Torture in the israeli prisons
By Lina TABBAL
Mr. President,
In
April 1979, during an interview by “Maareef” Israeli newspaper with
Moushi Dayan , the minister of defense at that time, he summarized the
Israeli strategy towards the Arab detainees in the Israeli prisons by the
following:
“We will make of
these detainees parasites in their societies, and we will not release them
until they become like mummies, empty and full of holes from inside like
Swiss cheese.”
And
today it is so evident that this strategy is not only still existing but
also a development of its methods is being performed. Although Israel has
signed the torture opposition agreement on 3\10\1991, Israel still refuses
to apply this agreement and execute its regulations, but to the contrary,
all Israeli procedures towards the Arab detainees include a coarse
violation of the conditions of this agreement and the human rights.
Mr. President,
In
1987 the Israeli government legally allowed the torture of Arab detainees
frankly after the appearance of an official investigation committee report
concerning this issue headed by the judge “Moushi Lando” .The
committee was named “Lando ‘ s committee”.
The
committee pointed in its report that torture must be allowed if necessary
in cased described as “set bombs”, meaning that when it is necessary
to get information from the detainee to prevent a wide - range disaster
like a bomb exploding in a building full of inhabitants! The committee
‘s report adds that the “Sheen-beet”, which is the Israeli general
security system, can resort to torture according to what the committee
described as moderate physical pressure.
In
1996, the Israeli Supreme Court certified the “Lando committee” report
repeating the “moderate physical pressure” technique. In 1999 the
Israeli Supreme Court decided that a lot of the technique used during
investigations are illegal, but it didn’t forbid torture in a decisive
way in all conditions.
The
court’s decision did not go far to forbid the torture and the
mistreatment totally as the international law implies, and this decision
has kept the door open for the torturers to get away from punishment under
the excuse of the condition of “ necessary defense “, which is stated
in the paragraph 34(11) of the Israeli penal code released in 1977.
In
an investigation by Jadoun Levi written in “Harits” newspaper, Levi
wrote:
“The
investigation with Arab detainees was not performed because there was a
set bomb that the Israeli government should conclude the time of its
explosion, but the whole issue was a routine, the routine of the
“Sheen-beet” system.”
Mr. President,
Israel
violates the third and fourth Geneva conventions, especially most of the
paragraphs of the ninth chapter of the fourth convention concerning the
disciplinary penalties, and Israel by these penalties is violating the
paragraphs 118,119,120, and 125 of this chapter in a conspicuous manner.
For example, Israel resorts for group penalties as a result of an
individual penalty committed by one of the detainees.
These
group penalties are considered as a sort of torture practiced by the
“Sheen-beet” system towards the Arab detainees.
Mr. President,
Moreover,
Israel depends on torture “by doctors” as indicated by an
investigation performed by “Mikhal Seelaa” in 1993 for “Dafar”, an
Israeli newspaper. Seelaa mentioned the medical qualification model, which
is a model issued by the investigation section of the “Sheen-beet”
existing in every prison. This model asks for the admission of the doctor
that the person being checked is qualified for standing and enduring the
following methods:
-To be in an
isolated room.
-To be shackled
by iron cuffs.
-To have a bag on
his head and eyes.
-To stand for long
continuous time.
There
is no doubt that the pressure methods mentioned in this model can be
considered a legal and accepted list, but this model does not inflict any
restrictions on the use of these methods because restrictions can draw a
border between “moderate pressure” and “torture”. All the
investigation centers related to the “Sheen-beet” contain doctors that
are in duty for 24 hours a day, so there are doctors that offer their
approval to torture operations by checking the prisoners before bringing
them into torture and in some cases during and after torture and sign a
declaration that shows how tough the investigation that a detainee can
bare.
Mr. President,
The
doctors that participate in these operations violate Abocrat ‘ s oath
and other moral rules that forbid doctors to participate in torture.
Dr.Afi Rabs,a psychological doctor who was asked to present a humiliating
opinion to the Israeli supreme court about 14 Palestinian prisoners, said
that he checked them all and found that there were all exposed to torture,
and they were investigated for committing trivial crimes like throwing
stones or burning tires. Moreover, none of them was pointed as a “set
bomb”.
The
testimony that Rabs collected is horrible where one of the detainees said:
“I
was shackled in iron cuffs that entered my flesh, and a bag was put on my
head as a certain music roared in my ears and almost deafened me. They
used to beat me up and kick me, and my body was full of wounds and
bruises. After that I was sent to doctor who asked me if I was tortured,
and I said yes, but he didn’t reply or say something. Then I was taken
back and tortured again.
Dr.Iran Dolyev, the president of the profession moralities ‘ committee in
the Israeli doctors ‘ association, justifies all this by stating that:
“The
existence of a doctor in “Sheen-beet” centers does not mean that he
does not participate in torture. We are not living in the “perfect
world”. We are living in Israel, and these procedures are necessary to
the Israeli government.”
Dr.Dolyev that speaking with the heads of the security institution is
beneficial:
“I
know the suitable persons, and I can speak with them. This is beneficial.
Who do you think was behind the demands for the most comfortable cuffs and
the most aerated bags?”
Mr. President,
Here
lies the problem. In the instant that the doctors comment on the
determination of the torture method, they become involved in the torture
operation even if their aim is to lessen the inhumanity of this torture.
The role of the doctor is to oppose to torture and not to help the
“Sheen-beet” find softer torture methods.
Mr. President,
Tens
of thousands of Arab detainees have passed the Israeli investigation
wheels since the issuance of the Israeli supreme court decision in 1999,
and they, along with their families, still hold the torture‘s wounds on
their bodies and souls until now. The crime is still occurring crying for
your justice.
Finally,
the principles of the international law guarantee the right to follow and
punish those responsible for the violations that the Arab people have
suffered in the Palestinian, Lebanese, Syrian or Egyptian territories or
inside what is called the Israeli territory since 1948 and until now.
That is why we
demand:
1-to build
temporary international criminal courts to follow and punish all the
Israeli leaders for the crimes they have committed against humanity and
all their war crimes.
2-to force the
Israeli government to pay indemnification for all the detainees and all
the harmed its tyrant policy.
3-to release a
decision that forbids the group punishments as a type of torture.
Thank
you
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