A/HRC/13/42*
page 113
a former member of Parliament.431 According to the allegations received, several former
collaborators of Mr. al-Dainy were arrested in February 2009 and held in secret detention at a
number of different locations. In particular, they were detained in a prison in the Green Zone run
by the Baghdad Brigade. Their families were not notified of their whereabouts for several
months. The current location of 11 persons is still not known. While held at the Baghdad Brigade
prison, most of them were subjected to severe ill-treatment, including beating with cables,
suspension from the ceiling by either the feet or hands for up to two days at a time, or
electroshocks. Some had black bags put over their heads and were suffocated for several minutes
until their bodies became blue several times in a row. Also, some had plastic sticks introduced
into their rectum. They were also threatened with the rape of members of their families. They
were forced to sign and fingerprint pre-prepared confessions. As a result of the ill-treatment,
several of them had visible injuries on several parts of their bodies. Many lost a considerable
amount of weight.
4. Israel
229. In its report of May 2009, the Committee against Torture quoted an official figure
of 530 Palestinians held in administrative detention in Israel (while noting that it was “as many
as 700” according to non-governmental sources). The Committee also highlighted a disturbing
piece of legislation related to holding detainees as “unlawful combatants”, explaining that
Unlawful Combatants Law No. 5762-2002, as amended in August 2008, allowed for the
detention of non-Israeli citizens falling into the category of “unlawful combatants”, described as
“combatants who are believed to have taken part in hostile activity against Israel, directly or
indirectly”, for a period of up to 14 days without any judicial review. Detention orders under this
law could be renewed indefinitely; evidence was made available neither to the detainee nor to the
person’s lawyer and, although the detainees had the right to petition the Supreme Court, the
charges against them were also reportedly kept secret. According to the State party, 12 persons
were currently being detained under the law.432
230. The Committee also mentioned the alleged secret detention facility no. 1391, noting with
concern that, although the Government claimed that it had not been used since 2006 to detain or
interrogate security suspects, the Supreme Court had rejected several petitions urging an
examination of the facility. The Committee reminded the Government of Israel that it should
ensure that no one was detained in any secret detention facility under its control in the future, as
a secret detention centre was per se a breach of the Convention.433 The Committee went further
by calling on the Government to “investigate and disclose the existence of any other such facility
and the authority under which it has been established”.
431
See the report of the Special Rapporteur on torture (A/HRC/13/39/Add.1) and the report of
the Working Group on Enforced or Involuntary Disappearances (A/HRC/13/31), para. 295.
432
CAT/C/ISR/CO/4.
433
Ibid.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents