A/HRC/25/40
rockets and five mortars landing within Gaza and 20 rockets exploding at the launching site
during the reporting period. No injuries were reported. The rockets are indiscriminate and a
violation of international law.42 Israel conducted 13 airstrikes, fired at least two tank shells
and opened heavy machine-gun fire from a helicopter, causing the death of five persons and
injuring two others. It is alleged that six of the victims were members of an armed group.
Reportedly, five Israeli soldiers were injured in one of these incidents on 1 November
2013.43 The IDF also conducted 58 incursions into Gaza.
C.
Issues affecting the West Bank, including East Jerusalem, and Gaza
1.
Detention, torture and ill-treatment
39.
During the reporting period, lack of respect for the rights of persons deprived of
their liberty by all three duty bearers across the Occupied Palestinian Territory remained a
cause of concern. There were some positive developments, with the Palestinian Preventive
Security Service (PPS) allowing unannounced visits by OHCHR to their detention
facilities, while Israel made some initial positive responses to United Nations Children’s
Fund (UNICEF) regarding the detention of minors.
Israel
40.
Israel continued to detain large numbers of Palestinians. As of 1 October 2013,
5,046 Palestinians were in Israeli detention: 135 in administrative detention on security
grounds, without charge or trial, with well over half of these held for more than six months,
some held for more than three years.44 As previously stressed by the Secretary-General,
only in exceptional circumstances may administrative detention be permissible. One of the
most problematic areas where Israeli practices fall short of applicable international
standards is the use of “secret evidence” as the basis of detention.45
41.
The Secretary-General has underlined that there are very serious concerns about
Israel’s treatment of minors in detention, and UNICEF has found widespread, systematic
and institutionalized ill-treatment of Palestinian children in the Israeli detention system.46
The Israeli authorities have since engaged with UNICEF on its recommendations following
the publication of its findings in February 2013, including, for example, piloting a test
scheme of summons in place of night arrests.
42.
However, there is still cause for serious concern. In a survey of 19 cases of alleged
ill-treatment in the second quarter of 2013, UNICEF documented violations including
physical abuse, painful restraint techniques, blocking of family access and failure to inform
detainees of their right to legal counsel.47
43.
Concerns extend to all detainees, not just children, as underlined by the death of
Arafat Jaradat in the custody of the Shin Bet (Israel Security Agency) on 23 February 2013.
According to the chief pathologist of the Palestinian Authority, who was present at a
preliminary autopsy performed at the National Institute of Forensic Medicine in Israel, his
body showed clear signs of torture. Reportedly, the autopsy listed no cause of death,
42
43
44
45
46
47
10
A/HRC/22/35/Add.1, para. 10.
See http://www.jpost.com/Defense/Palestinians-say-one-man-killed-one-wounded-by-IDF-shellingin-Gaza-330325.
Source: B’tselem (as of 30 September 2013); Addameer (as of 1 October 2013).
A/67/372, paras. 26 and 27.
A/HRC/24/30, paras 56–57; CRC/C/ISR/CO/2-4, paras. 35–36.
www.unicef.org/oPt/UNICEF_oPt_Children_in_Military_Detention_Bulletin_No_1_October_2013.pdf.
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