United Nations
Report of the
Committee against Torture
General Assembly
Official Records Fifty-second Session
Supplement No.44 (A/52/44)
[…/]
M. Israel
253. The Committee considered the special report of Israel (CAT/C/33/Add.2/Rev.1) at its 295th, 296th and 297th meetings, on 7 and 9 May 1997 (CAT/C/SR.295, 296 and 297/Add.1), and adopted the following conclusions and recommendations.
1. Introduction
254. The special report of Israel was submitted on 18 February 1997, pursuant to the request contained in the letter to the Permanent Representative of Israel to the United Nations Office at Geneva, dated 22 November 1996 (see para. 25 above). It responded to a number of concerns of the Committee contained in its conclusions on the first periodic report of Israel and the Committee's reaction to certain decisions of the Supreme Court of Israel. The Committee thanks the Israeli delegation for its informative opening statement and its frank and open responses to the Committee's questions.
2. Conclusions
255. The information provided by Israel in its special report and in the opening statement of its representatives was essentially a reiteration of its position described in the initial report, namely, that interrogation, including the use of "moderate physical pressure" where it is thought that interrogatees have information of imminent attacks against the State which may involve deaths of innocent citizens, is lawful if conducted in accordance with the "Landau rules", which permit "moderate physical pressure" to be used in strictly defined interrogation circumstances.
256. It is Israel's position that interrogations pursuant to the "Landau rules" do not breach prohibitions against cruel, inhuman or degrading treatment as contained in article 16 of the Convention against Torture and do not amount to torture as defined in article 1 of the Convention.
257. However, the methods of interrogation, which were described by non-governmental organizations on the basis of accounts given to them by interrogatees and appear to be applied systematically, were neither confirmed nor denied by Israel. The Committee must therefore assume them to be accurate. Those methods include: (1) restraining in very painful conditions, (2) hooding under special conditions, (3) sounding of loud music for prolonged periods, (4) sleep deprivation for prolonged periods, (5) threats, including death threats, (6) violent shaking, and (7) using cold air to chill, and are, in the Committee's view, breaches of article 16 and also constitute torture as defined in article 1 of the Convention. This conclusion is particularly evident where such methods of interrogation are used in combination, which appears to be the standard case.
258. The Committee acknowledges the terrible dilemma that Israel confronts in dealing with terrorist threats to its security, but as a State party to the Convention Israel is precluded from raising before this Committee exceptional circumstances as justification for acts prohibited by article 1 of the Convention. This is plainly expressed in article 2 of the Convention.
259. The Committee is also concerned that the effect of the Hamdan decision by the Israeli Supreme Court dissolving the interim injunction was to allow some of the interrogation practices referred to above to continue and to legitimize them for domestic purposes.
3. Recommendations
260. The Committee recommends that:
(a) Interrogations applying the methods referred to above and any other methods that are in conflict with the provisions of articles 1 and 16 of the Convention cease immediately;
(b) The provisions of the Convention be incorporated by legislation into Israeli law, particularly the definition of torture contained in article 1 of the Convention, as is currently under consideration by the expert committee of the Ministerial Committee for Legislation;
(c) Israel consider making the declarations provided for under articles 21 and 22 and withdrawing its reservation to article 20 of the Convention;
(d) Interrogation procedures pursuant to the "Landau rules" in any event be published in full;
(e) Israel include information on the measures taken in response to these conclusions and recommendations in its second periodic report, which was due on 1 November 1996. That report should be submitted as soon as possible and in any event no later than 1 September 1997, in order to allow the Committee to consider it at its next session.
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ANNEX I
States that have signed, ratified or acceded to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment as at 9 May 1997
|
State |
Date of signature |
Date of receipt of the instrument of ratification or accession |
|
Afghanistan Albania/ Algeria b/ Antigua and Barbuda Argentina b/ Armenia Australia b/ Austria b/ Azerbaijan/ Belarus Belgium Belize Benin Bolivia Bosnia and Herzegovina Brazil Bulgaria b/ Burundi Cambodia Cameroon Canada b/ Cape Verde Chad Chile China Colombia Costa Rica Côte d'Ivoire Croatia b/ Cuba Cyprus b/ Czech Republic Democratic Republic of the Congo Denmark b/ Dominican Republic Ecuador b/ Egypt El Salvador Estonia Ethiopia Finland France b/ Gabon Gambia Georgia Germany Greece b/ Guatemala Guinea Guyana Honduras Hungary b/ Iceland b/ Indonesia Ireland Israel Italy b/ Jordan Kenya Kuwait Latvia Libyan Arab Jamahiriya Liechtenstein b/ Lithuania Luxembourg b/ Malawi Malta b/ Mauritius Mexico Monaco b/ Morocco Namibia Nepal Netherlands b/ New Zealand b/ Nicaragua Nigeria Norway b/ Panama Paraguay Peru Philippines Poland b/ Portugal b/ Republic of Korea Republic of Moldova Romania Russian Federation b/ Senegal Seychelles Sierra Leone Slovakia Slovenia b/ Somalia South Africa Spain b/ Sri Lanka Sudan Sweden b/ Switzerland b/ Tajikistan The former Yugoslav Republic of Macedonia Togo b/ Tunisia b/ Turkey b/ Uganda Ukraine United Kingdom of Great Britain & Northern Ireland United States of America d/ Uruguay b/ Uzbekistan Venezuela b/ Yemen Yugoslavia b/ |
4 February 1985 – 26 November 1985 – 4 February 1985 – 10 December 1985 14 March 1985 – 19 December 1985 4 February 1985 – – 4 February 1985 – 23 September 1985 10 June 1986 – – – 23 August 1985 – – 23 September 1987 12 December 1986 10 April 1985 4 February 1985 – – 27 January 1986 9 October 1985 – – 4 February 1985 4 February 1985 4 February 1985 – – – – 4 February 1985 4 February 1985 21 January 1986 23 October 1985 – 13 October 1986 4 February 1985 – 30 May 1986 25 January 1988 – 28 November 1986 4 February 1985 23 October 1985 28 September 1992 22 October 1986 4 February 1985 – – – – – 27 June 1985 – 22 February 1985 – – – 18 March 1985 – 8 January 1986 – – 4 February 1985 14 January 1986 15 April 1985 4 February 1985 22 February 1985 29 May 1985 – 13 January 1986 4 February 1985 – – – 18 March 1985 – – – 29 January 1993 4 February 1985 – 4 June 1986 4 February 1985 4 February 1985 – – 25 March 1987 26 August 1987 25 January 1988 – 27 February 1986 15 March 1985 18 April 1988 4 February 1985 – 15 February 1985 – 18 April 1989 |
1 April 1987 11 May 1994 a/ 12 September 1989 19 July 1993 a/ 24 September 1986 13 September 1993 a/ 8 August 1989 29 July 1987 16 August 1996 a/ 13 March 1987 – 17 March 1986 a/ 12 March 1992 a/ – 6 March 1992 c/ 28 September 1989 16 December 1986 18 February 1993 a/ 15 October 1992 a/ 19 December 1986 a/ 24 June 1987 4 June 1992 a/ 9 June 1995 a/ 30 September 1988 4 October 1988 8 December 1987 11 November 1993 18 December 1995 a/ 8 October 1991 c/ 17 May 1995 18 July 1991 1 January 1993 c/ 18 March 1996 a/ 27 May 1987 – 30 March 1988 25 June 1986 a/ 17 June 1996 a/ 21 October 1991 a/ 14 March 1994 a/ 30 August 1989 18 February 1986 – – 26 October 1994 a/ 1 October 1990 6 October 1988 5 January 1990 a/ 10 October 1989 19 May 1988 5 December 1996 a/ 15 April 1987 23 October 1996 – – 3 October 1991 12 January 1989 13 November 1991 a/ 21 February 1997 a/ 8 March 1996 a/ 14 April 1992 a/ 16 May 1989 a/ 2 November 1990 1 February 1996 b/ 29 September 1987 11 June 1996 a/ 13 September 1990 a/ 9 December 1992 a/ 23 January 1986 6 December 1991 a/ 21 June 1993 28 November 1994 a/ 14 May 1991 a/ 21 December 1988 10 December 1989 – – 9 July 1986 24 August 1987 12 March 1990 7 July 1988 18 June 1986 a/ 26 July 1989 9 February 1989 9 January 1995 a/ 28 November 1995 a/ 18 December 1990 a/ 3 March 1987 21 August 1986 5 May 1992 a/ – 29 May 1993 a/ 16 July 1993 a/ 24 January 1990 a/ – 21 October 1987 3 January 1994 a/ – 8 January 1986 2 December 1986 11 January 1995 a/ 12 December 1994 c/ 18 November 1987 23 September 1988 2 August 1988 3 November 1986 a/ 24 February 1987 8 December 1988 21 October 1994 24 October 1986 28 September 1995 a/ 29 July 1991 5 November 1991 a/ 10 September 1991 |
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a/ Accession.
b/ Made the declaration under articles 21 and 22 of the Convention.
c/ Succession.
d/ Made the declaration under article 21 of the Convention.
ANNEX II
Membership of the Committee against Torture in 1997
|
Name of member |
Country of nationality |
Term expires on 31 December |
|
Mr. Peter Thomas BURNS Mr. Guibril CAMARA Mr. Alexis DIPANDA MOUELLE Mr. Alejandro GONZALEZ POBLETE Ms. Julia ILIOPOULOS-STRANGAS Mr. Georghios M. PIKIS Mr. Mukunda REGMI Mr. Bent SORENSEN Mr. Alexander M. YAKOVLEV Mr. Bostjan M. ZUPANCIC |
Canada Senegal Cameroon Chile Greece Cyprus Nepal Denmark Russian Federation Slovenia |
1999 1999 1997 1999 1997 1999 1997 1997 1997 1999 |
ANNEX IV
Country rapporteurs and alternate rapporteurs for the
reports of States parties considered by the Committee
at its seventeenth and eighteenth sessions
|
Report |
Rapporteur |
Alternate |
|
A. Seventeenth session |
||
|
Algeria:second periodic report (CAT/C/25/Add.8) |
Mr. Guibril Camara |
Ms. Julia Iliopoulos-Strangas |
|
Georgia: initial report (CAT/C/28/Add.1) |
Mr. Peter Thomas Burns |
Mr. Georghios M. Pikis |
|
Poland: second periodic report (CAT/C/25/Add.9) |
Mr. Alexis Dipanda Mouelle |
Mr. Alexander M. Yakovlev |
|
Republic of Korea: initial report (CAT/C/32/Add.1) |
Mr. Bostjan M. Zupancic |
Mr. Mukunda Regmi |
|
Russian Federation: second periodic report (CAT/C/17/Add.15) |
Mr. Georghios M. Pikis |
Mr. Peter Thomas Burns |
|
Uruguay: second periodic report (CAT/C/17/Add.16) |
Mr. Alejandro Gonzalez Poblete |
Mr. Bert Sorensen |
|
B. Eighteenth session |
||
|
Denmark: third periodic report (CAT/C/34/Add.3) |
Ms. Julia Iliopoulos-Strangas |
Mr. Mukunda Regmi |
|
Israel: special report (CAT/C/33/Add.2/Rev.1) |
Mr. Peter Thomas Burns |
Mr. Bert Sorensen |
|
Mexico: third periodic report (CAT/C/34/Add.2) |
Mr. Alejandro Gonzalez Poblete |
Mr. Bert Sorensen |
|
Namibia: initial report (CAT/C/28/Add.2) |
Mr. Bostjan M. Zupancic |
Mr. Guibril Camara |
|
Paraguay: second periodic report (CAT/C/29/Add.1) |
Mr. Alejandro Gonzalez Poblete |
Mr. Peter Thomas Burns |
|
Sweden: third periodic report (CAT/C/34/Add.4) |
Mr. Bert Sorensen |
Mr. Peter Thomas Burns |
|
Ukraine: third periodic report (CAT/C/34/Add.1) |
Mr. Alexander M. Yakovlev |
Mr. Georghios M. Pikis |
_____
Document Type: Report
Document Sources: General Assembly
Subject: Human rights and international humanitarian law
Publication Date: 10/09/1997