Since its inception in 1979, al-Haq has been concerned with the problem of torture in Israeli interrogation centres. This study represents the culmination of many years of al-Haq's efforts aimed at achieving a cessation of this practice, and at alerting the international community to the prevalence of this systematic, widespread and gross violation of Palestinian human rights. Torture for Security is the most recent of many studies and reports undertaken by al-Haq and other human rights organisations.

When documentation for this study was first initiated in 1990-91, the Intifada was in full momentum and no signs of any change in the political environment were on the horizon. Since then, significant moves towards a peaceful settlement of the Palestinian-Israeli conflict have been undertaken, specifically, the signing of the Declaration of Principles on Self-Government Arrangement for Palestinians in Oslo on 13 September 1993 and consequent implementing agreements. In May of 1994, a Palestinian National Authority was accordingly established in Jericho and the Gaza Strip.

There was of course some hope that these recent political developments many end the practice of torture. Al-Haq is aware, however, that unless the systematic nature of torture, as explicated in this report, is addressed, torture in Israeli detention will continue. To date, these fundamental political developments have not altered Israeli practices in the West Bank. None of the interrogation rules and procedures explained and criticized in this report has been amended. While a number of Palestinian political prisoners have been released pursuant to agreements made, new arrests are taking place every day.

In fact, not only have interrogation techniques used by Israeli interrogators and allowed by the Landau Commission (discussed thoroughly in this report) not been ameliorated, but more abusive methods going beyond the definition of "moderate physical and psychological pressure" are being implemented, decided at the highest levels of the Israeli government. In the aftermath of the bombing death of 22 Israeli citizens in Tel Aviv, and the kidnapping of Nachson Wachsmann, Prime Minister Yitzhak Rabin suggested on 19 October 1994 that harsher methods of interrogation need to be legislated for. The following day, Israeli Minister of Justice David Liba'i made a statement to the effect that interrogation guidelines need not be amended, as they already included exceptions to allow investigators to handle "ticking-time-bomb" cases. On 13 November, Mr. Liba'i announced that as regards investigations and interrogation, a decision was made "to help strengthen the forces to fight the wave terror of Hamas and Islamic Jihad." That decision was confirmed and extended by the Ministerial Committee on Shabak Affairs, headed by Prime Minister Rabin, on 23 January 1995 in the aftermath of the Beit Lid bombing that killed 19 Israeli soldiers and civilians. The outcome of such decisions is bound to be more severe torture of Palestinian detainees.

On 24 April 1994, the Committee Against Torture considered Israel's first report, presented to the Committee in accordance with Israel's commitment as a Party signatory to the Convention Against Torture and Other Cruel, Inhuman or degrading Treatment or Punishment (CAT). Al-Haq also presented a detailed analysis of Israel's report to the CAT Committee as an NGO, based on the extensive documentation contained in this publication. Amnesty International also intervened with the Committee. After deliberation, the Committee determined that the doctrines of "necessity" and "superior orders" contained in Israeli law are in clear breach of CAT; that the use of "moderate physical pressure," as recommended by the Landau commission, being a legal method of torture under domestic law, is unacceptable. The Committee's recommendations were consistent with al-Haq's long-held position that there should be an immediate cessation of practices which are in violation of CAT; that interrogation guidelines contained in the secret annexes to the Landau Commission Report should be published in full; that all provisions of CAT should be incorporated into Israeli law; and finally, that all victims of torture should have the right to compensation.

Clearly, more follow-up documentation will need to be conducted to ascertain the trends and any new patterns in Israeli interrogation procedures. Thus, in al-Haq's view, despite the momentous political developments and perhaps because of these developments, this study on Israeli torture practices promises only to the most recent rather than the last. Despite the fact that it is based on records at least three years old, it continues to be timely and necessary. In the quest for long-lasting peace, justice must be perceived to have been achieved. That justice can only be predicated on a truthful account of past abuses. The major documentation effort contained in this study remains an important historical record and a contribution, albeit partial, to that account.

Moreover, the analysis of the systematic nature of Israeli torture techniques provides a curious case study of premeditated governmental circumvention of the absolute prohibition of torture in international treaty and customary law. A thorough understanding of existing rules and methods of torture in Israeli interrogation facilities will also help to accurately define any changes or forewarning to the Palestinian authorities themselves of the pitfalls and dangers of legitimizing fundamentally illegal practices.

Most importantly, the need and timelines of this study will never be lost to the victims of torture themselves. It is testimony to that fact that their suffering has been seen, understood and protested. This, in our view, is no small achievement.

Preface
Introduction

1. The Scope of the Report, Sources and Methodology

Summary of Conclusions

Chapter 1: The Absolute Prohibition Against Torture and Ill-Treatment

1. Local Law
2. International Humanitarian Law
3. Human Rights Laws and Instruments
4. General Principles of International Law
5. Summary

Chapter 2: Torture and Ill-Treatment: Definition and Case Law

1. Definitions
2. Physical Brutality
3. Methods of Sensory Deprivation
4. Forms of Psychological Torture
5. Summary

Chapter 3: Background: Torture Before the Intifada

Summary

Chapter 4: Israeli Laws and Policies: The Security Rationale

1. The Landau Commission Report
2. 'Security' Legislation: Arrest, Detention and Admission of Evidence
3. 'Security' Offences
4. Summary

Chapter 5: Survey on Torture and Ill-Treatment

Selected Findings

1. Analysis of Case Pool

One) Place of Residence
Two) Age
Three) Place of Detention
Four) Type of Detention

2. Summary

Chapter 6: Torture or Ill-Treatment in the Initial Period of Detention

1. Illegal Treatment for Purposes of Intimidation and Punishment
2. Illegal Treatment Resulting in Serious Injury
3. Other Forms of Physical Cruelty and Degrading Treatment
4. Case Study: Tulkarem Military Compound
5. Position Abuse and Food and Sleep Deprivation as a Punitive Measure
6. Illegal Treatment to Intimidate or 'Soften-Up' the Detainee Immediately Prior to Interrogation
7. Summary

Chapter 7: Torture and Ill-Treatment Under Interrogation

1. Interrogators and Interrogation Sites

One) Prisons
Two) Military Detention Centres
Three) Police Jails and Police Stations
Four) Temporary Holding Facilities

2. Interrogation Techniques

3. Standard Variation of Specific Interrogation Techniques

One) Beating and Other Forms of Physical Brutality
Two) Shabeh
Three) Hooding
Four) Asphyxiation
Five) Psychological Coercion

4. Installations and Equipment

One) 'Closets' and 'Refrigerator' Cells
Two) Other Fixtures and Equipment

Endnotes