- The UN Convention against Torture defines the practice
as:
-
- "any act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a person for such purposes
as obtaining from him or a third person information or a confession, punishing
him for an act he or a third person has committed or is suspected of having
committed, or intimidating or coercing him or a third person, or for any
reason based on discrimination of any kind, when such pain and suffering
is inflicted by or at the instigation of or with the consent or acquiescence
of a public official or other person acting in an official capacity...."
-
- The US and Israel are the only two modern states that
legally sanction torture. An earlier article covered America. This one
deals with the Jewish state, but let there be no doubt:
-
- Although its language in part is vague, contradictory
and protects abusive practices, Section 277 of Israel's 1977 Penal Law
prohibits torture by providing criminal sanctions against its use. It specifically
states in language similar to the UN Convention against Torture:
-
- "A public servant who does one of the following
is liable to imprisonment for three years: (1) uses or directs the use
of force or violence against a person for the purpose of extorting from
him or from anyone in whom he is interested a confession of an offense
or information relating to an offense; (2) threatens any person, or directs
any person to be threatened, with injury to his person or property or to
the person or property of anyone in whom he is interested for the purpose
of extorting from him a confession of an offense or any information relating
to an offense." However, Israel clearly discriminates against Palestinians,
(including Israeli Arab citizens), denies them rights afforded only to
Jews, and gets legal cover for it by its courts. More on that below.
-
- Nonetheless, the Jewish state is a signatory to the 1984
UN Convention against Torture and other international laws banning the
practice. It's thus accountable for any violations under them to all its
citizens and persons it controls in the Occupied Territories.
-
- US statutes leave no ambiguity on torture. Neither do
international laws like The (1949) Third Geneva Convention's Article 13
(on the Treatment of Prisoners of War). It states:
-
- They "must at all times be humanely treated. Any
unlawful act or omission by the Detaining Power causing death or seriously
endangering the health of a prisoner of war in its custody is prohibited....(these
persons) must at all times be protected, particularly against acts of violence
or intimidation...."
-
- Third Geneva's Article 17 states:
-
- "No physical or mental torture, nor any other form
of coercion, may be inflicted on prisoners of war" for any reasons
whatsoever.
-
- Third Geneva's Article 87 states:
-
- "Collective punishment for individual acts, corporal
punishments, imprisonment in premises without daylight and, in general,
any form of torture or cruelty, are forbidden.
-
- The (1949) Fourth Geneva Convention's Article 27 (on
the treatment of Civilian Persons in Time of War) states:
-
- Protected persons "shall at all times be humanely
treated, and shall be protected especially against all acts of violence
or threats thereof...."
-
- Fourth Geneva's Articles 31 and 32 state:
-
- "No physical or moral coercion shall be exercised
against protected persons."
-
- "This prohibition applies to....torture (and) to
any other measures of brutality whether applied by civilian or military
agents."
-
- Fourth Geneva's Article 147 calls "willful killing,
torture or inhuman treatment....grave breaches" under the Convention
and are considered "war crimes."
-
- All four Geneva Conventions have a Common Article Three
requiring all non-combatants, including "members of armed forces who
laid down their arms," to be treated humanely at all times.
-
- The (1966) International Covenant on Civil and Political
Rights Article 7 states:
-
- "No one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment."
-
- Its Article 10 states:
-
- " All persons deprived of their liberty shall be
treated with humanity...."
-
- The (1984) UN Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment is explicit in all its provisions.
It prohibits torture and degrading treatment of all kinds against anyone
for any purpose without exception.
-
- Various other international laws affirm the same thing,
including the UN Charter with respect to human rights, 1945 Nuremberg
Charter on crimes of war and against humanity, the (1948) Universal Declaration
of Human Rights, the (1988) UN Body of Principles for the Protection of
All Persons under Any form of Detention or Imprisonment, the UN (1955)
Standard Minimum Rules for the Treatment of Prisoners, and (1990) UN Convention
on the Rights of the Child. So does Article 5 of the International Criminal
Court's (ICC) Rome Statute with regard to crimes of war and against humanity.
Torture is such a crime - the gravest of all after genocide.
-
- Israeli Torture Violates International Law
-
- From inception to today, and especially since its 1967
occupation, Israel's military and security forces have willfully, systematically
and illegally practiced torture - as official state policy against Palestinian
detainees called "terrorists." Yet Israel always denies it, and
its 1977 Penal Law prohibits it.
-
- In 1987, the Landau Judicial Commission addressed the
practice after two among many revelations became public:
-
- -- defense minister Moshe Dayan's 1979 statement to Israel's
Maareef daily regarding Arab prison detainees: "We will make of these
detainees parasites in their societies, and we will not release them until
they become like mummies, empty and full of holes from inside like Swiss
cheese;" and
-
- -- the 1980s torture scandals tarnishing Shin Bet's reputation
as a respected internal security agency.
-
- The Landau Commission condemned the practice but approved
the Penal Law's "necessary defense" provision (in violation of
international law) and sanctioned "psychological and moderate physical
pressure" to obtain evidence for convictions in criminal proceedings.
It said coercive interrogation tactics were necessary against "hostile
(threats or acts of) terrorist activity" and all expressions of Palestinian
nationalism.
-
- Israel's High Court of Justice (HCJ) legitimized coercive
interrogations in three 1996 cases - by plaintiffs Bilbeisi, Hamdan and
Mubarak for interim injunctions against abusive General Security Service
(GSS - now the Israeli Security Agency or ISA) practices. Ones cited included
violent shaking, painful shackling, hooding, playing deafeningly loud music,
sleep deprivation, and lengthy detainments. After due consideration, the
HCJ ruled painful shackling illegal, but not the other practices.
-
- Israel claims it never uses torture and complies with
international laws and norms. International law experts, the UN Committee
Against Torture, and sources like B'Tselem, United Against Torture (UAT),
and the Public Committee against Torture in Israel (PCATI) disagree.
-
- So does Dr. Afi Rabs in testimony to Israel's High Court
on 14 Palestinian prisoners. They were all detained for trivial offenses
like stone-throwing and tire-burning and weren't "ticking bombs."
Yet they all were tortured as one detainee explained:
-
- "I was shackled in iron cuffs that entered my flesh,
and a bag was put on my head as a certain music roared in my ears and almost
deafened me. They used to beat me up and kick me, and my body was full
of wounds and bruises. After that I was sent to a doctor who asked me if
I was tortured, and I said yes, but he didn't reply or say something. Then
I was taken back and tortured again."
-
- PCATI petitioned the HCJ, and it responded with a landmark
September 1999 ruling. It reversed the Landau Commission's recommendations,
barred the use of torture against detainees, but left a giant loophole.
It ruled that pressure and a measure of discomfort are legitimate interrogation
side-effects provided they're not used to break a detainee's spirit. But
it sanctioned physical force in "ticking time bomb" cases in
direct violation of international laws allowing no exceptions under any
circumstances. Moreover, Israeli security forces routinely claim detainees
are security threats enough to justify its interrogation practices.
-
- In November 2001, the UN Office of the High Commissioner
for Human Rights disagreed. It issued "Conclusions and Recommendations
of the Committee against Torture" and addressed the 1999 HCJ ruling
in the case of the Public Committee against Torture in Israel v. the State
of Israel. It held that: "the use of certain interrogation methods
by the Israel Security Agency (ISA) involving the use of 'moderate physical
pressure' was illegal as it violated constitutional protection of the individual's
right of dignity....While recognizing the right of Israel to protect its
citizens from violence, it reiterates that no exceptional circumstances
may be invoked as justification of torture" or abusive interrogation
practices.
-
- Since its 1967 occupation, the Palestinian peace and
justice group MIFTA estimates that over 650,000 Palestinians have been
imprisoned - or the equivalent of about one-sixth of today's Occupied Palestinian
population. Currently, Israeli security forces hold around 10 - 12,000
Palestinian men, women and children detainees under deplorable conditions
and many administratively without charge. According to human rights organizations
like B'Tselem, Hamoked, UAT and PCATI, up to 85% are subjected to torture
and abusive treatment.
-
- PCATI's June 2008 Torture Report
-
- PCATI is a 1990-founded "independent human rights
organization" that monitors and decries "the use of torture in
(Israeli) interrogations (and works for its) complete prohibition."
It also provides legal counsel, aids victims, and helps lawyers representing
them.
-
- Its June 2008 report is titled "No Defense: Soldier
Violence against Palestinian Detainees." It begins with a question
asked Brig. General Yossi Bachar (former commander of Israel's Paratrooper
Brigade) at the trial of one of his soldiers accused of abusing a Palestinian
detainee: "How common is the phenomenon of beating shackled Palestinian
prisoners?"
-
- His answer: " Unfortunately I want to admit something
that we are not fully aware of. These cases are not all that exceptional
in their quantity....to my great regret. Many of them are not the subject
of any complaint and are cloaked in various kinds of conspiracies of silence,"
only revealed years later and "usually only through anonymous statements...."
-
- PCATI and other human rights organizations break the
silence publicly:
-
- -- "to describe the scope and frequency of (torture);"
-
- -- its "moral, legal, and practical gravity; --
to publicize (it); -- to examine how (those responsible) address (it);
-- to clarify (its) absolute prohibition under Israeli and international
law; and
-
- -- to demand" its prohibition "by providing
the relevant bodies with useful information and tools."
-
- PCATI based its report on 90 testimonies: from Palestinian
detainees and soldiers who arrested them. Also from published media information
and comments from Israeli military and political figures. It covers the
period June 2006 through October 2007 and is symptomatic of a broader phenomenon,
largely unrevealed because most abused Palestinians "refrain from
submitting complaints." As a result, PCATI's cases reflect the tip
of the iceberg that's been "particularly severe over the past eight
years" since the outbreak of the second Intifada in September 2000.
From then until now, PCATI describes a pattern of abuse that begins from
the moment of arrest.
-
- It's done by force in violation of the prohibition of
the practice and the responsibility of soldiers to guarantee detainees'
(in their custody) safety, dignity and physical integrity. Instead they
expose them to "ill treatment and humiliation" - on arrest and
immediately thereafter, in transit, and at military bases and installations
pending transfer to detention facilities.
-
- Abuse Begins at the Start
-
- Most often, soldiers beat Palestinians during and right
after painfully shackling them. Plastic handcuffs are used that can only
be tightened, not released or loosened, and subjects are kept that way
(generally for hours) long enough to cause permanent injury.
-
- In response to PCATI requests, the IDF Spokesperson provided
no regulations, procedures or orders regarding use of plastic handcuffs.
However, Chief Military Police Officer Order No. 9810 discusses shackling
in detention facilities and states: "only metal (devices) are to be
used, (and) the tightening of the shackles should be undertaken....to prevent
injury to the detainee (particularly to blood vessels)."
-
- Violence and threats are also common from the start.
Besides painful shackling, subjects describe being blindfolded, threatened
with weapons and death, accused of harboring suicide attackers, shouted
at, beaten, kicked, punched in the face, and in at least one instance told
his house would be destroyed and burned. Complaining did no good. It incited
more abuse.
-
- Treatment During Transport - From Place of Arrest to
Detention Facilities
-
- This is stage two of abuse and humiliation - inside military
vehicles. Subjects are made to sit or lie on their floors and at times
are thrown on them. They're bare, hot, and when soldiers step on detainees'
heads or bodies (a frequent practice) abrasions and injuries result. PCATI
again found no orders or procedures regulating transport, so detainees
are subjected to the whims of their captors while on site commanders look
the other way.
-
- Treatment in Temporary Army Base Detention
-
- Here, too, abusive practices continue the way one detainee
described: "I was put in a small room and they beat my legs. They
put me on the floor. Then I felt one of the soldiers take something from
the floor and beat me on my head and shoulders....Then they took me out
into a concrete yard and tied my handcuffs to a concrete pole and made
me sit on the ground and they beat me. Every hour or half hour they would
beat me on the face." Lack of oversight and procedures invite ill
treatment, and soldiers take full advantage. It's painful, protracted and
humiliating - sometimes so extreme that subjects lose consciousness or
require hospitalization.
-
- Sting dogs are also used and trained for one of five
purposes: "assault, identification of explosives, scouting, weapons
and ammunition searches, or rescue and release." Mere contact with
dogs terrify and humiliate detainees who feel "dishonored whenever
(these animals are) close to" or touch them.
-
- Officially, sting dogs never attack "innocent persons,"
according to the IDF Spokesperson. But one soldier explained that they're
trained for assault and "seek humans (by) their scent." Another
sergeant confirmed that these dogs attack people, "more than once,"
because they're trained to do it:
-
- -- on indicators like gunshots or scent; no human order
is needed;
-
- -- they move at some distance from their handlers, alongside
soldiers not trained to control them; and
-
- -- they're trained to be highly aggressive and capable
of causing serious injury.
-
- A Sting unit commander confirmed that these dogs "neutralize
and attack hostile elements....seizes a subject and won't let go."
They present a serious and imminent danger to any designated target - in
some cases children identified as "wanted persons." Without oversight
and procedures, soldiers can easily abuse them with Sting dogs.
-
- Under Israeli law, minors are of special concern - defined
as persons under 18, or under Occupied Territory military orders, youths
under 16. Israeli law affords special protection to minors, yet, in practice,
it's solely for Jews.
-
- Nonetheless, Israel is a signatory to the 1989 Convention
on the Rights of the Child that's explicit and binding in its provisions:
-
- -- that "every human being" below 18 is a child;
-- that the state must ensure that their economic, social and cultural
rights, safety and welfare set forth in the Convention are protected "without
discrimination of any kind" with regard to "race, colour, sex,
language, religion, political or other opinion, national, ethnic or social
origin, property, disability, birth or other status," including their
"right to life....survival (and) development;"
-
- -- that all measures shall be taken to protect children
from physical and mental violence, exploitation or ill treatment; and
-
- -- that children deprived of liberty shall be treated
with humanity and not subjected to torture or other abusive or degrading
treatment, in accordance with international human rights and humanitarian
law.
-
- Nonetheless, clear evidence shows that soldiers exercise
no special caution in arresting and detaining minors. At times, they exploit
their weaknesses - beating, abusing and terrifying them for merely throwing
stones. PCATI characterizes this treatment as "just one link in a
chain" of abuse beginning with arrest - in violation of international
law and "accepted legal and moral standards in....Israel."
-
- A Yesh Din human rights report showed that Occupied Territory
Palestinian minors are prosecuted as adults under Israeli military law
since no military juvenile courts exist. Prosecutors and judges make no
distinction or reference to age nor did the IDF Spokesperson when asked
to clarify special orders or procedures regarding minors. As a result,
they're treated no differently than adults. No monitoring or procedures
are in place, so the "grave consequences of this action can be anticipated
in advance."
-
- PCATI describes abusive practices throughout the Occupied
Palestinian Territories (OPT) and "not confined to one or two military
units." Evidence obtained confirms a much broader phenomenon than
testimonies revealed, and other human rights organizations concur - a pervasive,
systematic practice going back "many years."
-
- Israel Radio military correspondent, Carmella Menashe,
discussed it in one broadcast:
-
- "How can it be that....these events keep repeating
themselves and....no one is bothered....And this is the morality of the
IDF; these are the most basic values to which soldiers should be educated
from the (start); it isn't (about) Palestinians....(it's) about normative
behavior, the most basic things....(how) a soldier in the IDF (can commit
such abusive acts); it (comes down to) some kind of disregard for the lives
of Palestinians" who simply don't matter to these soldiers.
-
- For their part, military officials don't recognize the
phenomenon and thus end up encouraging and reinforcing it. So do the Knesset,
courts and respective governing administrations.
-
- Treatment After Arrest
-
- Israeli military law contains the specific offense of
"ill treatment" that prohibits soldiers from abusing persons
in their custody. Those found guilty face up to three years in prison and
under "aggravating circumstances" up to seven years. In many
of the instances PCATI uncovered, abuse amounted to "torture."
-
- According to military law, "ill treatment"
may be committed by one soldier against another or against someone "in
custody for which the soldier is responsible" - characterized by denying
the person's liberty.
-
- A vast discrepancy of power exists between captive and
captor. It's exploited whenever soldiers use violence and abusive practices
against shackled, blindfolded and defenseless detainees denigrating their
human dignity. Also when they endanger their lives or health or deviate
from standard procedures.
-
- In nearly all cases examined, this, in fact, happened
as soldiers committed assault or assault in "aggravating circumstances."
These are military "ill treatment" offenses and civilian ones
under penal code articles 378 - 382. Other penal code offenses as well
such as injury, battery, forcible extortion, ill treatment of a minor,
and so forth. In all cases, soldier-committed violence against shackled
detainees is a "criminal phenomenon (subject to penalties) under an
entire system of offenses in Israeli criminal law."
-
-
- Even so, in the few cases where soldiers were prosecuted,
penalties imposed were minor compared to similar civil court convictions.
And rarely are commanders charged even when they order detainees harmed,
or they simply witness or know abuses occur but fail to intervene. At most
in these cases, higher-ranking officers go before a disciplinary hearing,
get charged with conduct unbecoming an officer, and receive suspended sentences.
Never do senior commanders answer for ill treatment charges against their
subordinates.
-
- Coercive Field Interrogations
-
- The Military Justice Code authorizes no operational need
to beat or ill treat detainees under arrest. But enforcement, in fact,
is lax and international law dismissed. It results in what PCATI discovered
in spite of military investigatory bodies responsible for interrogation
and prosecution. Three exist under the Military Justice Code:
-
- -- an examining officer;
-
- -- the Military Police Investigation Unit (MIU); and
-
- -- an investigative judge.
-
- In most cases, alleged offenses are examined by an examining
officer or investigative judge (in cases of death) before offenders are
prosecuted in a military court. Examining officers hear witnesses, examine
evidence, order suspect arrests, and recommend if prosecutions are justified.
In practice, investigations are inadequate so few cases, in fact, enter
the legal system and few offenders end up convicted.
-
- According to Knesset member Ophir Paz-Pines: Unaccountability
for abusing Palestinians is no "small problem - it is a big problem."
It was so bad during 2003 - 2005 that the Knesset Foreign Affairs and Defense
Committee's Preparedness and Routine Security Subcommittee described operational
debriefings as "out of control." Most complaints charged go unaddressed,
and most that are end up dismissed for "lack of evidence" or
because accused soldiers are believed over complainants.
-
- The result - almost no prosecutions or convictions. At
most around two a year throughout the Intifada period when abuses were
rampant and extreme. Furthermore, months go by before complaints are examined
during which time many accused complete their service, return to civilian
life, and end up free from prosecution or conviction.
-
- Military courts are supportive. They:
-
- -- abstain from most investigations; -- rely on non-professional
debriefing institutions with clear conflicts of interest and histories
of false reporting;
-
- -- manage their few investigations unprofessionally with
no regard for justice; so
-
- -- allow criminal abuse to go unpunished or barely so
while absolving perpetrators of their responsibility; even rare convictions
show leniency and send a powerful message: Palestinian rights don't matter
so act with impunity; an obvious concern is raised; Palestinians face enormous
obstacles getting justice in all Israeli courts; in military ones (against
their own soldiers) it's near impossible; solution: an international law
requiring:
-
- -- civilians to be tried in civil courts;
-
- -- soldiers as well when their victims are civilians;
and
-
- -- military courts for their own personnel solely in
cases of military offenses.
-
- Further, binding rules, procedures and guidelines must
be in place as well as proper training, supervision and monitoring to insure
that arrests, detentions and prosecutions are justly handled. Israel's
military relies solely on the "values (spirit and norms) of the IDF."
They're woefully inadequate, unresponsive to Arab rights, and always produce
injustice. PCATI puts it this way: "Given this reality, it is hardly
surprising that an examination of the actual behavior of the military,
as distinct from its declarations, also reveals denial, evasion, and obfuscation."
-
- Thousands of Palestinians are arrested, detained and
abused. With little or no accountability, here's how one Israeli soldier
put it: "When you deny thousands of people a day (free) movement,
it is impossible to do it in a nice way." Nonetheless, government
and military officials deny there's a problem. Examples of publicly exposed
abuse are called exceptions or errors in judgment that are "dealt
with exhaustively," according to the IDF Spokesperson. In fact, testimonies
and reports reveal a widespread phenomenon.
-
- Denial and cover-up assure its continuance, legitimization,
and destructive consequences. And guilt goes right to the top - to senior
Defense Ministry generals and Ministers of Defense. To Knesset members
as well and ruling party officials. A review of unclassified Knesset Foreign
Affairs and Defense Committee materials from 2003 - 2008 reveals no discussion
of Palestinian detainees ill treatment - in spite of "countless reports
in the media....by soldiers," and by human rights organizations like
PCATI, B'Tselem and others. The Committee "failed to fulfill its function
and obligation" to supervise the security establishment, identify
problems and propose solutions. As a consequence, human rights abuses continue
unabated.
-
- PCATI Recommendations for Change
-
- International law is clear. As an occupying power, Israel
is obligated to assure Palestinians' welfare, safety and rights:
-
- -- recognizing the existence of the problem comes first;
widespread ill treatment exists and must be addressed equitably;
-
- -- reporting, inspection and enforcement mechanisms must
be established to do it;
-
- -- military and security forces must take the lead -
through "tangible objectives for securing a drastic reduction in as
short a period of time as possible (toward) the ultimate goal of completely
eradicating this phenomenon;
-
- -- high level examination of the problem should be made
public, shared with commanders and soldiers, the media, and members of
the Knesset - to send a clear message that this behavior won't be tolerated;
-
- -- Defense Ministry orders, directives, procedures and
guidelines should be established:
-
- (1) to assign responsibility;
-
- (2) define its range;
-
- (3) how it's transfered;
-
- (4) the command and residual responsibility for abusers
to avoid the excuse that they can't be located;
-
- (5) identify weak spots where ill treatment occurs;
-
- (6) neutralize them by command presence or through a
controlled physical space;
-
- (7) allow no contact between dogs and detainees;
-
- (8) give special attention to the arrest and detention
of minors; and
-
- (9) define arrest, transfer and detention procedures;
the nature of an "imprisonment facility" as well as other defined
guidelines and allowed procedures and practices.
-
- In addition:
-
- -- everything must be in writing and available to every
soldier;
-
- -- they should be fully briefed and trained;
-
- -- no deviations should be tolerated;
-
- -- adequate resources should be available for arrests
through incarceration;
-
- -- all arrests should be documented in detail; -- training
and procedures must assure detainee well-being, absolutely prohibit ill
treatment, and require it be reported when observed;
-
- -- assure binding and meaningful monitoring and enforcement
of the rules; and
-
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