A/HRC/31/73
the following recommendation: take all steps necessary to ensure that Palestinian children
in military custody receive the same level of care and have the same rights as provided by
Israeli criminal law to youth offenders (see A/HRC/25/15, para. 136.114).43 A rise in
Palestinian minors held by Israel has also been recorded. Some 300 of those held by Israel
at the end of October 2015 were minors, up from some 170 in September 2015.44 In the
light of the conclusion by United Nations Children’s Fund (UNICEF) in February 2013 that
“ill-treatment of children who come in contact with the military detention system appears to
be widespread, systematic and institutionalized”, 45 the rise in children in detention is
alarming. Statistics collected by a professional voluntary association indicate that practices
of night arrests, threats, physical and verbal abuse against children detained continue. 46
40.
In November 2015, there have been several severe legislative moves.47 On 2
November, the Ministry of Foreign Affairs of Israel reported that the Knesset had passed a
temporary law, to be reviewed in three years’ time, setting a minimum sentence of three
years’ imprisonment for those convicted of stone-throwing.48 On 25 November 2015 the
Knesset approved in a preliminary vote that children under the age of 14 can receive prison
sentences, upon being convicted of terrorism, to be implemented when they turn 14.49
41.
Israeli authorities have recommenced the practice of administrative detention of
children for the first time since December 2011. The Special Rapporteur has received
information in three cases concerning East Jerusalem teenagers50 held under this practice
without charge or trial. Statistics indicate another child was also under administrative
detention in October 2015, although the Special Rapporteur has not received specific
information on the case.51
42.
The Government of Israel supported the following recommendation: ensure that
administrative detention is carried out in accordance with international human rights
standards. According to figures published by an Israeli non-governmental organization, 429
Palestinians were held under administrative detention at the end of October 2015.52 The
43
44
45
46
47
48
49
50
51
52
See the annex provided by Israel (footnote 31 above).
B’Tselem, “Statistics on Palestinian minors in the custody of the Israeli security forces” (accessed on
2 December 2015).
UNICEF, Children in Israeli Military Detention: Observations and Recommendations (Jerusalem,
February 2013), executive summary.
Military Court Watch, “Comparative graph - Issues of concern”. Statistics based on testimonies
collected (accessed on 9 December 2015).
In addition to the previously reported amendment to the Penal Code adopted on 20 July 2015,
providing for up to 20 years’ imprisonment for those convicted of throwing stones or any other
objects , with intent to cause harm, at moving vehicles (see A/70/392, para. 71). The Knesset,
“Knesset approves harsher punishments for stone throwers”, press release, 21 July 2015.
The Knesset, “Knesset approves harsher punishment for rock-throwing”, 2 November 2015. It is
noted that the text mentions the maximum sentence to be 15 years, although up to 20 years
imprisonment was reported previously for throwing stones, with intent to cause harm, at moving
vehicles (ibid.). The Ministry of Foreign Affairs website links the press release to the “Security
Cabinet statement on rock-throwing” dated 24 September 2015, concerning measures against rockthrowing in Jerusalem.
The Knesset, “Approved in preliminary reading: Prison sentences for minors under 14 who were
convicted of terrorism”, 25 November 2015. The press release mentions keeping minors in
“children’s homes” until they can be sent to prison.
Defense for Children International – Palestine, “Three East Jerusalem teens held in administrative
detention”, 27 October 2015.
Military Court Watch, Newsletter, November 2015.
B’Tselem, “Statistics on Palestinians in the custody of the Israeli security forces” (accessed on 2
December 2015).
13
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