Israel launched an all-out offensive in Gaza after the October 7, 2023 Hamas attack
The UN Committee against Torture has issued its findings on Israel and three other nations - Albania, Argentina, and Bahrain - and raised concerns on each country's implementation of the Convention against torture and degrading treatment.
Here's your 10-point cheatsheet to this big story
- The committee began by unequivocally condemning the attack perpetrated by Hamas and other groups on October 7, 2023 against Israel. It also expressed its deep concern over the disproportionate nature of Israel's response to these attacks, which it said has resulted in a massive loss of life and profound suffering for the Palestinian people.
- "Material conditions across all places of deprivation of liberty in the State Party have severely deteriorated as a result of what appears to be, in the light of high-level statements made by the Minister of National Security and others, a deliberate State policy of collective punishment…" the committee said.
- The committee said it was deeply concerned about reports indicating a de facto state policy of organized and widespread torture and ill-treatment during the reporting period, which had gravely intensified since October 7, 2023. It also expressed concern that a range of policies adopted by Israel in the course of its continued "unlawful presence in the Occupied Palestinian Territory", if implemented in the manner alleged, would amount to cruel, inhuman or degrading living conditions for the Palestinian population.
- The committee asked Israel to establish an independent, impartial and effective ad hoc investigatory commission to review and investigate all allegations of torture and ill-treatment committed during the current armed conflict, prosecute those responsible, including superior officers, and ensure the immediate entry of necessary humanitarian aid and aid workers into Gaza.
- On Israel's legislation, the committee underscored its serious concern that Israel continues to lack a distinct offense criminalizing torture, and that its legislation allows public officials to be exempted from criminal culpability under the so-called "necessity" defence when unlawful physical pressure is applied during interrogations.
- The committee highlighted its concern that the use of undisclosed "special means" remains permitted as a method of coercion in interrogations. It urged Israel to enact a distinct criminal offence of torture that incorporates a definition consistent with the UN convention, to provide information on the exact nature of the "special means" employed, and to ensure that no exceptional circumstances are invoked to justify torture or ill-treatment.
- The committee said it expresses condolences to Israel for the reprehensible loss of life and indelible physical and emotional scars left on victims and members of their families resulting from the attack committed by Hamas and other militant groups aligned with it on October 7, 2023, which it condemns unequivocally, and recognizes the security threat that Israel continues to be confronted with.
- In its previous concluding observations, the committee had requested Israel to provide information on its implementation of the committee's recommendations on independent medical examinations of persons deprived of liberty, administrative detention, solitary confinement and other forms of isolation, and allegations of torture and ill-treatment. The= committee said it regrets that no action towards the implementation of these recommendations had been taken.
- The committee, however, noted the willingness of Israel to discuss questions relating to the "Occupied Palestinian Territory" and also notes its acknowledgement that the prohibition of torture and ill-treatment exists in legal frameworks that bind Israel and are applicable in the "Occupied Palestinian Territory", regardless of the convention.
- The committee took note of information provided by Israel indicating that torture is effectively criminalized through a combination of already existing offences in criminal law. The committee similarly took note of a number of domestic legislative initiatives during the reporting period, including the establishment of an inter-governmental taskforce, to introduce torture as a distinct criminal offence.
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