Amnesty International Oral Statement to the UN Commission on Human Rights concerning Israel and the Occupied Territories

Delivered: 28 March 2000

AI Index: MDE 15/13/00

Item 8

Chairperson,

Amnesty International welcomes the Israeli High Court's ruling in September 1999 that some interrogation methods used by the   General Security Service (GSS) are unlawful. The (United Nations') Committee against Torture concluded in 1997 and 1998 that such methods constituted torture.

Before the ruling torture was effectively legalised in Israel and the Occupied Territories as the use of "physical pressure" was authorized by a Sub Committee of Israeli Ministers and sanctioned in several High Court rulings . The GSS interrogated thousands of Palestinians using such techniques as violent shaking; shabeh, where detainees were shackled to low sloping chairs in contorted positions for extended periods and forced to listen to loud music; gambaz, where detainees were forced to crouch for extended periods; excessive tightening of handcuffs; and sleep deprivation.

Following the High Court decision, the GSS ceased systematic use of these interrogation techniques although cases of torture or ill-treatment of detainees continue to be reported. Amnesty International remains concerned that the ruling permits GSS interrogators to continue using banned interrogation techniques in exceptional circumstances through reliance on the defence of necessity. Such an interpretation of the ruling would clearly be in violation of the Convention against Torture which states that "no exceptional circumstances whatsoever may be invoked as a justification of torture."

Last October, a private member's bill was introduced into the Knesset (Israel's parliament) to allow the GSS to use "special methods", described in the draft law as "physical force on his body" which may be interpreted to allow the use of torture. Over 40 Knesset members supported the bill. If this legislation were to pass, Israel would be in violation of the Convention against Torture.

This month Prime Minister Ehud Barak announced in the Knesset that a governmental committee would examine legislation on GSS interrogations. He expressed personal support for legislation exempting the GSS from criminal liability for using "physical pressure" in certain circumstances.

Chairperson,

In occupied south Lebanon, torture of Lebanese nationals at Khiam Detention Centre continues to be widespread. Under international humanitarian law, Israel as the occupying power is responsible for Khiam Detention Centre and cannot claim that the South Lebanon Army (SLA) is exclusively responsible for administering the detention facility. Amnesty International believes that about 150 male and female prisoners continue to be held without charge or trial. Former detainees have described torture and ill-treatment involving beating, whipping, application of electric shocks and dousing with hot and cold water. In 1999 the Israeli government admitted that the GSS maintained regular contact with SLA interrogators at the detention centre and provided training for them. The government acknowledged it had been paying the salaries of SLA members employed at the detention centre but stated its intention to stop such payments.

Amnesty International calls upon the Israeli government to:

1. abimplement its obligations under the Convention against Torture and to immediately end the use of torture or ill-treatment in all areas under its jurisdiction; and

2. aboppose the private member's bill and introduce immediately into the Knesset legislation which fully incorporates the provisions of the Convention against Torture, as recommended by the Committee against Torture in 1994, 1997 and 1998.