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November 14, 2007 Cockburn
/ St. Clair November 13, 2007 Alexander
Cockburn Jeffrey
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& Bill Christison William
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November 14, 2007 From the "Frog" to the "Banana" PositionTorturing Palestinian DetaineesBy STEPHEN LENDMAN B'Tselem is the conservative Israeli Information Center for Human Rights in the Occupied Territories with a well-deserved reputation for accuracy. A group of prominent academics, attorneys, journalists and Knesset members founded the organization in 1989 to "document and educate the Israeli public and policymakers about human rights violations in the Occupied Territories, combat the phenomenon of denial prevalent among the Israeli public, and help create a human rights culture in Israel" to convince government officials to respect human rights and comply with international law. Its work covers a wide range of human rights issues that include detentions and torture. In May, 2007, it prepared a detailed 100 page report titled "Absolute Prohibition: The Torture and Ill-treatment of Palestinian Detainees" that's now available in print for those who request it. This article summarizes its findings that represent a joint effort by B'Tselem and HaMoked: Center for the Defense of the Individual that was founded in 1988 to support Palestinian rights during the first intifada in the late 1980s. Since the early 1990s, B'Tselem published more than ten reports on Israelis' use of torture and mistreatment of Palestinian detainees. This is the latest one in an effort to raise public awareness and help abolish these abhorrent practices. The findings are based on testimonies solicited from a small "unrepresentative" sample of 73 Palestinian West Bank residents who were arrested between July, 2005 and January, 2006, agreed to tell their stories, and who met predetermined criteria for the study. They were chosen from the names of 4460 Palestinian detainees whose relatives contacted HaMoked for help to locate their whereabouts. HaMoked provides this service because Israel violates international law and its own military regulations by denying family members any information about who was detained or where they're being held. From its many years investigating Israeli torture, B'Tselem believes the information in this report accurately reflects the types and extent of Israeli abusive practices. Torture, abuse or degrading treatment are abhorrent in any form for any reason, and long-standing international law forbids these practices under all circumstances. The four 1949 Geneva Conventions banned any form of "physical or mental coercion" and affirmed sick, wounded, war prisoners and civilians must be treated humanely. All four conventions have a common thread called Common Article Three that requires all non-combatants to be treated humanely at all times. There are no exceptions for any reasons, and violations are grave breaches of Geneva and other international law that constitute crimes of war and against humanity. Nonetheless, the 1987 Landau Commission (headed by retired Israeli Supreme Court Chief Justice Moshe Landau) cited the "necessary defense" provision in the Penal Law to recommend using "psychological and moderate physical pressure," to obtain evidence for convictions in criminal proceedings. Its justification was that coercive interrogation tactics were necessary against "hostile terrorist activity" it defined to include not just threats or acts of violence but all activities related to Palestinian nationalism. Later in September, 1999, Israel's High Court of Justice (HCJ) responded to the Public Committee Against Torture in Israel's petition (PCATI) and issued a landmark decision (reversing Landau recommendations) and barred the use of torture against detainees. It was, however, a hollow gesture as at the same time it ruled pressure and a measure of discomfort were legitimate interrogation side-effects but should not be used to break a detainee's spirit. It then added a giant loophole allowing interrogators to use physical force and avoid prosecutions in "ticking time bomb" cases even though international law allows no exceptions, and Israeli authorities could claim that excuse for anyone in custody. Since its occupation of Gaza and the West Bank (the OPT) in 1967, Israel imprisoned over 650,000 Palestinians according to the Palestinian peace and justice group MIFTA. That's equivalent to about one-sixth of the OPT's population today. The security services currently hold around ten to twelve thousand Palestinian men, women and children in its prisons under deplorable conditions with many under administrative detention without charge. Based on earlier assessments by Hamoked, B'Tselem estimates as many as 85% of them are subjected to torture and mistreatment in custody even though most of them aren't accused of terrorism. These practices are routinely and systematically used against political activists, students accused of being pro-Islam, sheikhs and religious leaders, people in Islamic charitable organizations, relatives of wanted individuals or any man, woman or child Israel targets for any reason. B'Tselem's May, 2007 report states that the Israeli Security Agency (ISA - formerly called the General Security Service or GSS) admits to using "exceptional" methods that include "physical pressure" of interrogation in "ticking bomb" cases that can be used as an excuse to abuse anyone. In addition, law enforcement officials openly admit harsh measures are approved retroactively so that Palestinian detainee rights can be freely violated without fear of recrimination. In other words, ISA interrogators know the rules - don't ask permission, use any methods you wish, and don't worry about the consequences after the fact. There won't be any, and it shows in what detainees told B'Tselem. They reported being "softened up" for interrogation from the moment of their arrest to when ISA agents took over. Abuses at the outset included beatings, painful binding, swearing, humiliation and denial of basic needs. The ISA procedure then included seven key forms of abuse that violated the detainees' dignity and bodily integrity. They were inflicted to break their spirit, but international law calls it torture when it includes verified intent, severe pain or suffering, improper motive, and involvement of the state. All those conditions apply to Israeli abusive practices that included:
B'Tselem then discussed "special" interrogation methods that mostly involve physical violence:
Prison killings also occur like the October 22 one at the notorious Ketziot Detention Center in the Negev desert where 2300 Palestinians are held under very harsh conditions. It happened at 2AM when prison guards began searching tents and strip-searching inmates in a deliberate middle of the night provocation. Prisoners resisted and about 550 members of the Israeli Prison Service (IPS) Metsada riot dispersal unit responded with excessive force by beating them with plastic clubs and rifle butts as well as firing rubber-coated bullets, live ammunition, tear gas and stun grenades that set tents ablaze and caused as many as 250 inmate injuries and at least nine serious ones. During the assault, Mohammed Al Ashqar was killed after being shot in the head. The Palestinian Center for Human Rights (PCHR) maintains that prisoner abuse, repressive tactics and killing Palestinians is official Israeli policy that's become even worse under current IPS director, Beni Kaniak. PCHR reports he instituted these punitive measures:
These tactics and Palestinian detainee torture and abuse are condoned "under the auspices of the Israeli law enforcement system." B'Tselem reported since 2001, Israel's State Attorney's Office got over 500 complaints of these practices but investigated none of them. Overall, instances of detainee mistreatment are rarely looked into and even fewer ever result in indictments. Further, despite its 1999 ruling, Israel's High Court of Justice (HCJ) aids ISA interrogations by refusing to accept even one of hundreds of petitions brought before it for redress. HCJ also lets ISA conceal information from detainees that abusive orders were issued against them or that legal petitions were filed on their behalf. It further allows evidence obtained under torture to be used in criminal proceedings. B'Tselem and HaMoked are committed to ending Israel's use of torture against Palestinian detainees. They cite the example of the US Army's September, 2006 Field Manual for Human Intelligence Collector Operations as a proper guide to conducting interrogations even though authorized physical and psychological brutality became official administration policy under George Bush post-9/11. Nonetheless, this manual covers 18 interrogation methods experience showed work under varying situations and conditions. They range from establishing trust between interrogator and detainee to the use of ruses and psychological manipulation. In all cases, they don't involve torture or other unlawful practices. It's one thing to have rules and laws and another to abide by them. The US under George Bush condones and practices "the harshest interrogation techniques ever used by the Central Intelligence Agency" according to once secret Department of Justice (DOJ) legal opinions. It's no different in Israel where the ISA systematically and routinely uses banned interrogation measures with impunity. B'Tselem and HaMoked want these practices ended and urge the Israeli government to halt them by enacting enforceable laws "strictly prohibiting torture and cruel, inhuman or degrading treatment" in accordance with international law. They further recommend every complaint of abuse and torture be investigated by an independent body, persons found to have broken the law to be prosecuted, and that "every detainee receives minimum humane conditions." Israel claims to be a civilized state. It's about time it acted like one. Stephen Lendman lives in Chicago and can be reached
at lendmanstephen@sbcglobal.net.
Contains the Explosive Investigation That Rocked the Pentagon! General Petraeus's Counterinsurgency Manual Anthropologist DAVID PRICE exposes how the fabled Counterinsurgency Manual contains a chapter filled with "borrowed" quotations. Price reveals the crucial role in the debacle played by anthropologist Montgomery McFate. The University of Chicago Press is badly compromised. And much more. Get your copy today by subscribing online or calling 1-800-840-3683 Remember contributions to CounterPunch are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now ![]()
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