Palestinian authorities must strengthen
fundamental legal safeguards against torture and ill-treatment,
especially from the first moments of detention, a group of UN
human rights experts said on Monday.
The members of the UN Subcommittee on Prevention of Torture
(SPT) issued the
appeal after concluding their first visit to the State of
Palestine, conducted from 10 to 21 September.
Daniel Fink, who headed the delegation, said they received full
cooperation from the Palestinian Authority to visit locations in
the West Bank, “but we regret that, despite all efforts, we were
unable to visit detention facilities in Gaza.”
The Palestinian Authority has administrative control over the
West Bank while the militant group Hamas rules the Gaza Strip,
which has been under Israeli blockade for more than 15 years.
High-level meetings
The delegation visited 18 detention places
in different locations in the West Bank, including prisons,
police stations, facilities of the security forces, a
psychiatric hospital and a military detention centre.
Members met with high-level officials, including the Prime
Minister and the Minister of Interior, who coordinates the
National Team for Monitoring the State's Commitments.
They also held meetings with other State authorities, and the
Independent Commission on Human Rights, involving its Gaza
branch.
Establish monitory mechanism
The experts recalled that Palestine has been a party to
the Convention against
Torture and its Optional Protocol since
2014 and 2017, respectively.
States that ratify the Optional Protocol give the SPT the right
to visit their places of detention and examine the treatment of
people held there.
They said the Government has done much in the interim,
pointing to recent positive relevant amendments to the penal
code.
However, they remain concerned over the implementation
of torture prevention measures during detention and the
effective establishment of a monitory body, officially called the
national preventive mechanism (NPM).
The delegation also engaged with entities working on drafting
legislation related to the NPM and Mr. Fink expressed
hope that their visit will prompt its swift formation.
“In particular, we look forward to seeing an independent body
that can carry out its mandate in accordance with the State’s
legal international obligations, including unannounced visits to
any places of deprivation of liberty,” he added.
About UN experts
The SPT is composed of 25 independent and
impartial experts from across the globe who monitor
adherence to the Optional Protocol, which has been ratified
by 93 countries.
They were appointed by the UN Human Rights Council, which
is based in Geneva, and are neither UN staff nor are
they paid for their work.
Four members visited the State of Palestine, accompanied by two
human rights officers from the SPT Secretariat.
The delegation will submit a confidential report to the
Palestinian authority in the coming months, which they hope will
be made public.
