A/HRC/25/40
penalties did not exceed five years. Furthermore, in most of the cases, the perpetrators were
close family members, including brothers, fathers and mothers. The study also revealed that
only 10 judgments were handed down in such cases between 2005 and 2010.103
IV.
A.
Recommendations
Recommendations to the Government of Israel
75.
Lift the blockade of Gaza to remedy the ongoing punitive measures against the
civilian population, and ensure that any measures restricting the freedom of
movement of civilians and the transfer of goods from, into and within Gaza are
consistent with international law.
76.
Ensure that the use of force by its security forces, including in the access
restricted areas, in situations other than hostilities is in compliance with the Basic
Principles on the Use of Force and Firearms by Law Enforcement Officials, including
by carrying out an independent review and any necessary revisions of rules of
engagement or regulations on opening fire to ensure their consistency with
international law.
77.
Carry out prompt, thorough, effective, independent and impartial
investigations into allegations of unlawful killing or injury, torture and ill-treatment
and ensure that the investigations are subject to public scrutiny and allow for
meaningful victim participation. Prosecute individuals responsible for violations and
provide victims with an effective remedy. As an initial step to reforming the
investigative system, implement the recommendations contained in the second report
of the Turkel Commission.
78.
Immediately cease any demolitions or plans for demolitions that would result in
the forcible transfer or forced eviction of Palestinians, particularly in the vulnerable
areas of the Jordan Valley, the periphery of Jerusalem and the South Hebron Hills,
including Massafer Yatta. Permit and facilitate the return of those communities
already subjected to forcible transfer or eviction to the their original dwellings and
ensure adequate housing and legal security of tenure.
79.
Charge or release any detainees held in administrative detention and bring to
an end the administrative detention regime.
80.
Implement the recommendations made by UNICEF and the Committee on the
Rights of the Child104 regarding the treatment of Palestinian children in detention.
B.
Recommendations to the Government of the State of Palestine
81.
Ensure that the use of force and treatment of detainees by all security forces is
in compliance with international human rights law and principles, including the Basic
Principles on the Use of Force and Firearms by Law Enforcement Officials, and that
the new PPS Code of Conduct is applied in practice. Conduct regular training on
international human rights law, the Basic Principles and the PPS Code of Conduct for
security officers, and investigate and review operations to ensure regular compliance.
103
104
18
WCLAC, “Court judgment”, 2011 (see footnote 113 above).
UNICEF, Children in Israeli Military Detention: Observations and Recommendations, February
2013; CRC/C/ISR/CO/2-4, especially paras. 35 and 36.
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