A/HRC/31/40
4.
Hunger strikers, torture and ill-treatment
44.
During the reporting period, some Palestinian administrative detainees resorted to
hunger strikes to protest against their unlawful indefinite detention without charge. For
instance, lawyer Mohammad Allan, who had been detained since 11 November 2014,
began a hunger strike on 16 June 2015. On 10 August, he was moved into intensive care at
a hospital, chained to a bed despite his obvious weakness. On 14 August, he lapsed into a
coma for four days, and was reportedly given minerals intravenously. On 20 August, he
ended his hunger strike after 65 days, when the Israeli High Court suspended his
administrative detention. The suspension was directed on the grounds that his MRI scan
showed extensive brain damage and that he could not be a security risk. However, he was
detained again on 16 September and resumed his hunger strike until his release, on 4
November, when the detention order expired.
45.
Mohammad Allan was among the first detainees at risk of force-feeding after an
amendment to the Israeli Prisons Act, passed by the Knesset on 30 July 2015, permitted a
District Court President to authorize force-feeding of a detainee on hunger strike.34
Although its stated aim was to save the life of the detainee, the legislation allows the Courts
to factor into their decisions the State’s security and public safety. In a further similarity
with the administrative detention process — the root of many hunger strikes — the Court
may make its decision in a closed session and on the basis of secret evidence, not accessible
by the detainee’s lawyer. The bill included an important safeguard, namely the requirement
that a doctor certify that the patient would be in immediate, mortal danger were the hunger
strike to continue. However, the final text referred to the Hebrew term metapel (instead of
doctor),35 which, in Israeli law, encompasses medical trainees, midwives, physiotherapists,
occupational therapists, speech therapists and nutritionists (see Patients’ Rights Act, 1996).
46.
Various United Nations bodies and experts have raised concern about the enactment
of this law, reiterating that force-feeding was tantamount to cruel, inhuman or degrading
treatment, and a violation of the right to health. 36 The Israel Medical Association stated that
force-feeding amounted to torture. In September 2015, several Israeli organizations
challenged the law before the High Court. The petition is currently pending.
47.
OHCHR has received reports of ill-treatment of detainees generally. The Public
Committee against Torture in Israel submitted 23 complaints of torture to investigatory
bodies relating to the current reporting period. 37 Most allegations refer either to assaults at
the time of arrest or beating and threats during interrogation, particularly by the Israel
Security Agency. Common means of ill-treatment include sleep deprivation, stress
positions, sexual harassment and physical assaults. The United Nations Children’s Fund
(UNICEF) and partner organizations also documented 58 cases of West Bank children
reporting ill-treatment by the Israeli security forces. Common complaints were physical
violence, being blindfolded with hands painfully tied, and strip searches, while some
reported being held in solitary confinement.
48.
On 4 July 2015, the Knesset extended the temporary law exempting the
interrogations of Palestinian “security suspects” from audiovisual recording for an
additional year and a half; the latest in a series of continuous extensions since 2002. This
34
35
36
37
10
The bill was introduced at the time of the mass hunger strikes, in June 2014 (see A/HRC/28/80, para.
34).
Addameer, “Factsheet: Force-feeding under International Law and Medical Standards”, 16 November
2015.
Joint statement on new Israeli law on force-feeding of detainees, 8 August 2015; “UN experts urge
Israel to halt legalization of force-feeding of hunger-strikers in detention”, 28 July 2015.
Public Committee against Torture in Israel, “Update – November 1st, 2014 – October 31st, 2015”.
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