitrary and summary executions”. 64 No response had
been received as at 7 December 2015 to the communication. However, the Permanent
Mission of Israel has issued a press release in response to that of the Special Rapporteurs, in
which it objected, among other points, to the reference to the violence taking place within
the context of long-standing Israeli occupation policies and practices.65
59.
In a joint communication with the Special Rapporteurs on the right of everyone to
the enjoyment of the highest attainable standard of physical and mental health, and on
torture and other cruel, inhuman or degrading treatment or punishment dated 24 July 2015,
the Special Rapporteur urged the Government of Israel to refrain from amending the Prison
Act to allow the forced feeding of prisoners and detainees on hunger strike (see
A/HRC/31/79, case No. ISR 3/2015). The communication made clear that such treatment
would risk violating the absolute and non-derogable prohibition of torture and other illtreatment, as codified in articles 2 and 16 of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment. Israel responded on 14 August
2015,66 stating that the law sought to balance the prisoner’s autonomy over his/her body and
right to protest with the responsibility of the State to safeguard their health care, and would
only be used in cases of hunger strikes “driven by particular political purposes”.
60.
The amendment was resisted by the Israeli Medical Association, which noted that no
prisoner or detainee in Israel had ever died during a hunger strike. It considered forced
feeding equivalent to torture and concluded that it was “in conflict with accepted medical
ethics in Israel and around the world”. 67 As previously reported (see A/70/392, para. 70),
the law was passed on 30 July 2015. However, in the high-profile case of the Palestinian
hunger-striker Mohammad Allan, who was protesting against his administrative detention,
it appeared that prison authorities experienced great difficulty in finding medical
professionals willing to perform the treatment envisaged by the law. 68 The Special
Rapporteur applauds the principled resistance of Israeli physicians to administering the
forced treatment provided for in this law.
64
65
66
67
68
18
Press release, “UN rights experts express deep concern about ongoing bloodletting in the Occupied
Palestinian Territory”, 16 November 2015.
“Israel expresses shock and deep regret following UN Special Rapporteurs Press Release published
November 16, 2015”, press release, 17 November 2015.
It is noted that the response received in that case omitted to acknowledge the mandate on the situation
of human rights in the Palestinian territories occupied since 1967. See A/HRC/31/79.
Israeli Medical Association, “The Physician’s Guide to treating the detainee/prisoner on a hunger
strike”. Policy Paper, June 2014.
Addameer on Mohammad Allaan, updated 16 August 2015; Amnesty International, urgent action,
“Palestinian Lawyer Mohammed Allan Released”, 6 November 2015.
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