A/HRC/34/38
organizations also documented 58 cases of West Bank children reporting ill-treatment by
Israeli security forces in 2015.109
50.
International human rights law prohibits torture or cruel, inhuman or degrading
treatment or punishment.110 That prohibition is absolute and there cannot be any derogation
from it, not even in a situation of armed conflict. 111 The occupied population is also
specifically protected by international humanitarian law. 112
51.
Israeli law does not specifically prohibit, define or criminalize torture. 113 Despite
improvements, for instance with the creation of semi-independent accountability
mechanisms, the “necessity defence” is commonly invoked to prevent any criminal
investigations.114 The number of complaints of torture or ill-treatment involving the Israel
Security Agency has quadrupled since June 2013, but not a single complaint has led to a
criminal investigation.115 Israel views the presentation of such complaints as a method to
burden and hinder its security agencies in their ongoing fight against terrorism.116
52.
The Office of the United Nations High Commissioner for Human Rights (OHCHR)
has consistently received and documented reliable allegations of torture and ill-treatment of
Palestinian detainees in the West Bank and in Gaza, including cases that have led to
death.117 In the West Bank, political opponents and activists, including students perceived
to be linked to Hamas and the Palestinian Islamic Jihad, appear to be particularly targeted
by the Palestinian Authority. 118 In Gaza, the ruling authorities and armed groups have
reportedly resorted to such practices. 119 Credible investigations into allegations are rare.
Administrative and arbitrary detention
53.
Since 2014, the number of Palestinians in detention has significantly increased;
detainees have no prospect of charge or trial. As at 31 October 2016, it was reported that
720 Palestinians were being held in Israeli administrative detention, 120 after their number
had peaked at 750 earlier in 2016, the highest number since early 2008. 121 Some
administrative detainees have resorted to hunger strikes to protest their detention. 122 In July
2015, the Israeli prisons act was amended, allowing judges to authorize the forced feeding
of a detainee on hunger strike. 123 Forced feeding has been qualified by human rights experts
as being tantamount to cruel, inhuman or degrading treatment, and a violation of the right to
health.124
54.
OHCHR has also documented a growing use of administrative detention by
Palestinian security forces, in some cases on the basis of orders issued by provincial
governors, or simply to justify delays in bringing the accused before a judge. 125 In Gaza, the
authorities have resorted to arbitrary detention against perceived political opponents,
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
12
See A/HRC/31/40, para. 47.
International Covenant on Civil and Political Rights, art. 7.
Ibid., art. 4.
Fourth Geneva Convention, arts. 27 and 32.
See CAT/C/ISR/CO/5, paras. 12-13, and A/71/364, paras. 41 and 59.
See A/71/364, para. 59 (with references).
Ibid., para 60.
See CAT/C/ISR/5, para. 11.
See A/HRC/31/40, paras. 60-62, and A/HRC/34/36.
See A/HRC/31/40, para. 61, and A/HRC/34/36.
A/HRC/34/36.
See www.addameer.org/statistics. Three Jewish-Israeli men were also held in administrative detention
in 2015.
See www.addameer.org/statistics/20160730 and www.btselem.org/administrative_detention/statistics.
See A/HRC/31/40, para. 44, and A/HRC/34/36, paras. 21-22.
See A/HRC/31/40, para. 45.
Joint statement of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment
or punishment and the Special Rapporteur on the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health, available from
www.ohchr.org/RU/NewsEvents/Pages/DisplayNews.aspx?NewsID=16269&LangID=E.
See A/HRC/31/40, para. 58.
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