Penal Law Bill (Amendment - Prohibition of Torture and Cruel, Inhuman or Degrading Treatment), 5786-2026

This bill adds a new section to the Penal Law defining a prohibition on torture and cruel, inhuman, or degrading treatment. The definition of "torture" includes any act causing severe physical or mental pain or suffering, when committed by a public servant, or with their consent, knowledge, acquiescence, or instigation. The purpose of such acts may be to obtain a confession or information, to punish, to intimidate, or to discriminate for reasons such as religion, race, nationality, origin, gender, or sexual orientation. The definition does not include pain or suffering arising from lawful sanctions or punishments. The bill sets various penalties based on the severity of the act: torture causing severe pain or suffering – up to 15 years imprisonment; torture causing grievous bodily harm – up to 20 years imprisonment; torture resulting in death – life imprisonment. Additionally, if a public servant knew of torture being committed by them or others and failed to take all reasonable measures to prevent or stop it, they shall be liable as if they had committed the torture. The bill stipulates that this prohibition applies to any person, whether a state employee, public servant, or official, and whether the acts were committed within Israel or in territories under its control. The prohibition applies even in states of emergency, war, or threats to security or political stability. The bill clarifies that certain provisions in the Penal Law regarding other offenses shall not apply to offenses under this section. The explanatory notes to the bill emphasize that torture and cruel, inhuman, or degrading treatment constitute a severe violation of human dignity, body, and mind, and that the prohibition against them is absolute, even during war or emergency. The prohibition is anchored in international conventions and international law and constitutes a fundamental norm in international criminal law. The proposal is intended to fill a gap in Israeli law regarding the anchoring of these prohibitions, in accordance with Israel's obligations under international conventions. The proposal also expands existing defenses in the Penal Law so that they do not apply to offenses of torture and cruel, inhuman, or degrading treatment.

Source: הצעת חוק לדיון מוקדם