A/HRC/35/19/Add.1
to prevent such statements. The recommendation is therefore considered as “not
implemented”.
36.
In December 2016, the Security Council called on both parties to “refrain from
provocative actions, incitement and inflammatory rhetoric, with the aim, inter alia, of deescalating the situation on the ground, rebuilding trust and confidence, […] and creating the
conditions necessary for promoting peace.”49 Based on this as well as the above paragraphs,
the overall recommendation has therefore been assessed as “not implemented” by any of
the parties.
C.
Arrest and detention
37.
The review identified 106 recommendations that concern arrest and detention (11
per cent of the total number of recommendations). Two recommendations have been
selected as illustrative examples of recommendations in this category, discussed in detail
below. The following table provides an overview of the distribution of the issues covered
by these recommendations and the percentage within this review.
Table 5
Overview of recommendations related to conditions of detention
Number of Percentage in this thematic
recommendations
area
Percentage of all
recommendations
Treatment of children
52
49.1%
5.6%
Treatment of adults
25
23.6%
2.7%
Administrative detention
15
14.2%
1.6%
Judicial guarantees
14
13.2%
1.5%
Total
106
38.
In June 2016, following the review of the report submitted by Israel, the Committee
against Torture, “Recalling its previous recommendation (CAT/C/ISR/CO/4, para. 28) […]
call[ed] upon the State party to redouble its efforts with a view to: (a) Ensuring that the
deprivation of liberty of minors, irrespective of the charges brought against them, is a last
resort, limited to the shortest possible period, and that it is reviewed daily with a view to
eliminating it.”50
39.
Regarding the first part of the recommendation, the Secretary-General noted in May
2016 that the large number of arrests of Palestinian children by Israel seemed incompatible
with its use as a last resort.51 According to official data provided to Israeli NGOs by the
Israeli Prison Service, at the end of August 2016, 319 Palestinian minors were being held in
Israeli prisons, 10 of whom were in administrative detention. Out of the 319 minors, 168
were being held in pre-trial detention until the conclusion of the judicial proceedings. Israel
has since stopped providing such data to civil society organizations despite requests sent
based on the 1998 Freedom of Information Law. 52 According to UNICEF data, the arrest of
Palestinian children has continued to increase, 53 as has the use of administrative detention.54
40.
As Israeli authorities have continued to detain children as a regular practice, this
element of the recommendation is assessed as “not implemented”.
41.
The second part of the recommendation requires that Israel ensure that child
detention undergoes judicial review on a daily basis with a view to eliminating it. Military
Order 1711 (which came into force in April 2013 and reduced the maximum period of
49
S/RES/2334(2016).
CAT/C/ISR/CO/5.
51
A/71/86, para. 24.
52
See www.militarycourtwatch.org/page.php?id=J5V0bQevz8a19020AWwFbv7lxv2.
53
A/HRC/34/36, para. 25.
54
A/HRC/34/36, para. 26.
50
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