The Independent Commission for Human Rights (ICHR) | Shadow report
national legal framework in line with the international standards on torture
and maltreatment, provided for under the Convention and the Optional
Protocol thereto. The ICHR does not have any information on the official
efforts made to develop the Common Document for the Convention, which
the State has acceded to.
2. The report does not make clear the applicability of the Convention to the Gaza
Strip, which falls under the de facto authority of the Hamas movement. It
does not outline any formal actions being taken in this direction. Also, the
ICHR has no knowledge of any formal procedures, which were, or will be,
implemented in this regard.
3. The report fails to spell out how the State will implement the Convention
in Area C, designated as such by the agreements signed with the Israeli
occupying Power in 1993 and falling under control of the occupying Power.
Furthermore, the report omits any reference to the steps to be taken by
the State to implement the Convention in this area, if any. In the very least,
the State does not mention in the report that it has not set any plans in
this context.
4. The report does not make plain the formal procedures and future plans of the
State to bring an end to placing all three branches of government under
one power, consequently affecting the extent and form of accountability
for torture and other forms of cruel, inhuman and degrading treatment.
Since 2007, the Executive is in possession of the executive and legislative
powers altogether. In addition, the Executive has powers to undertake
procedures for appointing members of, and enacting legislation on, the
Judicial Authority. This may undermine procedures for holding to account
those persons responsible for torture and other forms of cruel, inhuman
and degrading treatment under civil and criminal law.
5. The Report fails to refer to Israeli violations, including restrictions placed on the
entry of equipment and tools needed for criminal investigations, detection
of crimes, and access to offenders in tandem with legal and human rights
procedures that are consistent with the international standards summed
up by the Convention. These procedures should not result in the violation
of the body of any person by torture and other forms of cruel, inhuman
and degrading treatment.
6. The report does not state the formal actions which were, or will be, taken by
the State to avoid any instances of corruption, that may lead to the bodily
violation of any person by torture and other forms of cruel, inhuman and
degrading treatment. Having become a regular practice in different States,
these actions particularly include those articulated by the Report of the
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