A/HRC/7/17
page 19
G. Conclusion
44. The situation in the West Bank may not be as serious as that of Gaza, however it is all a
question of degree. Moreover, as in Gaza, the serious humanitarian situation in the West Bank is
largely the result of Israel’s violations of international law. The wall violates norms of
international humanitarian law and human rights law, according to the International Court of
Justice; settlements violate the Fourth Geneva Convention; checkpoints violate the freedom of
movement proclaimed in human rights conventions; house demolitions violate the Fourth
Geneva Convention; the humanitarian crisis in the West Bank, brought about by Israel’s
withholding of Palestinian tax money and other violations of international law, violates many of
the rights contained in the International Covenant on Economic, Social and Cultural Rights. As
in Gaza, Israel’s actions constitute an unlawful collective punishment of the Palestinian people.
VI. THE TREATMENT OF ARRESTED PERSONS
AND CONVICTED PRISONERS
45. It is estimated that since 1967 over 700,000 Palestinians have been imprisoned. At
present, there are some 11,000 prisoners in Israeli jails, a number which includes 376 children,
118 women, 44 members of the Palestinian Legislative Council and some 800 “administrative
detainees” (that is, persons not convicted for any offence, held for renewable periods of up to
six months). Israel sees such prisoners as terrorists or ordinary criminals who have violated the
criminal law. Palestinians see them as political prisoners who have committed crimes against
the occupier. History is replete with examples of such competing perspectives - to cite but
South Africa and Namibia as examples. Prisoners are a key issue in any peace settlement. That
Israel is aware of this is demonstrated by its release of 779 prisoners (although in November
411 persons were arrested). The release of such a small number of prisoners, however, provides
little evidence of a bona fide attempt to reach a peaceful settlement on the part of Israel. To make
matters worse prisoners are subjected to humiliating and degrading treatment.
A. Arrested and detained persons
46. Following arrest, persons are frequently beaten and stripped in a humiliating manner. The
interrogation of subjects is then carried out in a degrading and inhuman manner, sometimes
amounting to torture. During 2007, two reports published by Israeli NGOs - Hamoked (Center
for the Defence of the Individual) and B’Tselem19 and the Public Committee against Torture in
Israel (PCATI)20 - have shown that arrested persons are subjected to beatings, humiliated and
deprived of basic needs and that persons suspected of having information that could prevent
attacks (so-called “ticking bomb suspects”) are deprived of sleep for more than 24 hours, beaten
and subjected to physical ill-treatment. The treatment of children is equally disturbing.
19
Absolute Prohibition: The Torture and Ill-Treatment of Palestinian Detainees, Hamoked and
B’Tselem, May 2007.
20
“Ticking Bombs” Testimonies of Torture Victims in Israel, Public Committee against Torture
in Israel, May 2007.
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