DCI/PS
P. O. Box 55201, Jerusalem
Main Office: Ramallah, Palestine
Tel: +(972 2) 240 7530
Fax: +(972 2) 240 7018
Email: dcipal@palnet.com
Website: www.dci-pal.org
It
has been known for fifteen years that Israel legalized what most
human-rights groups and United Nations expert bodies (including the Committee
Against Torture and the Human Rights Committee) consider to be torture.
Countless affidavits from victims and reports by monitoring groups, as well as
admissions of state officials, confirm the systematic and routine torture of
Palestinian interogees by Israeli state functionaries, including police and General
Security Services agents. During these fifteen years, Israel gained international
attention as being the only state which explicitly legalized torture. There has also
been some public debate of the issue within Israel, and the work of human rights
organizations helped force the issue into the courts on several occasions. Until
September 1999, however, every ruling re-established the legality of General
Security Services (GSS) agents' use of torture. The 1999 Israeli Supreme Court
decision to outlaw four methods that use Òphysical pressureÒ-Israel's euphemism
for tortureÑ during GSS interrogation of ÒsecurityÒ detainees was hailed by
human rights organizations and other observers as a huge success. The ruling
declared that Òthe GSS does not have the authority to ÔshakeÔ a man, hold
him in the ÔShabachÔ [shabeh] position...force him into a Ôfrog crouchÔ
position and deprive him of sleep in a manner other than that which is inherently
required by the interrogation.Ó
Despite the local and international praise for what many mistook to be a ruling which actually abolished torture in Israel, there were those who noted just how inadequate the judgment actually was. Among them was Hanny Megally, executive director of the Middle East and North Africa division of Human Rights Watch, who pointed out that the ruling does not definitively outlaw torture or ill-treatment in all circumstances. The Attorney General can decide not to prosecute, the court can rule the torture Ònecessary,Ó or the Knesset can pass legislation to make torture and ill-treatment legal. The ruling also leaves open the possibility that a GSS interrogator who tortured a prisoner could escape punishment by invoking the ÒnecessityÒ defense outlined in article 34(11) of the Penal Law (1977).
Despite international condemnation for the use of torture and the 1999 Israeli High Court ruling, Israeli interrogators continue to employ methods of torture in their interrogation of Palestinian detainees. With specific reference to Palestinian children, most children detained in Israeli jails have been subjected to at least one form of torture during or following their arrest. The most predominant kinds of torture experienced by Palestinian children are: beating, sleep deprivation, isolation, position abuse, verbal abuse, and tying of hands and blindfolding. Children detainees are frequently subjected to more than one of the above forms of torture during the period of their interrogation.
A breakdown of a sample of 90 of the 252 cases which the DCI/PS Legal Program handled in the year 2000 indicated that children detainees had been subject to the following forms of torture:
| A Sample of DCI/PS Cases Involving Torture in the Year 2000 | |
|---|---|
| Form of Torture | Number |
| Tying hands and blindfolding | 90 |
| Beating | 44 |
| Sleep Deprivation | 24 |
| Isolation | 24 |
| Position Abuse (Shabeh) | 20 |
Note 1: Israeli occupation authorities regularly pressure Palestinians to collaborate with Israeli security. In many cases these collaborators are used to attempt to extract confessions from Palestinian children.
Of the 52 cases of ex-prisoners that the DCI/PS Social Program dealt with in 2000, the following forms of abuse were noted:
| Method | Details | No. of Cases |
|---|---|---|
| Beating | From the moment of arrest until entering prison, children are subjected to beating all over the body, in particular the head and genitals. | 22 |
| Shaking | Vigorous body shaking by carrying the child and shaking him repeatedly. Children who undergo this experience usually lose consciousness. | 11 |
| Position Abuse (shabeh) | Tying of the hands and legs or both, placing the child on a chair or against the wall and forcing him to stand on his toes for extended periods of time. | 22 |
| Exposure to Humiliating and Degrading Situations | Demanding that the child curse God or his relatives; spitting on child prisoners, forcing the child to exert himself physically. | 22 |
| Cold and Hot Water | Depending on the whims of the interrogators, children are often doused with extremely hot and/or cold water during interrogation. The choice of hot or cold water is dependent on the season (i.e. in winter, cold water is used; in summer, hot water). | 15 |
| Shame Rooms | In order to extract more information or a confession, children are sent to the Òshame room,Ó typically a room which holds Palestinian collaborators. | 7 |
| Sleep Deprivation | During interrogation, in order to exert pressure on children and to break them psychologically, children are not allowed to sleep. | 14 |
| Threatening Language | Children are faced with threats of long prison terms, imprisonment of family members, demolition of family home, and/or the rape of female members of the family. | 19 |
| Deprivation from Food and Drink | In order to exhaust the prisoner and to exert psychological pressure on the detainee, children re deprived of food and drink. | 5 |
| Prevented from Using the Bathroom | Prisoners are not allowed to use the toilet and are forced to relieve themselves while fully clothed in the presence of others. | 3 |
| Deprivation of Family and Attorney Visits | Employed in order to exert psychological pressure on the child and to increase the detainees feeling of aloneness. | 24 |
| Isolation | Children are often placed for long periods of time (from 1-3 days), in isolation cells approximately 2m×2m in size, with no windows, and a toilet. Given the open toilet, the room is permeated with an overwhelming stench and, once inside, the child is unable to communicate with anyone else. | 7 |
| Pressuring Child Detainees to Collaborate with the Israeli Security Services | Often attempted through threatening the child with other punitive measures. | 13 |
| Forced Signing of Confessions | Numerous children are arrested on the basis of confessions signed by other children, in which case, the child is not taken to interrogation, especially if they are arrested with a large group of children. Frequently, children are forced to sign confessions printed in Hebrew, which the children do not understand, by placing their fingerprints on the paper. | 17 |
| Collective Interrogation | Process by which more than one interrogator participates in interrogating the child. | 3 |