Report of Special Rapporteur on torture & other cruel, inhuman or degrading treatment or punishment – HRC 28th session – Report (excerpts)

Report of the Special Rapporteur on torture and other cruel,

inhuman or degrading treatment or punishment,

Juan E. Méndez

Addendum

Observations on communications transmitted to Governments and

replies received*

___________

*The present document is being circulated in the languages of submission only.

I. Introduction

1. The present document is submitted by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan E. Méndez, to the Human Rights Council, pursuant to its resolution 25/13.

2. In the present addendum, the Special Rapporteur provides observations, where considered appropriate, on communications sent to States between 1 December 2013 and 30 November 2014, as well as on responses received from States in relation to these communications until 31 January 2015. Communications sent and responses received during the reporting period are accessible electronically through hyperlinks.

3. The Special Rapporteur is grateful to all States, which have transmitted responses to communications sent. He considers response to his communications an important part of cooperation by States with his mandate. In this context, the Special Rapporteur recalls paragraph 2(a) of the Human Rights Council resolution 25/13 which urges States to “fully cooperate with and assist the Special Rapporteur in the performance of his or her task, to supply all necessary information requested by him or her and to fully and expeditiously respond to his or her urgent appeals, and urges those Governments that have not yet responded to communications transmitted to them by the Special Rapporteur to answer without further delay.”

4. The communications and the relevant replies can also be accessed via the encorporated links or in the communications reports of Special Procedures A/HRC/26/21 (communications sent, 1 December 2013 to 28 February 2014; replies received, 1 February to 30 April 2014); A/HRC/27/72 (communications sent, 1 March to 31 May 2014; replies received, 1 May to 31 July 2014) and A/HRC/28/85 (communications sent, 1 June to 30 November 2014; replies received, 1 August 2014 to 31 January 2015).

II. Observations by the Special Rapporteur

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Israel

(a)  JAL 06/05/2014 Case No. ISR 1/2014 State Reply: None to date Allegations concerning the ill-treatment and torture of Palestinian children in Israeli custody.

268. The Special Rapporteur regrets that the Government of Israel has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, and to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).

269. The allegation letter referred to a pattern of physical and mental mistreatment of under-age Palestinian boys detained by the Israeli Defense Forces (IDF), and included the cases of three children, aged 17, 16 and 14, whose names were withheld because of their age.  In each case, IDF members had applied violence to the boys in the course of their detention as well as in forcing them to confess to throwing stones at settlers’ vehicles and, in one case, throwing Molotov cocktails and stones in the course of demonstrations.  One of the children was held in solitary confinement for five days.  All three were forced to sign confessions under duress, statements that then formed the basis for sentences of several weeks in prison.

270. In his interim report to the General Assembly of 5 August 2011 (A/66/268), the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment defined solitary confinement, in accordance with the Istanbul Statement on the Use and Effects Solitary Confinement, as the physical and social isolation of individuals who are confined in their cells for 22 to 24 hours a day. He observed that while solitary confinement for short periods of time may be justified under certain circumstances, with adequate and effective safeguards in place, the use of prolonged or indefinite solitary confinement may never constitute a legitimate instrument of the State and is running afoul the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment. Furthermore, due to the prisoner’s lack of communication, as well as the lack of witnesses inside the prison, solitary confinement may also give rise to other acts of torture or ill-treatment

271. The Special Rapporteur recalls that when used or for juveniles, pregnant women, or people with mental disabilities, persons serving life sentences and persons awaiting execution on “death row” (A/66/268 and A/68/295), solitary confinement amounts to cruel, inhuman or degrading treatment or punishment or even torture, even if not used indefinitely or for a prolonged period of time.

272. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the Government of Israel, by failing to protect the physical and psychological integrity of the children in question, exclude evidence obtained under torture or ill-treatment from proceedings against them, and take steps to put a stop to the alleged pattern of abuse on the part of Israeli Security Forces, has acted in discordance with article 15 of the CAT and violated, their right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.

(b )  JUA 12/06/2014 Case No. ISR 4/2014 State Reply: None to date Allegations concerning the arrest and detention of Mr. Ahmad Ishraq Rimawi.

273.  The Special Rapporteur regrets that the Government of Israel has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, and to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).

274. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above and thus, that the Government of Israel, by arbitrarily arresting and detaining Mr. Ahmad Ishraq Rimawi, has violated his right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.

(c)  JUA 20/06/2014 Case No. ISR 5/2014 State Reply: None to date Allegations concerning the draft amendment to the Prisons Act (preventing damages due to hunger strikes), to be presented for the second and third readings at the Knesset on 23 June 2014.

275. The Special Rapporteur regrets that the Government of Israel has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, and to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).

276.  In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above and thus, that the Government of Israel, by passing a bill that would provide for the force-feeding and medical treatment of prisoners against their will, would violate a prisoner’s right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.

(d )  JUA 14/07/2014 Case No. ISR 6/2014 State Reply: None to date Allegations of arbitrary arrest and detention of Ms. Shireen Issawi, Mr. Medhat Tarek Issawi and Mr. Samer Issawi.

277. The Special Rapporteur regrets that the Government of Israel has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, and to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).

278.  In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above and thus, that the Government of Israel, by arbitrarily arresting and detaining Ms. Shireen Issawi, Mr. Medhat Tarek Issawi and Mr. Samer Issawi, has violated these prisoners’ right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.

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