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OpEdNews Op Eds    H3'ed 8/12/11

Repression in Israel and Bahrain

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Stephen Lendman
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Gazans continue to be arrested, tortured, abused, and denied protections while undergoing interrogations. Afterwards they're "placed in cells which are unfit for humans to live in and many have been left in solitary confinement for extended periods of time."

Administrative detentions are commonly used, holding Palestinians without charge. At the same time, many Gazans are called "unlawful combatants," treating them more harshly for prolonged periods. In addition, under siege conditions, millions of Gazans experience extreme hardships.

"These actions are in complete violation of international human rights law (IHRL) and international humanitarian law (IHL), both of which are applicable in the occupied Palestinian territory."

On September 6, 1999, Israel's High Court of Justice ruled certain abusive interrogation techniques illegal. However, it authorized "ticking bomb" exceptions and let interrogators resort to what's called "the necessity defense" to protect themselves when using prohibited methods. 

In other words, the High Court left a giant loophole to practice torture with impunity. Israeli Security Agency (ISA) interrogators take full advantage.

Israel's judicial system also permits unfair trial standards, "under which most torture and ill treatment-related practices occur," including those related to abusive administrative detentions.

As a result, administrative detainees can't challenge evidence considered classified, so are denied fair trials. Nor may they contest detentions for "inordinately lengthy periods" or be able to dispute reasons why they're held.

Under the Unlawful Combatants Law No. 5762-2202 and its 2008 amendment, authorities may detain Palestinians believed to have taken part in hostile activity (aka lawful self-defense) against Israel directly or indirectly.

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