During the last week of March and
throughout the court proceedings regarding six petitions presented by
human rights associations against the use of torture during
investigations by the general intelligence agency Al-Shabak, Israeli
Attorney-General Shy Netsan announced that Al-Shabak is considering the
use of easier-fitting hand-shackles and a less-offensive-smelling head
sack to be used on Palestinians under investigation.
Torture continues
In other words, “Israel” intends to
continue torturing young Palestinians. If these torture methods are
carried out according to the announcements in the secret chapters of the
report prepared by the Lanwood committee, they would be considered legal
and permitted; however, the significance of the term “torture” has
become more complicated in terms of the medical repercussions in this
past year than ever before. The Attorney-General replied to one of the
petitions against torture presented to the Supreme Court of Justice in
this respect on 28 May1998, which had been presented on the initiative
of some human rights associations—namely the Citizen Rights group and
Hum-kid—saying that doctors are present for 24 hours during the torture
session in the intelligence cells, which practice has been going on for
more than a year. This indicates that doctors are not only present
during the actual torture but they also legalize the torture by their
signatures on their medical reports that include the information on
their examinations of the captives before, after and during the
investigation as well. Aside from the discussion regarding the necessity
of the use of torture in the cases known as “tactical bombs”, whereby
torture is used and even condoned in order to force the young to give
out information in order to prevent any catastrophe as soon as possible,
the presence of the doctors during investigation is considered a moral
dilemma.
Doctors disgrace their
profession
The moral objection to the doctors’
presence during investigation is that they give medical data to the
detectives in order that they may determine the degree of torture the
captive can stand. Consequently, the doctors examine the captives
before, after or during the investigation. In addition, the doctors do
not prevent the detectives from carrying on even though they are sure
that the torture will hurt the captive thereby dishonouring their
profession. These doctors, according to opponents, contradict the
Hippocratic Oath, as well as the two international treaties: Tokyo-1975
and the UN charter of medical ethics in 1982, both of which prohibit
doctors from participating in torture or any disgraceful deed. These
treaties oblige doctors to rescue the life of, as well as prevent the
suffering of any human being, ensuring that doctors remain different
from detectives because their duty is to serve the people—not to focus
on the “tactical bomb”.
In Gaza, during the intifadah, the
Doctors for Human Rights Association, which is comprised of 300 doctors
and specialists in the medical trades, has been trying for more than a
year to make the Israeli Doctors Union adopt new regulations that would
prevent Israeli doctors from taking part in investigations carried out
by Al-Shabak. However, the Chairman of the Ethical Committee in the
union, Eran Dolep, has been hesitating in carrying out this mission.
This union was established by Israeli psychiatrist Rohaha Marton, who
told doctor Elan Ghal, the Chairman of the Association, that she had
established this Association when a doctor called on a dozen Israeli
doctors to have a look at the medical conditions in Gaza. Doctor Ghal
said that they were astonished when they saw the miserable conditions in
Al-Shefa’a Hospital in Gaza, especially the halls crowded with both
young and old people in wheelchairs, a kitchen without food even for the
cats, and nothing was found in the cellar except some Akamwa fruit. The
doctors saw how medicine could be used as a means of blackmail by
politicians, and how depriving people of medical care had become a
political weapon. This Association grants medical support to the
Palestinians and foreign workers, and fights for justice and equity in
medical care. During the last six months, the Association has
concentrated on persuading the Israeli Doctors Union to prevent doctors
from involving themselves in investigations. The Union asked the
Association to send a list of the names of those doctors, but the
Association replied that these lists are not available except for two or
three doctors who had signed some medical test forms used by Al-Shabak.
Hadfa Rodovents, the Director of the Association, said that they do not
aim to hurt those doctors, especially those who work in prisons, but
they are sometimes sent to help in investigations as a part-time job or
called from outside, and they will stop this practice as soon as the
Union prohibits this. Hadas Zeiv, the Director of Projects in the Union,
said that if doctors stopped doing so, torture would also be stopped
similar to what happened in Ireland where doctors played a significant
role in this respect.
Comprehensive violation
According to Bet’saleem organization
reports and official data, between 1,000 and 1,500 Palestinians are
investigated annually by Al-Shabak; 850 of these are dealt with
according to what the so-called Lendaw Committee outlined as using
moderate physical pressure. Professor Ravi Veldan, a member of the
Rava’el administration and Peres’s brother-in-law, said that the
presence of doctors gives torture a chance to continue.
Q: What is the tactical
bomb about?
A: VELDAN:
The tactical bomb does not concern the doctor because his mission is to
rescue people and reduce their suffering, which is completely different
from what happens in Al-Shabak cells. It has been understood that most
of the doctors are newcomers from Eastern European countries who have
difficulty finding a job or even earning their living decently, but they
will stop doing so if they realize that this action will make them lose
their license.
Ottoman’s Shirt:
The tactical bomb is similar to Ottoman’s Shirt, which is used as a
pretext by Al-Shabak members because when they go home, they leave the
captives in this trap. Veldan believes that doctors who work for Al-Shabak
do not have jobs because they do not have other choices, and they feel
embarrassed and isolated because they cannot communicate with the Arab
captives. Consequently, those doctors will not be arrested and punished
because they have been ordered to do so by Al-Shabak. The Association
has been trying to hold a meeting with the Doctors’ Union for five
months but in vain because the date has been delayed several times. When
Veldan was asked about the reason, he replied that the reasons behind
this could not be political because some officials of the Union are
cautious not to stir up any trouble which may harm their professional
future.
Why do they keep silent?
Doctor Raves, a psychiatrist and a member of the Union, said that he had
asked to publish an essay in the official magazine of the Union,
Medicine, after he had been asked to examine 14 Palestinian captives
who presented a petition against torture; however, the essay was not
published because it dealt with political and security matters. He added
that he had examined the captives and found out that they had been
arrested and tortured by depriving them of food and sleep because they
had committed minor offenses such as stone-throwing or writing certain
mottoes on the walls. The problem is rather complicated because the
Ethical Committee could not do anything, and the basic crisis is that
some parts tend to consider the humane aspects of torture. The
Chairperson of the Ethical Committee believes that the right policy is
to be very cautious in order not to be entangled.
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