Absolute Prohibition

Absolute Prohibition The Torture and Ill-treatment of Palestinian Detainees Joint ReportMay 2007 : Absolute Prohibition The Torture and Ill-treatment of Palestinian Detainees Joint Report May 2007


“Softening Up” of detainees prior to interrogation : The Main Questions Absolute Prohibition “Softening Up” of detainees prior to interrogation The ISA Interrogation System Routine Mechanisms of Control - Army, ISA “Ticking Bomb”


Sample: Palestinians arrested - July 2005-Jan 2006 : Sample: Palestinians arrested - July 2005-Jan 2006 Sample: 73 detainees 34 “Regular” Name Bank: List of family location queries (4,500) 39 “Senior” Guiding principle: No prior knowledge Methodology Absolute Prohibition


Slide4 : Methodology Absolute Prohibition


Absolute prohibition of torture and cruel, inhuman or degrading treatment (ill-treatment) : Absolute prohibition of torture and cruel, inhuman or degrading treatment (ill-treatment) Individual Criminal liability: States are not permitted to balance the prohibition against other rights or values Torturers and abusers may face prosecution in other countries. International Law The Legal Framework


ISA does not have legal authority to use "physical means" against interrogees. : ISA does not have legal authority to use "physical means" against interrogees. However, ISA agents who abused interrogees in "ticking bomb" situations may after the fact avoid prosecution. Pressure and a measure of discomfort are legitimate, only as a side-effect of the interrogation, not to break the interrogees' spirit. Implicit legitimization of these acts, contrary to international law HCJ Ruling - 1999 Absolute Prohibition


During arrest, in transit, in detention facilities : During arrest, in transit, in detention facilities 1. Beating 2. Painful Binding 3. Swearing and Humiliation 4. Denial of Basic Needs Security forces personnel Was this ill-treatment intended to "soften up" detainees for the ISA interrogations? Question not examined, however, this is the practical outcome. “Softening” of Detainees Report Findings


Under international law: ill-treatment, may reach the level of torture : Under international law: ill-treatment, may reach the level of torture “Softening” of Detainees Report Findings


Slide9 : 1. Isolation from the outside world – prohibition on meeting with attorneys or ICRC 2. Conditions of imprisonment as a means of psychological pressure – holding in solitary confinement and in putrid, stifling cells 3. Conditions of imprisonment as a means for weakening the body – preventing physical activity, sleep disturbance, inadequate food supply 4. Shackling in the "shabah" position – painful binding of the detainee's hands and feet to a chair 5. Cursing and humiliation – cursing, strip searches, shouting, spitting etc 6. Threats and intimidation – inc. threat of physical torture, arrest of family members, etc. 7. The use of informants, "'asafir" to extract information – method not harmful, as such, but efficacy depends on ill-treatment of detainees Employed against vast majority of witnesses. Combined exercise during interrogation period (35 days ave.) Under international law: ill-treatment, may reach the level of torture “Regular” Measures ISA Interrogation Regime


Slide10 : “Regular” Measures ISA Interrogation Regime


Slide11 : 1. Sleep deprivation for over 24 hours (15 cases) 2. Beating (17 cases) 3. Painful tightening of handcuffs, sometimes cutting off blood flow (5 cases) 4. Sudden pulling of the body causing pain in hand joints cuffed to chair (6 cases) 5. Sharp turning of head sideways or backwards (8 cases) 6. The “frog” crouch forcing detainees to crouch on tiptoes (3 cases) 7. The “banana” position – bending the back of the interrogee in an arch while he is seated on a backless chair (5 cases) Under international law: torture “Special” Measures ISA Interrogation Regime


Slide12 : “Special” Measures ISA Interrogation Regime


HCJ: Exemption from criminal liability, only in “ticking bomb” situations, as a spontaneous response by an individual interrogator to an unexpected occurrence. : HCJ: Exemption from criminal liability, only in “ticking bomb” situations, as a spontaneous response by an individual interrogator to an unexpected occurrence. In practice: “special” methods are preauthorized, used under preset regulations. “interrogation procedure was adopted in Ahmad’s case that was due to shelter under the shade of the necessity defense” FH (Jer.) 775/04 “authorization for the use of special means in interrogations may be given solely by the head of the ISA.” Ha’aretz, 10 November 2006. “Special” Measures ISA Interrogation Regime


Responsible for investigating complaints regarding ill-treatment by ISA interrogators : Responsible for investigating complaints regarding ill-treatment by ISA interrogators Number of complaints: over 500 Criminal investigations opened: 0 (zero) Decisions are based on the “Inspector of Complaints by ISA Interrogees,” who is an ISA agent. Even when found that ISA interrogators did indeed abuse an interrogee, File closed, based on a biased interpretation of the applicability of the "necessity defense" State Attorney's Office Cover up and Whitewash Mechanisms


Responsible for investigating complaints regarding ill-treatment by soldiers : Responsible for investigating complaints regarding ill-treatment by soldiers Most complaints are investigated, but most detainees do not complain Number of indictments: 8% Institutional failings: delays in instigation of investigations. Without proactive efforts on the part of the authorities, the chances of detainee complaints regarding injuries during arrest are low. JAG’s Office Cover up and Whitewash Mechanisms


HCJ serves as a rubber stamp on orders which regulate the isolation of the interrogees from the outside world (incommunicado detention). : HCJ serves as a rubber stamp on orders which regulate the isolation of the interrogees from the outside world (incommunicado detention). Number of petitions: Hundreds Petitions accepted: 0 (Zero) HCJ routinely allows ISA to conceal from detainees the very fact that an order against them has been issued as well as the legal proceedings taking place in their case, to increase psychological pressure. High Court of Justice Cover up and Whitewash Mechanisms


In criminal proceedings: Even if proven that confessions obtained through torture or other prohibited treatment, it is not automatically deemed inadmissible : In criminal proceedings: Even if proven that confessions obtained through torture or other prohibited treatment, it is not automatically deemed inadmissible The main question is if the evidence is credible In contravention of international law Admissability of Evidence Cover up and Whitewash Mechanisms


 An Immediate and complete halt to the use of all interrogation methods that injure the dignity or physical integrity of interrogees :  An Immediate and complete halt to the use of all interrogation methods that injure the dignity or physical integrity of interrogees  To initiate legislation strictly prohibiting torture and ill-treatment  Independent investigation of any complaint filed against ISA interrogators on account of ill-treatment during interrogations  To document ISA interrogations by means of video filming and to open ISA interrogation facilities to objective external review  To set Minimal humane conditions of incarceration  To abolish the military order permitting the ISA to prevent meetings between detainees and their attorneys  To bring to justice security forces personnel who abused Palestinian detainees Main Recommendations Absolute Prohibition