Committee Against Torture (CAT)
United Nations Special Rapporteur,1 which examines the relationship
between corruption and torture or maltreatment, including poor judicial
accountability or use of torture to combat corruption. On particular note,
a limited number of persons have been held to account before Palestinian
courts for acts of torture or maltreatment, as demonstrated in the State’s
report.
• In regards to the definition of torture and other forms
of cruel, inhuman and degrading treatment
1. The effective legislative framework does not provide a definition of the crime
of torture as an independent crime within the meaning of the Convention.
Operative laws consider a number of acts that constitute physical assault
as torture. However, these are less criminalised than the act of “torture” or
“maltreatment” as defined by the Convention.
On the other hand, laws in force deem the offence of torture as
a misdemeanour, rather than a crime. The perpetrator is liable to
insufficiently dissuasive penalties, which are disproportionate to the
criminal offence and other conditions laid out by the Convention. These
laws do not include the act of “cruel, inhuman and degrading treatment
or punishment”, which is committed by public servants within the format,
manner, and conditions provided for by the Convention. Accordingly, the
State needs to incorporate this term into its legal framework in conformity
with the criminalisation of “torture” and other actions taken thereon as
contained in the Convention.
2. The State has not put in place any legislative procedures for fully incorporating
the Convention within the national legal system. Such measures would
enable citizens to invoke the provisions of the Convention before national
judiciary. Moreover, the Report does not lay out the State’s guidelines for
full incorporation of the Convention into the national legal system.
• Data on the Gaza Strip
o
It is pertinent to refer to note that the Gaza Strip comprises (6%) percent
(360 out of a total 5,860 square kilometres) of the territory of the State of
Palestine as recognised by the United Nations. According to data released
by the Palestinian Central Bureau of Statistics (PCBS) in mid-2022, the Gaza
1
United Nations General Assembly, Human Rights Council, fortieth session, 25 February–22 March
2019, Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment
or punishment.
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