confinement is also often used during the interrogation period, which can
last for up to 180 days.205 During this period visits from lawyers and the
Red Cross are often delayed so that the intense detachment created by the
confinement would pressure them into signing a confession.206
The use of this tactic to falsely imprison activists and others, regardless of
whether or not they were involved in illegal activity, and then debilitate
them once they are incarcerated, can be perceived as a punishment and
a deterrent against participation in politics and/or protests. It is also
employed strategically to not only suppress the actions of individuals but
also wider social movements and resistance through the targeting of key
leaders and activists.207 Through isolation, Israel has sought to neutralize
these leaders, prevent them from taking part in Palestinian political
discourse both inside and outside prison, and quash collective action. In
recent times, for example, it has been most commonly used against those
leading hunger strikes.208
Torture and Ill-treatment
Legal Framework
Under international law, the terms ‘torture’ and ‘ill-treatment’ are considered
legally distinct from one another. According to the CAT, for an action to be
considered torture it must be intentional, cause severe pain or suffering,
be used to achieve a purpose such as gaining information or punishment,
and done by, or with the permission of, a public official. Treatment that is
cruel, inhuman and degrading but does not meet all four of these conditions
constitutes ill-treatment, according to the criteria enshrined within the CAT.209
Despite the difference, however, there is an “absolute prohibition” on both
under international law, enshrined specifically in the ICCPR, the CAT, and the
Fourth Geneva Convention.210 This means that torture and ill-treatment are
never legally permissible and no “exceptional circumstances, such as war,
205 Addameer, Torture and Ill-Treatment. Available at: http://www.addameer.org/key_issues/tortureand-ill-treatment
206 Addameer, Isolation and solitary confinement of Palestinian Prisoners, op. cit., February 2016
207 Ibid.
208 Ibid.
209 OHCHR, Interpretation of torture in the light of the practice and jurisprudence of international bodies,
2011. Available at: http://www.ohchr.org/Documents/Issues/Torture/UNVFVT/Interpretation_
torture_2011_EN.pdf
210 ICCPR, Article 7; CAT; UDHR, Article 5; Geneva Convention, common Article 3; Geneva Convention IV,
Article 32
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