A/HRC/25/67
carried out in order to maintain dominance over Palestinians. The relatively high proportion
of civilian casualties caused by ISF in occupied Palestine is notable in this respect.
60.
In regard to article 2(a)(ii) and (iii), detention by Israel of Palestinians is closely
linked to the occurrence of torture and ill-treatment. According to the Prisoner Support and
Human Rights Association, Addameer, in September 2013, there were some 5,000
Palestinian political prisoners, including 137 administrative detainees.67 Many detainees are
transferred to prisons in Israel, in violation of the Fourth Geneva Convention (art. 76).68
61.
In 2012, the Committee on the Elimination of Racial Discrimination urged Israel to
end administrative detention, which is discriminatory and constitutes arbitrary detention
under international human rights law (CERD/C/ISR/CO/14-16, para. 27). Similar
recommendations were made by a number of States during the most recent universal
periodic review of Israel (A/HRC/25/15). The Committee further recommended that Israel
ensure equal access to justice for all persons living in territories under its effective control,
noting that Jewish settlers in occupied Palestine are subject to a civil law regime, while a
military regime applies to Palestinians in the West Bank, including East Jerusalem.
62.
Despite the absolute prohibition of torture,69 Palestinians detained by Israel continue
to be subjected to torture and ill-treatment (A/68/379).70 Methods of torture and illtreatment reportedly include: sleep deprivation; excessive use of handcuffs; beatings; verbal
abuse; stress positions; solitary confinement; humiliation; and threats of killing, sexual
assault and house demolitions, against the detainee or his or her family.71
63.
In 1999 the Israeli High Court said that using certain methods of physical pressure
for the purpose of “breaking” a detainee are unlawful and that interrogation methods must
be fair and reasonable, and respectful of human dignity.72 While representing an important
recognition of the illegality of certain methods of torture employed against Palestinian
detainees, the decision failed to outlaw torture by allowing the “ticking bomb” or
“necessity” defence. According to Addameer, “necessity” is used by interrogators as a
blanket defence with little to no accountability.73 The Public Committee against Torture in
Israel reported that of 701 formal complaints of torture submitted between 2001 and 2010,
none resulted in a criminal investigation.74
64.
Palestinian children are not exempt. In 2013, UNICEF concluded that
“Ill-treatment … appears to be widespread, systematic and institutionalized”75 in the case of
Palestinian children held in the Israeli military detention system. Israeli authorities seem to
have taken some limited steps towards meeting the UNICEF recommendations,76 including
by piloting test summons in two West Bank areas instead of conducting frightening night
arrests of children.77 While this is clearly a needed development, it also shows just how
67
68
69
70
71
72
73
74
75
76
77
See www.addameer.org/einside.php?id=9.
See www.addameer.org/etemplate.php?id=302.
Draft Articles.
A/68/379.
See www.addameer.org/etemplate.php?id=294 and www.stoptorture.org.il/en/skira1999-present.
See www.btselem.org/torture/hcj_ruling.
See www.addameer.org/etemplate.php?id=294.
Accountability Still Denied (2012), p. 4 (www.stoptorture.org.il/files/PCATI_eng_web.pdf). The
formal complaints may not be representative of the actual number of victims.
Children in Israeli Military Detention, p. 1 (www.unicef.org/oPt/UNICEF_oPt_Children_in_Israeli_
Military_Detention_Observations_and_Recommendations_-_6_March_2013.pdf).
See www.unicef.org/oPt/UNICEF_oPt_Children_in_Military_Detention_Bulletin_No_1_
October_2013.pdf.
See also A/68/379 and CRC/C/ISR/CO/2-4.
17
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