AI: Fear of the legalization of torture in “Israel”…(1)
In October 1999, a bill was introduced into “Israelis” parliament (the Knesset), which would allow the General Security Service (GSS) to torture or ill-treat detainees during interrogation. If the bill, which was signed by over 40 of 120 Knesset members, passes, “Israel” would be in breach of the object and purpose of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which it ratified in 1991. It would also be in breach of various other international treaties, such as the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child.

The bill - draft Criminal Procedure (Powers and Special Interrogation Methods for Security Offences) Law - would authorize GSS interrogators to use "special interrogation methods", including "physical pressure on ... [the] body" where there was a reasonable suspicion that a person had information which, if immediately revealed, could prevent danger to human life or state security.

Until September 1999, “Israel” was the only state in the world in which torture or ill-treatment was officially sanctioned. For years the GSS systematically tortured thousands of Palestinian "security" detainees during interrogation. In 1997 and 1998 the UN Committee against Torture declared that various GSS interrogation methods constituted torture and contravened “Israelis” obligations under the Convention against Torture.

In September, “Israelis” High Court ruled that the systematic use of various interrogation techniques by GSS interrogators was illegal. The techniques, which were used in combination, included: violent shaking; shabeh, where detainees are shackled to low sloping chairs in contorted positions for extended periods and forced to listen to loud music; gambaz, where detainees are forced to crouch for extended periods; excessive tightening of handcuffs; and sleep deprivation. The court did not rule out the ad hoc use of such methods in extreme circumstances. Following the High Court decision, the GSS reportedly ceased using these techniques. If passed the bill would nullify the High Court decision.

The Convention against Torture requires “Israel” to legislate to prevent acts of torture. In an attempt to do this a bill - the draft Penal Code (Amendment - Prohibition of Torture) Law was submitted to the Knesset in October which would make the infliction of torture, as defined in the Convention, a criminal offence.

RECOMMENDED ACTION:
- emphasising to the Knesset members that the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment requires “Israel” to "take effective legislative, administrative, judicial or other measures to prevent acts of torture";

- stating that, the Convention against Torture states that "no exceptional circumstances whatsoever ... may be invoked as a justification of torture";

- expressing grave concern that the draft Criminal Procedure (Powers and Special Interrogation Methods for Security Offences) Law, proposes to authorize the GSS to use torture or ill-treatment in breach of “Israelis” obligations under international law;

- expressing concern that this law attempts to reverse the High Court's September 1999 ruling that the GSS' use of certain interrogation methods constituting torture or ill-treatment is illegal;

 - urging the Knesset members to vote against it.

 - urging them to vote instead for the draft Penal Code (Amendment - Prohibition of Torture) Law and to encourage other Knesset members to do likewise.

- urging them to do everything in their power to ensure the Knesset incorporates the provisions of the Convention against Torture into “Israeli” law, as recommended by the UN Committee against Torture in 1997 and 1998 and to encourage other Knesset members to do likewise.