14 Palestinian and Israeli Organisations Condemn Lack of Accountability for Torture of Palestinian Detainees
Friday, 01 March 2013 Ref.: 44/2013
The Palestinian Human Rights Organisations Council (PHROC), along with Adalah, Public Committee Against Torture in Israel and Physicians for Human Rights-Israel, express their outrage at the death of Arafat Jaradat, 30, which, according to the autopsy report of Dr Saber al-‘Aloul, Director of the Palestinian Medico-legal Institute, was caused by torture and ill-treatment inflicted while in Israeli custody. The preliminary autopsy, to which there are links below, found that Arafat displayed severe bruising on his upper back, deep bruising along the spine, and significant bruising on both sides of the chest. The postmortem also discovered bruising on both arms and inside the mouth, blood around the nose and three fractured ribs. In addition, the examination discounted the claim by the Israeli authorities that Arafat died of a heart attack. His heart was completely healthy and there was no evidence of damage or weakness of any kind. The report concludes that all injuries were the result of very recent, severe and direct torture. The undersigned organisations reiterate the demands made by UN representatives for an immediate international investigation into the death of Arafat Jaradat with a view to holding those responsible for his death accountable.
Arafat Jaradat was arrested on 18 February on suspicion of throwing rocks and Molotov cocktails at settlers and was transferred to al-Jalameh prison where he confessed to throwing stones but denied any involvement with firebombs. On 21 February, his lawyer, Mr. Kamil Sabbagh, reported that Arafat was suffering from severe pain in his back and appeared to be psychologically and physically weak after three days under interrogation. According to Mr. Sabbagh, Arafat also expressed strong fear at the prospect of returning to interrogation when his detention order was extended by 12 days. After a request from Mr. Sabbagh, the Israeli military judge ordered that a full physical and psychological examination of Arafat be carried out, the results of which were to be presented to the Israeli Security Agency (ISA) and the court. It is unclear if this medical examination ever took place. If it did, the results of the exam should be disclosed. If it did not, the Israeli authorities must explain why this order was not complied with.
The absolute prohibition against torture is a peremptory norm of international law and “has now become one of the most fundamental standards of the international community”. Since 2001, there have been more than 750 complaints of torture and ill-treatment against the ISA. Not one complaint has resulted in a criminal investigation. Indeed, given that all complaints are reviewed by the Inspector of Interrogee Complaints, who is himself an ISA agent, it is a process that guarantees the absence of credible and impartial investigations. The fact that the Israeli Attorney General has ratified each recommendation not to investigate is further evidence of the institutional impunity which shields the ISA and those who commit torture in Israeli prisons.
Article 12 of UN Convention Against Torture, of which Israel is a State Party, obliges States to perform prompt and impartial investigations in all alleged incidents of torture. Torture is also considered a grave breach of the Fourth Geneva Convention and is further listed as both a crime against humanity and a war crime under the Rome Statute of the International Criminal Court. In addition, torture has permissive universal jurisdiction according to customary international law, which allows any State to prosecute those accused of torture, regardless of their nationality.
However, in 1999, the Israeli High Court of Justice ruling in the Public Committee Against Torture in Israel v The State of Israel contributed significantly to the current climate of impunity, shielding those who commit torture. While the Court affirmed that the practice of torture was prohibited, it also held that such prohibition would not apply in cases of “necessity”, leaving room for the use of extreme measures in arbitrarily-defined situations, in blatant contradiction to the jus cogens status of the absolute prohibition of torture. The ruling effectively allowed for the continuing use of torture by affirming that an Israeli official charged with torture would not be criminally liable by virtue of the “necessity defence”, which can legitimise the use of “physical pressure” in certain circumstances.
In 2009, the UN Committee Against Torture reiterated its call on Israel to remove ‘necessity’ as a justification for the crime of torture as well as calling for all interrogations to be recorded on film. These demands have been ignored. In short, while torture is a crime that the international community maintains cannot be allowed to go unpunished, in Israel both the High Court of Justice and the Attorney General contribute to the lack of accountability that pervades the Israeli judicial system. Unless this culture of impunity is challenged, Palestinians in Israeli prisons will continue to be victims of torture and ill-treatment with regularity.
Arafat’s death is symptomatic of the utter disregard with which Israel holds the lives of Palestinian prisoners. Since the beginning of the occupation in 1967, 203 Palestinians have died in Israeli detention centres. At least 71 of these died as a direct result of torture. One hundred and seventy eight Palestinians are being held in administrative detention without charge or trial or any access to the information upon which their detention is based. Presently, ten Palestinians are engaged in hunger strikes in protest against their detention. Tarek Qa’adan and Jafar Azzidine, who spent more than 90 days on hunger strike and are in critical condition, have suspended their strikes for a week ahead of a court hearing on 6 March in the hope that their detention orders will be dismissed. Both men had their administrative detention orders renewed for another three months on Friday 22 February.
In light of the above, the undersigned organisations call for the following steps to be taken:
– An international investigation into all complaints of torture by Israeli forces must be carried out, followed by effective accountability for those responsible and redress for victims;
– All ISA interrogations of Palestinians must be subject to video recording, in line with the recommendations of the Turkel Commission;
– Given that Israel does not offer due process or a fair trial to Palestinian prisoners, all administrative detainees should be promptly released;
– The UN Committee Against Torture and Third States should pressure Israel to adopt adequate criminal legislation to define and penalise torture under domestic Israeli law;
– The European Parliament must promptly activate the parliamentary fact-finding mission that includes members of its Subcommittee on Human Rights to investigate the conditions of detention and interrogation of Palestinians detained by Israel;
– The EU parliamentary fact-finding mission must include an investigation into Israel’s illegal practice of administrative detention and the use of the “Unlawful Combatant Law”;
– All hunger strikers in advanced stages must be moved immediately to civilian hospitals where they can receive the appropriate standard of care without being shackled;
– Immediate intervention from the IPS to provide all hunger strikers with unrestricted access to independent doctors;
– All hunger strikers should be allowed family visits;
– UN Member States should urgently put pressure on Israel to end its policy of arbitrary detention and to abide by the standard rules for the treatment of prisoners adopted in 1955, which set out what is generally accepted as being decent principle and practice in the treatment of prisoners.
Preliminary Autopsy Report
 Prosecutor v Furundžija (Judgment, Trial Chamber) ICTY-95-17/1 (10 December 1998), para. 59.
 Data on file with Addameer.
Adalah – The Legal Center for Arab Minorities in Israel
Addameer Prisoners’ Support and Human Rights Association
Aldameer Association for Human Rights
Khalil Abu Shammala
Ramallah Center for Human Rights Studies
Al Mezan Center for Human Rights
Badil Resource Center for Palestinian Residency and Refugee Rights
Defence for Children International
Ensan Center for Human Rights and Democracy
Hurryyat – Centre for Defense of Liberties and Civil Rights
Jerusalem Center for Legal Aid and Human Rights
Public Committe Against Torture
Physicians for Human Rights – Israel
Women’s Centre for Legal Aid and Counselling
Maha Abu Dayyeh