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pain caused by multiple injuries allegedly inflicted through torture.73 Israeli authorities had
previously announced that he died of a heart attack, although this statement was
subsequently withdrawn.74 International human rights obligations towards all Palestinian
detainees and prisoners in Israeli custody must be fully respected, including the absolute
prohibition on torture.
56.
By 30 April 2013, there were 236 Palestinian children in Israeli detention, 44 of
whom were under the age of 16.75 Data collected by UNICEF through affidavits76 and
reports of victims collected by OHCHR show that the rights of Palestinian children were
often violated by Israel. Thirty per cent of children reported being aggressively taken into
custody in the middle of the night by armed Israeli soldiers. Night arrests are deeply
traumatic for children, as they are akin to military operations and often include smashed
windows and shouted verbal threats. Few children or parents were informed where the
child was being taken, why or for how long. Parents were not allowed to accompany them,
and 87 per cent of children were not informed of their right to legal counsel. Ninety-one per
cent of children were painfully handtied and blindfolded and subjected to physical violence,
including beating, slapping, kicking and/or verbal abuse during the journey to interrogation
and detention.
57.
Twenty-two per cent of children stated that during interrogations they had been
threatened with death, physical violence, solitary confinement and sexual assault, against
themselves or a family member. In the majority of cases, the principal evidence against a
child was the child’s own admission of guilt, often elicited through a document drafted in
Hebrew, a language they cannot understand.77 According to UNICEF, ill-treatment of
Palestinian children in the Israeli detention system is widespread, systematic and
institutionalized.78 There are serious concerns that such treatment and combination of
practices may, in some cases, amount to torture, as defined by article 1 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Such
practices would also violate the Convention on the Rights of the Child (art. 37) and
international humanitarian law.79 Israeli authorities have stated that they will work towards
the implementation of the UNICEF recommendations regarding children in military
detention.80
73
74
75
76
77
78
79
80
16
http://www.alhaq.org/advocacy/topics/right-to-life-and-body-integrity/677-14-palestinian-and-israeliorganisations-condemn-lack-of-accountability-for-torture-against-palestinian-detainees
http://www.haaretz.com/news/diplomacy-defense/autopsy-shows-palestinian-prisoner-died-fromtorture-says-pa-chief-pathologist-1.505545
These numbers only include security prisoners. Information provided by B’Tselem.
Through the Monitoring and Reporting Mechanism on grave violations of children’s rights in
situations of armed conflict, see http://www.unicef.org/protection/57929_57997.html. During the
reporting period, UNICEF collected the affidavits of 23 boys arrested and detained by Israeli
authorities.
UNICEF, Children in Israeli Military Detention: Observations and Recommendations, Jerusalem,
2013, p. 13, available at:
http://www.unicef.org/oPt/UNICEF_oPt_Children_in_Israeli_Military_Detention_Observations_and
_Recommendations_-_6_March_2013.pdf.
Ibid.
Articles 32 and 76 of the Geneva Convention relative to the Protection of Civilian Persons in Time of
War (Convention IV).
http://embassies.gov.il/UnGeneva/NewsAndEvents/Pages/Israel-to-collaborate-with-UNICEF-toimplement-recommendations-Mar2013.aspx
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