06.03.2013 Views

Children in israeli Military detention

Children in israeli Military detention

Children in israeli Military detention

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

The pattern of ill-treatment <strong>in</strong>cludes the arrests of children at their homes between<br />

midnight and 5:00 am by heavily armed soldiers; the practice of bl<strong>in</strong>dfold<strong>in</strong>g children<br />

and ty<strong>in</strong>g their hands with plastic ties; physical and verbal abuse dur<strong>in</strong>g transfer to<br />

an <strong>in</strong>terrogation site, <strong>in</strong>clud<strong>in</strong>g the use of pa<strong>in</strong>ful restra<strong>in</strong>ts; lack of access to water,<br />

food, toilet facilities and medical care; <strong>in</strong>terrogation us<strong>in</strong>g physical violence and<br />

threats; coerced confessions; and lack of access to lawyers or family members dur<strong>in</strong>g<br />

<strong>in</strong>terrogation.<br />

Treatment <strong>in</strong>consistent with child rights cont<strong>in</strong>ues dur<strong>in</strong>g court appearances,<br />

<strong>in</strong>clud<strong>in</strong>g shackl<strong>in</strong>g of children; denial of bail and imposition of custodial sentences;<br />

and transfer of children outside occupied Palest<strong>in</strong>ian territory to serve their sentences<br />

<strong>in</strong>side Israel. The <strong>in</strong>carceration isolates them from their families and <strong>in</strong>terrupts their<br />

studies.<br />

These practices are <strong>in</strong> violation of <strong>in</strong>ternational law that protects all children aga<strong>in</strong>st<br />

ill-treatment when <strong>in</strong> contact with law enforcement, military and judicial <strong>in</strong>stitutions.<br />

The April 2010 announcement by Israeli military officials of changes to the hand-ty<strong>in</strong>g<br />

procedure is a positive development. So too is military order 1676 (September 2011),<br />

which <strong>in</strong>troduced requirements for the police (though not the army) to notify parents<br />

about the arrest of their children and to <strong>in</strong>form children that they have the right to<br />

consult a lawyer. Further measures should be <strong>in</strong>troduced to ensure the protection of<br />

children under military <strong>detention</strong> and compliance of the system with <strong>in</strong>ternational<br />

norms and regulations, as well as to dissipate false allegations of misconduct by the<br />

authorities.<br />

G. Recommendations<br />

The arrest, <strong>detention</strong> or imprisonment of a child shall be used only as a measure of<br />

last resort and for the shortest appropriate period of time. 45<br />

The follow<strong>in</strong>g recommendations are <strong>in</strong>tended to assist Israeli officials to adopt a<br />

series of practical safeguards that would improve the protection of children under<br />

military <strong>detention</strong> and prevent practices that breach the absolute prohibition aga<strong>in</strong>st<br />

torture and cruel, <strong>in</strong>human or degrad<strong>in</strong>g treatment. Some of these safeguards would<br />

also assist the authorities <strong>in</strong> dispell<strong>in</strong>g any false allegations of wrongdo<strong>in</strong>g.<br />

The recommendations take <strong>in</strong>to consideration the situation of unrest prevail<strong>in</strong>g <strong>in</strong><br />

Israel and the occupied Palest<strong>in</strong>ian territory, as well as Israel’s legitimate security<br />

concerns and its duty to protect from violence its citizens and other persons under<br />

its jurisdiction or de facto control. 46 However, the absolute nature of the prohibition<br />

aga<strong>in</strong>st torture and cruel, <strong>in</strong>human or degrad<strong>in</strong>g treatment or punishment requires<br />

immediate implementation of measures to ensure that children held <strong>in</strong> the military<br />

<strong>detention</strong> system are never subjected to treatments that breach the pledges Israel<br />

agreed to fulfil <strong>in</strong> ratify<strong>in</strong>g the Convention on the Rights of the Child.<br />

1. Compliance with <strong>in</strong>ternational norms and regulations<br />

With respect to the arrest and <strong>detention</strong> of children, <strong>in</strong> accordance with the<br />

Convention on the Rights of the Child and other <strong>in</strong>ternational norms and standards, 47<br />

the follow<strong>in</strong>g pr<strong>in</strong>ciples must apply under all circumstances:<br />

14

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!