July 7, 1994
COMMENTS OF THE ISRAEL MINISTRY OF JUSTICE
ON THE 1994 AMNESTY INTERNATIONAL ANNUAL REPORT
With the publication of the Amnesty International 1994 Report, the
Ministry of Justice wishes to comment on a number of issues contained
therein which warrant clarification. Points relating to the IDF are
addressed separately by the IDF Spokesman's Office.
Interrogation Practices
Israel strives to protect the human rights of all suspects in its custody.
The Israeli Penal Code and the internal guidelines of the security forces
explicitly and unequivocally prohibit torture. The General Security
Services' interrogation guidelines forbid 'physical or mental torture,
maltreatment of the person being interrogated, or the degradation of his
human dignity.'
Under Israeli law, only freely and voluntarily given confessions are
admissible as evidence. Upon receipt of an allegation of a coerced
confession, the courts conduct a hearing to determine the admissibility of
the statement. Complaints of misconduct during interrogation are examined
by the Ministry of Justice. In cases where there is prima facie evidence
that misconduct has occurred, administrative, disciplinary or criminal
proceedings are instituted.
'Prisoners of Conscience'
Israel does not arrest individuals for their beliefs and does not hold
prisoners of conscience. Only those who are affiliated with illegal
organizations advocating and employing violence are subject to arrest.
According to Amnesty's own definition, individuals who advocate violence
cannot be construed as prisoners of conscience.
Mordechai Vanunu
In 1988, Vanunu, a worker at the Atomic Research Reactor in Dimona, was
tried and found guilty of three charges of espionage and sentenced to 18
years imprisonment. Vanunu ahs explicitly and repeatedly declared his
intention to make additional secret information public at his first
opportunity. In order to protect him from other inmates who might harm him
in light of the nature of his crimes and to prevent him from revealing
further secret information, the Commissioner of Prisons placed Vanunu in a
cell by himself.
Vanunu's prison conditions comply with both local and international law.
Vanunu's cell is larger than the standard cell in an Israeli prison and
has its own adjoining lavatory and shower. Each day Vanunu spends two
hours outdoors. He has a radio, a walkman and a television, and can
receive any books and newspapers he wishes. His lawyer may see him in
private at any time, and his family visits him regularly.
The practice of solitary confinement under reasonable conditions was
addressed by the UN Human Rights Committee as well as the European
Commission on Human Rights, and found not to be prohibited under
international covenants and practice. United States courts have also held
that solitary confinement, as such, does not violate the American
Constitution's protection against cruel and unusual punishment.
Vanunu has unfettered access to the Israeli courts, including the High
Court of Justice. Vanunu may petition the courts to review the
Commissioner of Prison's decisions regarding the conditions of his
incarceration.
Conclusion
Israel is presently involved in historic peace negotiations with the
Palestinains. These negotiations have resulted in many significant
changes, including the release of approximately 5,000 Palestinian
prisoners over the past year, the withdrawal of Israeli armed forces from
Jericho and the Palestinian populated areas of the Gaza Strip, and the
establishment of the Palestinian Authority in those areas. We sincerely
hope taht the continuing progress of the peace process will benefit the
entire population of the Middle East, and that all parties involved will
strive to maintain and advance the cause of human rights. We trust that
Amnesty International will take note of these positive developments.