Data shows worsening situation for children in Israeli military detention

By +972 Magazine November 19, 2013 | Edit

A UNICEF report indicates a measurable deterioration in the treatment of Palestinian children held in Israeli military detention in the months since the UN organization recommended serious changes.

By Gerard Horton

Data shows worsening situation for children in Israeli military detention

IDF soldier arresting Palestinian child (Activestills)

In March 2013, UNICEF published a report – Children in Israeli Military Detention. The report’s main finding was that the ill-treatment of children who come in contact with the military detention system appears to be widespread, systematic and institutionalized throughout the process.

In response to these findings, the Israeli Foreign Ministry stated it would study the conclusions and work to implement the 38 recommendations through ongoing cooperation with UNICEF.

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Since the publication of the report in March, UNICEF has continued to monitor the treatment of children through the Monitoring and Reporting Mechanism on Grave Child Rights Violations. Pursuant to this mechanism, UNICEF has collected 19 affidavits from children detained between April and June 2013. Following an analysis of these affidavits, UNICEF found that in 100 percent of cases boys reported being painfully tied and 84 percent said they were blindfolded. Without exception, every boy reported being subjected to physical violence, including beatings to the head and face or being hit with metal objects.

According to UNICEF, in no case were boys informed that they had a right to consult with a lawyer before being interrogated and no child was accompanied by a parent during questioning – rights generally afforded to Israeli children living in the settlements – a situation that amounts to unlawful discrimination. UNICEF’s findings also accords with evidence collected by Military Court Watch which suggests that very few children are being informed of their right to silence prior to interrogation.

Although based on a relatively small sample, the data released by UNICEF indicates a measurable deterioration in the treatment of children held in Israeli military detention in the three months following the release of the report. This point was made in a public statement issued by Military Court Watch (UNICEF data indicates deteriorating situation for child detainees) and is confirmed by testimonies collected during the same period, including one case in which a 15-year-old boy alleges that he was tasered while being interrogated in the police station in the Kiryat Arba settlement. In a further sign that little progress of any substance has been made since the publication of the UNICEF report, the Israeli Prison Service continues to report that an average of over 50 percent of Palestinian children are being transferred and held in prisons inside Israel, in violation of Article 76 of the Fourth Geneva Convention.

While every effort should be made to ensure the implementation of all 38 UNICEF recommendations, including the absolute prohibition on torture and other cruel, inhuman or degrading treatment or punishment, six core recommendations would have an immediate transformative effect and should be implemented as a matter of urgency:

1. Children should only be arrested during daylight hours except in rare and exceptional circumstances.

2. All children and their legal guardian should be provided with a written statement in Arabic informing them of their full legal rights in custody. This statement must be provided at the time of arrest, or as soon as is feasibly possible, but prior to questioning.

3. All children must be given the opportunity to consult with a lawyer of their choice prior to questioning.

4. All children must be accompanied by a family member throughout their questioning.

5. Every interrogation must be audio-visually recorded and a copy of the tape must be provided to the defense prior to the first hearing.

6. Breach of any of the above recommendations should result in the discontinuation of the prosecution and the child’s immediate release.

Gerard Horton is a lawyer and co-founder of Military Court Watch. Gerard has worked on the issue of children prosecuted in the Israeli military courts for the past six years and is the author of a number of leading reports on the subject.

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TEST TEST GAL Our team has been devastated by the horrific events of this latest war. The world is reeling from Israel’s unprecedented onslaught on Gaza, inflicting mass devastation and death upon besieged Palestinians, as well as the atrocious attack and kidnappings by Hamas in Israel on October 7. Our hearts are with all the people and communities facing this violence. We are in an extraordinarily dangerous era in Israel-Palestine. The bloodshed has reached extreme levels of brutality and threatens to engulf the entire region. Emboldened settlers in the West Bank, backed by the army, are seizing the opportunity to intensify their attacks on Palestinians. The most far-right government in Israel’s history is ramping up its policing of dissent, using the cover of war to silence Palestinian citizens and left-wing Jews who object to its policies. This escalation has a very clear context, one that +972 has spent the past 14 years covering: Israeli society’s growing racism and militarism, entrenched occupation and apartheid, and a normalized siege on Gaza. We are well positioned to cover this perilous moment – but we need your help to do it. This terrible period will challenge the humanity of all of those working for a better future in this land. Palestinians and Israelis are already organizing and strategizing to put up the fight of their lives. Can we count on your support? +972 Magazine is a leading media voice of this movement, a desperately needed platform where Palestinian and Israeli journalists, activists, and thinkers can report on and analyze what is happening, guided by humanism, equality, and justice. Join us.

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