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5.
The Committee notes with appreciation the decisions of the Supreme Court of Israel on
the case Yisacharov v The Head Military Prosecutor et. al., C.A. 5121/98, which calls for the
exclusion of a confession or evidence obtained unlawfully or in violation of a defendant’s right
to fair procedure; and the case Physicians for Human Rights et al. v. Minister of Public Security,
HCJ 4634/04, declaring that the State of Israel must provide a bed to every prisoner held in an
Israeli prison as a basic condition for living in dignity.
6.
The Committee also notes with appreciation the enactment of the Israel Security Agency
Law No. 5762-2002, regulating the mandate, scope and function of this institution and
regularizing its activities so that it is supervised by and reports to a Ministerial Committee and
other official bodies.
7.
The Committee welcomes the appointment of the Israel Prison Service as the authority in
charge of many Israeli detention facilities, some of which were formerly controlled by the
military and the police.
8.
Additionally, the Committee welcomes the State party’s affirmation that training
concerning the Convention and the prohibition of torture is conducted in courses for security,
police and military officials, including with regard to the Supreme Court’s 1999 ruling on the
prohibition on torture, affirming that “these prohibitions are ‘absolute’. There are no exceptions
to them and there is no room for balancing.”
9.
The Committee notes again, with appreciation, the way in which public debate ensues on
such sensitive matters as torture and ill-treatment of detainees, both in Israel and the occupied
Palestinian territories. It welcomes the State party’s cooperation with non-governmental
organizations that provide relevant reports and information to the Committee and encourages the
State party to further strengthen its cooperation with them with regard to the monitoring and
implementation of the provisions of the Convention. In this connection, the Committee also
notes with appreciation the prompt judicial review of persons under detention upon their petition
to the Supreme Court, and the role of non-governmental organizations in facilitating and lodging
such appeals.
C.
Factors and difficulties impeding the application of the Convention
10.
The Committee is fully aware of the situation of unrest prevailing in Israel and in the
occupied Palestinian territories. The Committee reiterates its recognition of the State party’s
legitimate security concerns and its duty to protect its citizens and all persons under its
jurisdiction or de facto control from violence. However, the Committee recalls the absolute
nature of the prohibition of torture contained in article 2, paragraph 2, of the Convention, stating
that “no exceptional circumstances whatsoever may be invoked as a justification of torture.”
11.
The Committee notes the State party’s continued argument that the Convention is not
applicable to the West Bank or the Gaza Strip and the claim that this position stems inter alia
from longstanding legal considerations that encompass the original drafting history of the
Convention as well as from changed practical developments since Israel’s last appearance before
the Committee, including the 2005 withdrawal of Israeli forces from the Gaza Strip, the
dismantling of its military government and its evacuation of over 8,500 civilians from Gaza. In
addition, the Committee notes the State party’s argument that the ‘law of armed conflict’ is the
lex specialis legal regime that takes precedence. However, the Committee recalls its general