Al Mezan Centre for Human Rights participated in the 37^th regular session of the UN Human Rights Council in Geneva, which ended with member states voting on four resolutions addressing clear-cut human rights issues relating to Israel’s occupation of Palestinian territory. The resolutions concerning Israel’s settlement regime and calling for accountability for international law violations received negative votes and abstentions by European Union (EU) states, although the member states have previously supported similar measures in venues outside of the Human Rights Council. Al Mezan hosted a side event, during which Special Rapporteur Professor Michael Lynk made a critical intervention on the subject of torture and ill-treatment of Palestinians, produced one written and two oral statements, and met with states and civil society.

During the joint Al Mezan-OMCT side event titled, “Access to Justice for Palestinian Victims of Torture”, Al Mezan’s Mahmoud AbuRahma discussed the Centre’s documentation and verification of incidents of torture and ill-treatment that have enabled the submission of complaints and urgent actions to UN Special Procedures. He detailed specific cases of torture and ill-treatment, and argued that several elements of Israel’s treatment of the civilian population in Gaza—especially the denial of access to healthcare for thousands of Palestinians every year—amount to torture and ill-treatment. In 2017, around 50 patients died after their exit permits were denied or excessively delayed by the Israeli authorities. Mr. AbuRahma stressed the need for accountability, the lack of which creates a dangerous environment that enables torture and ill-treatment.

Special Rapporteur Lynk emphasized the universal prohibition on torture and ill-treatment and noted the legal grounds for the erga omnes obligations on states. He highlighted the  Committee Against Torture’s Concluding Observations on the fifth periodic report of Israel (CAT/C/ISR/CO/5), which include calls for Israel to incorporate into legislation an absolute criminalized prohibition on the use of torture. Notably, Special Rapporteur Lynk reflected on the Special Rapporteur on Torture’s firm condemnation of the Israeli High Court ‘Abu Gosh’ ruling, which the Rapporteur on Torture described as amounting to a refusal of the Court to recognize some of the practices used by Israeli State agents as torture, despite their consideration as such under international law.

Helena Sola Matin from OMCT gave a voice to 23 torture survivors represented in a joint urgent action to UN Special Procedures by OMCT, Lawyers for Palestinian Human Rights and Al Mezan. She detailed some of the methods of torture and ill-treatment described by the victims in their accounts, including stress positions, threats to life and physical security, and exposure to extreme temperatures. The event came together through the moderation of Manon Karatas from FIDH and a briefing note was prepared on the issues addressed by the speakers.[1]

Al Mezan’s Nuriya Oswald delivered two oral statements during the session. The first focused on Palestinians’ right to health and cited Special Rapporteur Lynk’s critical report on the issue that concluded that against Israel’s specific international human rights and humanitarian law obligations owed to the protected persons in the oPt, “Israel has been in profound breach of the right to health”. [2],[3] In the second statement, Al Mezan and partners addressed the Council with concern to Israel’s policy and practice in regard to torture and ill-treatment, which is consolidated by the recent landmark “Abu Ghosh” ruling by the Israeli High Court of Justice.[4] As the Special Rapporteur on Torture said, this ruling is a “license to torture”.^[5] Al Mezan’s calls to the Council and member states to combat torture and ill-treatment of Palestinians reflect the Centre’s joint written statement that was submitted prior to the commencement of the session and titled, “Impunity for torture, ill-treatment and related practices in Israel”.[6]

On 23 March 2018, at the close of the 37^th regular session, the Human Rights Council adopted four resolutions that place due focus on the dire need for accountability for past as well as ongoing serious violations of international law, reaffirm the inalienable right of the Palestinian people to self-determination, recognize the gaps in access to basic human rights, and recall the importance of the settlement-database. Al Mezan welcomes the four resolutions and recognizes the positive votes made by states to adopt the them.

Regrettably, the United Kingdom rebuffed EU Foreign Affairs Council (FAC) Conclusions, which cite accountability as the cornerstone for peace and security in the region, by voting against the accountability resolution—while five other EU states abstained. Hungary also voted against the settlement resolution and both Croatia and Slovakia abstained. The United States and Australia lobbied the Council members to join their positions against the four resolutions at the start of the voting.

Al Mezan recalls that the resolutions are firmly grounded in international law principles and recommends that member states vigorously reassert their objective approach to addressing human rights in the oPt and Israel. Voting based on political expediency must be avoided and instead states must follow through on commitments made at the Security Council and for EU states, through FAC conclusions. The Human Rights Council member states must look toward implementation of these important resolutions.

[1] Joint briefing note by Al Mezan, OMCT and Lawyers for Palestinian Human Rights (who, as a member of the broader combatting-torture initiative endorsed the event). Available here: http://mezan.org/en/post/22557

[2] See A/HRC/37/75, para. 64

[3] Joint oral statement by Al Mezan under Item 7 Interactive Dialogue, available at video 38: http://webtv.un.org/search/id-sr-on-palestinian-territories-43rd-meeting-37th-regular-session-human-rights-council-/5754553994001/?term=al%20mezan%20centre%20for%20human%20rights&sort=date

[4] Joint oral statement by Al Mezan, OMCT and LPHR under Item 7 General Debate, available at video 58: http://webtv.un.org/search/item7-general-debate-44th-meeting-37th-regular-session-human-rights-council-/5754554001001/?term=al%20mezan%20centre%20for%20human%20rights&sort=date

[5] “UN expert alarmed at Israeli Supreme Court's ‘license to torture’ ruling” Available here: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22675&LangID=E

[6] Joint written statement by Al Mezan, OMCT and LPHR, available here: http://mezan.org/en/post/22497