August 28, 2008 at 05:16:15

Torture As Official Israeli Policy

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By Stephen Lendman (about the author) Page 10 of 14 page(s)

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International laws are clear. They not only prohibit torture and abuse, they legally bind states to undertake independent, impartial, and effective investigations into allegations and suspicions of these practices. They also require perpetrators be prosecuted and punished, that redress be afforded to victims, and that continuance of these crimes are banned.

UAT states: "if there is something (all) humanity (can) agree (on at least theoretically), it is that (preserving individual dignity in difficult situations requires that) we all conform to some elementary (common) standards of conduct." Otherwise, we risk "perishing in a mutual spiral of non-ending violence."

Israel on the Issue of Torture

Israel is a self-professed democracy, yet defines itself as a Jewish state, treats Jews preferentially, and affords them special rights and privileges denied those of other faiths. The country has no formal constitution. It's governed by its Basic Laws that guaranteed no human rights until the 1992 "Basic Law: Human Dignity and Freedom" passed. It authorized the Knesset to overturn laws contrary to the right to dignity, life, freedom, privacy, and property as well as to leave and enter the country. The law states:

"There shall be no violation of the life, body or dignity of any person. All persons are entitled to protection" of these rights, and "There shall be no deprivation or restriction of the liberty of a person by imprisonment, arrest, extradition or otherwise."

Another Basic Law deals with "The Right to Life and Limb in Israeli Law." It implies that life is sacred and states: "Israeli law has abolished the death penalty for murder (and corporal punishment)." The 1998 "Good Samaritan Law" requires assistance be given in situations "of immediate and severe danger to another." These provisions are for Jews only because Basic Law provisions deny equality for non-Jews in spite of the following language:

Israeli law affirms "Fundamental human rights....founded upon recognition of the value of the human being, the sanctity of human life, and the principle that all persons are free." Israeli Basic Law exists "to protect human (life,) dignity and (assure that) All government authorities are bound to respect (these) rights under this Basic Law" - with one proviso: Israel is a Jewish state so all rights, benefits, privileges and protections are for Jews only. Others are unwelcome, unwanted, unequal, and afforded no protections under the law.

Further, and in spite of unambiguous international laws, torture, abuse, cruel, inhuman or degrading treatment aren't designated crimes under Israeli law. But the 1977 Penal Law prohibits torture and provides criminal sanctions against it in language similar to the UN Convention against Torture.

Nonetheless, Israel maintains that it "officially proclaimed (a) state of public emergency from 19 May 1948, four days after its founding, until the present day." It remains in force "due to the ongoing state of war or violent conflict between Israel and its neighbours, and the attendant attacks on the lives and property of its citizens." It thus illegally deviates from international law provisions that differ from whatever means it chooses to protect its liberty and security. By implication, torture and ill treatment are permissible. Exceptional conditions are normal, and temporary is permanent in direct contradiction to accepted norms and standards.

UAT states: freedom "from torture and other forms of ill-treatment or punishment may not be violated under any circumstances (and) states of emergency" allow no exceptions. The right to be free from torture and abuse is sacrosanct. Permissible "temporary" deviations allow no basic human rights violations. Such acts are strictly prohibited under accepted international laws to which State Party signatories are bound at all times, under all conditions, with no exceptions.

Yet Israel inflicts torture and ill treatment "in the context of the arrest and interrogation of persons suspected of being security threats" even when no charges against them are brought and no substantiating evidence exists. So practices like the following are common:

-- beatings;

-- sleep deprivation;

-- painfully tightened hand cuffs;

-- violent shaking;

-- kicking;

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I am a 72 year old, retired, progressive small businessman concerned about all the major national and world issues, committed to speak out and write about them.

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