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Torture Victim Challenges Home Office Refusal
24 May 2004 --
The refugee, who has asked not to be named for fear of possible reprisal, fled
Hebron in the West Bank in July 2003, after being arrested and tortured by
Israeli and Palestinian Authority security forces. Although the Home
Office mainly accepted his version of events, they dismissed his asylum
application, stating that torture was not tolerated by the Israeli government
and that his treatment did not constitute persecution, the legal test required
for protection under the Refugee Convention. It is this refusal that is
now being appealed. The applicant is also arguing that to return him to
the Israeli authorities would be a breach of his right to life and his right not
to be subjected to torture, both protected under the European Convention on
Human Rights.
The use of torture by Israeli Occupation Forces is well documented and subject
to international criticism at every level. The Supreme Court in Israel
have ruled that torture in certain circumstances is lawful and while the
Palestinian High Court has intervened in certain cases, its decisions are often
ignored by the Palestinian Authority. Combined with the failure to make
those responsible for torture amenable to the law, Palestinians can be tortured
with impunity. Despite this, the Home Office have refused this
application.
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