SHAMS Center affirms that torture is a crime dedicated to eradication of human being, damage him, and deny his dignity. Torture is an unjustified crime prohibited by the international law and categorized to be among the crimes against humanity. According to the international law, torture a crime that requires accounting perpetrators and ensuring that they do not enjoy evasion of punishment. According to article 5 of the Universal Declaration of Human Rights, issued on December 10, 1948: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. In the year 1984, the United Nations General Assembly endorsed The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment that became effective in the year 1987 alongside with the protocol annexed to it. The General Assembly resolution numbered 52/ 142, dated on December 1, 1997, identified July 26, to be the annual international day to support victims of torture, is a very important symbolic practical step within the process of combating torture. At the same time, the step comes within the international efforts to implement the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment that became effective on 26/ 6/ 21987, thanks to the General Assembly Resolution numbered 39/ 46. The United Nations made implementing the Convention obligatory to all states to ensure protecting human beings against torture and degrading ill- treatment.
SHAMS Center appreciates the United Nations Initiative to Establish United Nations Voluntary Fund for victims of Torture, which is considered a step on the right track to support and rehabilitate victims of torture. It is important to develop programs and interventions to help victims recover from the impacts of torture crimes where victims will be shifted from the case of feeling lost and terrorized, to a case where they recover and lead normal life. The activities of the Fund are extended to cover all the victims of torture, especially persons deprived of liberty, refugees, victims of compulsory disappearance, victims of sexual/ physical abuse from women and children, and the prisoners as well as indigenous people.
SHAMS Center asserts that the torture, which Palestinian prisoners face in the Israeli prisons, is a crime against humanity. Torturing Palestinian prisoners is a systematic institutionalized policy prepared and intentionally implemented based on the decisions and tendencies of the Israeli various governments. Excessive violence is used against Palestinian prisoners during the investigation period as well as psychological pressure to extract confesses from Palestinian prisoners. Not only that, but also torturing Palestinian prisoners became a behavior among the Israeli investigators who deny Palestinians right to exist based on the notion that the Palestinian is an enemy who should be allowed to keep alive. Investigators proceed in such practices as they are sure that there is no accountability for their behavior and crimes. Torturing Palestinian prisoners through such means is a manifestation of the moral corruption and the absence of human values within the behavior of the occupation state. The Israeli security forces apply their policy while feeling that there is nothing to deter them and ban them from torturing Palestinian prisoners. There are neither legal nor are there ethical determinants that might prevent the Israeli occupation forces from torturing Palestinian prisoners and violating the international law and ethical standards. The torture against Palestinian prisoners included physical assault, prolonged haunting in harsh conditions, sleep deprivation, insults, degradation, denial of medical services (especially for injured and sick prisoners), inhumane cell detention, forcibly tighten the restraints on hands and legs, covering heads with foul-smelling plastic bags, and subjecting prisoners to extreme heat or cold, violating international human rights law.
SHAMS Center affirms that torturing the Palestinian prisoners through the Israeli government is a profound violation of the International Human Rights Law, mainly Geneva Fourth Convention (issued on 12/8/1949) that stresses the right of wounded and sick persons to be protected. Additionally, the Israeli violations violate Geneva Third Convention that affirms protecting prisoners and ensuring their rights to all appropriate protection means. Torturing the Palestinian prisoners violates the Universal Declaration of Human Rights that bans torture and cruel, and inhuman degrading treatment or punishment alongside with violating the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
SHAMS Center reminds here that the State of Palestine, acceded to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in the year 2014 and ratified optional protocol annexed to it, in the year 2017. For that, the international conventions and treaties should be localized within the national legal set in order to ensure protecting Palestinians human rights and freedoms against the arrogance procedures of the Authority and its various security forces. The applied legal set in Palestine fall below clear treatment of torture and cruel treatment crimes. Palestinian laws did not address remedy and rehabilitation of the victims, but limited the treatment to financial compensation. Such deficit within the Palestinian legal set is considered clear violation of the given Convention and its optional protocol.