CAT/C/ISR/CO/5
6.
The Committee further welcomes the initiatives of the State party to adopt policies
and administrative measures to give effect to the Convention, including:
(a)
The establishment in 2010 under government resolution 1796 of an
independent public commission mandated, inter alia, to assess whether the existing
mechanisms for investigating alleged violations of the laws of armed conflict meet the State
party’s obligations under international law (Turkel Commission);
(b)
The establishment in 2011 of a joint interministerial team, headed by the
Ministry of Justice Deputy Attorney General, to review and implement the concluding
observations of human rights treaty bodies;
(c)
The adoption in 2012 by the Israeli Prison Service of a formal procedure to
ensure a uniform and streamlined method for identifying signals raising suspicion of
possible trafficked persons and relaying such information to the police and legal aid
administration;
(d)
The appointment in 2012 by the Deputy Director General of the Ministry of
Health of a committee to examine medical staff reports of injuries sustained by detainees;
(e)
The transfer in 2013 of the role of the Inspector for Complaints against Israel
Security Agency interrogators from the Israel Security Agency to the Ministry of Justice;
(f)
The establishment in 2014 under government resolution 1143 of a team to
review and implement the recommendations contained in the second report of the Turkel
Commission.
C.
Principal subjects of concern and recommendations
Pending follow-up issues from the previous reporting cycle
7.
While noting with appreciation the information provided by the State party under the
follow-up procedure (CAT/C/ISR/CO/4/Add.1), the Committee regrets that the
recommendations identified for follow-up in its previous concluding observations
concerning basic safeguards for detainees, allegations of torture and ill-treatment by Israeli
interrogators, and house demolitions (CAT/C/ISR/CO/4, paras. 15, 19 and 33, respectively),
have not yet been fully implemented.
Scope of applicability of the Convention
8.
The Committee regrets the State party’s continued argument that the Convention
does not apply in all the Occupied Territories and notes that this position is contrary to the
views of the Committee as set forth in its previous concluding observations
(CAT/C/ISR/CO/4, para. 11), other treaty bodies and the International Court of Justice. The
Committee notes with appreciation the statement by the delegation that the comments made
by the Committee regarding the scope of applicability of the Convention “will be brought
to the attention of the highest levels of [the] Government, and will be given serious
consideration”. While acknowledging that during the dialogue the State party’s delegation
addressed the Committee’s questions relating to the Occupied Palestinian Territory, the
Committee regrets that the written report did not contain detailed information on the
implementation of the Convention in it (art. 2).
9.
Recalling its previous concluding observations (CAT/C/ISR/CO/4, para. 11)
and its general comment No. 2 (2007) on the implementation of article 2 by States
parties, the Committee calls on the State party to immediately reconsider its position
and acknowledge that the Convention applies to all individuals who are subject to its
jurisdiction. In this respect, the Committee reaffirms that the Convention applies to
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