Torture and ill treatment of Palestinian detainees & prisoners

The torture and ill-treatment of Palestinian detainees and prisoners by the Israeli occupying power

The Palestinian Centre for Human Rights (PCHR) notes with grave concern the continuing prevalence of torture and ill-treatment of Palestinian detainees in Israeli jails and detention centers, inside Israel and the occupied Palestinian territory (oPt). PCHR wishes to provide the Human Rights Council with information regarding Israel’s continued violation of its obligations under international human rights and humanitarian law, in particular the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment — to which Israel is a State party — to prevent torture and cruel, inhuman or degrading treatment or punishment, to investigate allegations of such treatment, and to bring to justice those responsible for the perpetration of violations.

Torture and ill-treatment in detention

There has been a serious increase in the number of Palestinians arrested by Israeli occupation forces and other governmental agencies. In 2012, more than 3,848 Palestinians were arrested and detained by Israeli occupation forces and other security services, which constitutes a 16.2% increase compared to 2011. The detainees included 881 minors, under the age of 18 (of whom 23 were between 12 and 15 years old), 67 female detainees, and 11 parliamentarians.1 At the end of 2012, more than 4,750 Palestinians were kept in detention inside Israel, including 198 minors. During the same period, PCHR received increasing numbers of complaints of torture and ill-treatment in detention, including of minors. Many detainees have been, or continue to be, subjected to methods of interrogation that amount to torture or ill-treatment, including, but not limited to, painful shackling; ‘shabeh’2; sleep deprivation; exposure to loud music or screaming noises; beating, slapping and kicking; shaking; threats of physical and sexual violence; insults; forced squatting for long periods. Other abusive methods applied during interrogation periods, include: exposure to extreme temperatures alternately; prolonged or continuous exposure to bright spotlights; denial of timely and adequate medical care; tear gas and sound bombs; detention in inhuman and degrading conditions; denial of basic rights, including freedom of expression and freedom of worship. PCHR is particularly concerned about the treatment of Palestinian children and women upon arrest and during interrogation and detention. The Palestine Section of Defence for Children estimates that around 500-700 Palestinian children are detained and prosecuted in the Israeli military court system every year, with 2012 showing an increase of 32% compared to 2011.3 Furthermore, the overwhelming majority of the detained minors, some as young as 12, were subjected to a form of torture and ill-treatment, including psychological methods, during arrest, transportation to detention facilities, as well as during interrogation or detention.

Deprivation of family visits and other basic rights

Family visits for Palestinians kept in Israeli jails have been regularly suspended by Israel, in contravention of Rule 37 of the Standard Minimum Rules of the Treatment of Prisoners. In June 2006, following the capture of Israeli soldier Gilad Shalit, the Israeli authorities imposed a collective prohibition on family visits from the Gaza Strip, in violation of Article 33 of the Fourth Geneva Convention. In October 2011, after Shalit’s release, Israel continued to prevent family visits. Since July 2012, Israel has allowed only half of the prisoners from Gaza to receive a visit from a relative, under tight restrictions. Furthermore, PCHR has received several complaints of ill treatment of relatives by Israeli officials in prisons during visits. These complaints related to physical searches, particularly of women and children, conducted in a manner that constitute a form of degrading treatment.

Besides depriving prisoners of family visits, Israel further disregards the Standard Minimum Rules of the Treatment of Prisoners by depriving Palestinian prisoners of access to medical services, education, adequate nutritious food, suitable clothing, and means for maintaining personal hygiene.

Incommunicado detention

Palestinians have continued to be subjected to incommunicado detention in the last year. The denial of rights to legal counsel and family visits facilitates torture and other forms of ill-treatment. The Israeli Supreme Court has consistently refused requests for access to legal counsel submitted by PCHR  and other human rights organizations and has also refused to examine the legal basis for permitting incommunicado detention.

Administrative detention

In 2012, Israel continued to apply the procedure of administrative detention in a manner that does not conform with Article 16 of the Convention Against Torture. PCHR is increasingly concerned by the continued detention of Palestinians without charge