Israel, West Bank and Gaza
Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits torture, the application of physical or psychological pain, and assault or pressure by a public official. Israeli law exempts from prosecution ISA interrogators who use what are termed “exceptional methods” in cases that are determined by the ISA to involve an imminent threat, but the government determined in 2018 that the rules, procedures, and methods of interrogation were confidential for security reasons.
Authorities continued to state the ISA held detainees in isolation only in extreme cases and when there was no alternative option, and that the ISA did not use isolation as a means of augmenting interrogation, forcing a confession, or punishment. An independent Office of the Inspector for Complaints against ISA Interrogators in the Ministry of Justice handled complaints of misconduct and abuse in interrogations. The decision to open an investigation against an ISA employee is at the discretion of the attorney general.
In criminal cases investigated by police involving crimes with a maximum imprisonment for conviction of 10 years or more, regulations require recording the interrogations; however, an extended temporary law exempts the ISA from the audio and video recording requirement for interrogations of suspects related to “security offenses.” In non-security-related cases, ISA interrogation rooms are equipped with closed-circuit cameras, and only supervisors appointed by the Ministry of Justice have access to real-time audiovisual feeds. Supervisors are required to report to the comptroller any irregularities they observe during interrogations. The nongovernmental organization (NGO) Public Committee against Torture in Israel (PCATI) criticized this mechanism as insufficient to prevent and identify abuses, arguing that the absence of a recording of an interrogation impedes later accountability and judicial review.
According to PCATI, the government acknowledged that it used “exceptional measures” during interrogation in some cases, but the Ministry of Justice refused to provide information regarding the number of such “necessity interrogations.” These measures, according to PCATI, included beatings, forcing an individual to hold a stress position for long periods, threats of rape and physical harm, painful pressure from shackles or restraints applied to the forearms, sleep deprivation, and threats against families of detainees.
PCATI also argued that torture is not enumerated as a specific offense under the criminal code in Israel, despite the government’s statements to the relevant UN treaty bodies it would introduce such a law. According to PCATI, there was an uptick in the use of “special measures” on security detainees in 2019, with at least 15 persons subjected to what it considered physical torture during interrogations between August and November 2019. PCATI stated the government’s system for investigating allegations of mistreatment of detainees shows persistent and systematic shortcomings. According to PCATI, the average time it takes authorities to address complaints is more than 44 months. The Ministry of Justice stated that its internal reviews led to the opening of two investigations since 2018. PCATI claims that approximately 1,300 complaints of ISA torture were submitted to the Ministry of Justice since 2001, resulting in one criminal investigation and no indictments.
Israeli security forces arrested Samer al-Arbid, a Palestinian suspect in the August 2019 killing of Rina Shnerb, who was killed near the settlement of Dolev in the West Bank. Security forces placed al-Arbid in solitary confinement, and transferred him to an interrogation center in Jerusalem. Two days later he was admitted to a hospital unconscious and with serious injuries, including the inability to breathe, kidney failure, and broken ribs. According to PCATI, the ISA used “exceptional measures” in interrogating al-Arbid, who was subsequently released from the hospital into an Israeli Prison Service (IPS) medical facility, where his interrogation continued. The Ministry of Justice’s Inspector of Interrogee Complaints opened an investigation into the incident. The investigation was underway at year’s end.
The government stated that requests from prisoners for independent medical examination at the prisoner’s expense are reviewed by an IPS medical team. According to PCATI and Physicians for Human Rights Israel (PHRI), IPS medics and doctors ignored bruises and injuries resulting from violent arrests and interrogations. In its 2016 review of the country’s compliance with the UN Convention against Torture, the UN Committee against Torture recommended (among 50 other recommendations) that the government provide for independent medical examinations for all detainees.