Torture And Ill Treatment Of Detainees In Israel
A Variety Of Agencies In Israel – Chief Among Them The
GSS And The IDF – Shackle Detainees In Painful Ways That
Amount To Torture And Ill
Treatment
This is done in violation of
Israeli law, basic moral principles and international law,
including international human rights conventions signed by
Israel. The primary victims of this practice are Palestinian
‘security’ detainees.
The Public
Committee Against Torture in Israel (PCATI) released a major
report, based on 547 cases of arrest by soldiers and dozens
of interrogations by the GSS in the past year as well as
additional cases from previous years. The report reveals
that various security agencies in Israel, chief among them
the IDF and the GSS, shackle detainees in painful and
humiliating manners that in a number of instances rise to
the level of torture in violation of domestic law, High
Court of Justice judgments, international law and accepted
international standards of practice which allow for
restraining for the purposes of preventing a detainee from
escaping, or endangering himself or his surroundings. In
Israel detainees are painfully shackled as a matter of
practice. Painful shackling is done for invalid and
irrelevant reasons, which include causing pain and
suffering, punishment, intimidation, and illegally eliciting
information and confessions. The main victims of this
practice are Palestinian ‘security’ detainees yet the
culture of contempt for the dignity of detainees gravitates
inward towards Israeli society itself at times harming
detainees who belong to other groups. The report, entitled,
“Shackling as a Form of Torture and Abuse” was
written by PCATI Advocate Samah Elkhatib Ayoub.
The report is being published in advance of the UN International Day in Support of Torture Victims that is marked throughout the world on the 26th of June. PCATI will mark this day with a number of events and radio broadcasts, among them:
– Public Conference of
Noted Israel Prize Laureates at Beit Sokolov in Tel
Aviv. The event will be attended by Notable Israel Prize
Laureates, Shulamit Aloni, Prof. Ram Levi, Prof. Yehuda Judd
Ne'eman, Prof. Yonah Rosenfeld, Ruth Reznick and Prof. Alice
Shalvi. Report author, Adv. Samah Elkhatib Ayoub will
participate in the discussions The event will take place
from 20:00-22:00.
Executive Summary:
The
Report puts forward a long line of testimonies from
Palestinian detainees who were painfully shackled by
soldiers, GSS agents and at times prison guards. Many
detainees, the report reveals, suffer from painful shackling
at various stages during arrest, detention and interrogation
and even while being transferred for medical treatment.
Shackling by Soldiers:
The report's
findings disclose that soldiers tend to shackle detainees
hands in a painful and harmful manner which begins at the
time of arrest and lasts during their transfer to the
various interrogation facilities. Detainees are largely and
systematically shackled behind their backs in combination
with excessive tightening of the narrow plastic manacles,
causing pain and at times lasting injury. Some of the
detainees describe additional tightening of the plastic
restraints with the obvious goal to causing additional
suffering which is the usual answer to detainee's who
complain about the pain. In the past year alone PCATI
documented not less than 574 cases of painful shackling by
Israeli soldiers. These figures, which are surely only the
tip of the iceberg, testify to the extent of the phenomena.
The testimony of the detainees is supported by soldier
testimony provided by "Breaking the Silence, which appears
in the report.
Sample Excerpt:
- "I shouted that my
hands were hurting. One of the soldiers came up to me and
asked what was wrong and why I was shouting. I said that the
handcuffing was very painful. Then he took a look at my
hands. I thought he was going to unfasten the handcuffs but
instead he twisted the knot even more and tightened the
cuffing further." (Taken from the testimony of Yazan
Sawalha, a resident of Nabulus).
Shackling by
the GSS:
Following arrest, security
detainees are transferred to a GSS interrogation facility.
Although the facilities are highly secured and there is no
danger of escape, detainees are regularly shackled with
their hands behind their backs, around the back of the chair
upon which they are sitting. It is not uncommon for them to
be held in this position for hours at a time and even for
days on end. Often the detainee is left in this manner in a
locked interrogation room for hours at a time, even when he
is not being interrogated. Shackling of this sort, when the
body is contorted occasionally results in long-term damage.
This practice cannot be justified by the concerns for the
safety of the interrogators or prevention of escape attempts
offered by officials. The unacceptability of this claim is
further demonstrated in light of the fact that these
detainees – restrained in GSS interrogation chambers –
are brought before police interrogators so that they can
take their confession while the detainee is left
unrestrained. These facts leave no room for doubt: painful
shackling is designed to break the interrogee's spirit and
to illegally extract a confession or information from him,
in violation of Israel's obligations under the UN Convention
Against Torture and other international conventions and
instruments. In addition there are occasions when the GSS
interrogators will shackle the interrogee in an additional
pair of manacles that are fastened on the forearm or on the
upper arm and which the interrogators then pull on in a
manner that is clearly designed to cause intolerable pain.
The report also contains the story of an interrogee who was
restrained by his hands and feet to a cot for two
consecutive days without even being interrogated and denied
access to the lavatory, forcing him to relieve himself in
his clothes.
Sample Excerpt:
- "[One of the
interrogators] brought very narrow metal handcuffs,
tightened them on my arms above the elastic bandage, and
turned them strongly around the arm. I felt he was turning
the bone, as if the bone was separating from the flesh of my
arm. He did this separately to each arm, alternately –
first the right hand then the left… I shouted out loud
because it was very painful. And each time I shouted he
shouted louder in my ear, yelling in my right ear as he
turned the handcuffs on my right arm, and vice versa" (from
the testimony of Haytham Ibrahim Salhab, resident of East
Jerusalem who was interrogated in the Russian Compound –
Jerusalem).
Shackling During Medical Treatment:
The report points to improvements in practices and procedures concerning the shackling of detainees when they are brought for medical treatment – following actions taken by PCATI and Physicians for Human Rights – Israel. However, security detainees do not benefit from these improvements. Rather they continue to receive medical treatment in hospitals while they are shackled, uniformly with no consideration of the threat they may or may not present.
Recommendations:
The report
contains a number of detailed recommendations and among them
a call to cease the blanket shackling of detainees which
does not take their individual situation into
consideration.. In instances in which there is a
justification to shackle the detainee, the report says, it
must be done in such a manner that does not cause
pain and which is proportional to the need. PCATI calls for
the enforcement of the law and to bring to justice those who
violate the law, and their superiors, and to allow for
independent monitoring mechanisms in GSS interrogator
centers. Additionally there is a clear need to document via
video and audio the interrogations so that it will be
possible to supervise them and have information in inquiries
into complaints of painful shackling and other forms of
torture and ill treatment during
interrogation.
ENDS