A/HRC/31/40 children arrested during the surge in violence in October 2015 — 177 according to the Palestinian NGO Addameer.30 39. This situation raises questions as to whether the detention of minors is being used only as a measure of last resort, as demanded by the Convention on the Rights of the Child. The Public Committee against Torture in Israel, an NGO, informed OHCHR that it has documented between 40 and 50 children from East Jerusalem, some as young as 12, sent to the Givon prison complex in Ramla, where conditions are reported to be poor. 40. During the reporting period, the number of Palestinian Legislative Council members in detention decreased (from 25 to 5). Yet, the case of Council Member Khalida Jarrar is emblematic of Israeli detention practices. She was arrested on 2 April 2015 and placed under administrative detention by the military commander in the West Bank. On 15 April, she was charged with a range of offences relating to membership of the Popular Front for the Liberation of Palestine and incitement to kidnapping Israeli soldiers. Her trial in the military court was monitored by diplomatic missions and human rights organizations, including OHCHR, and there are serious concerns as to its fairness. The prosecution’s evidence appears to be largely based on statements by former and current Palestinian prisoners made after interrogation by the Israel Security Agency. Two witnesses retracted their statements at the first hearing, stating they were made after ill-treatment, threats and coercion. Nevertheless, the judge maintained the original statements as evidence. At a bail hearing on 21 May, the military prosecution told the judge that even if Ms. Jarrar were to be released on bail, she would be held under administrative detention. On 7 December, she was sentenced to 15 months in prison, after she accepted a prosecution plea-deal, reportedly because she did not believe she would be given a fair trial and was concerned that her detention would never end. 41. According to official Israeli statistics, there were 429 administrative detainees (all male) at the end of October 2015, compared with 462 a year before. 31 A reduction during most of 2015 was reversed by a sharp increase in detention orders in October 2015. For the first time since December 2011, administrative detention was applied to children, with three 17-year-old boys from East Jerusalem detained without charge in mid-October for allegedly stone-throwing.32 A 16-year-old boy from Hebron was detained on 31 October 2015 on allegations of stabbing. In a rare move, three Jewish-Israeli men were also held in administrative detention following the suspected settler attack in Duma village on 31 July. 42. The use by Israel of administrative detention has been widely condemned, including by the Secretary-General and the Human Rights Committee, who called for its end (see A/HRC/28/80, para. 33).33 This practice is inconsistent with the exceptional nature of detention permitted under article 78 of the Fourth Geneva Convention. 43. Most Palestinian detainees, including administrative detainees and many children, are held in Israel. The prohibition of forcible transfer also applies to detainees to the extent that they may not be deported outside the occupied territory (arts. 49 and 76). The actions of Israel therefore constitute a grave breach of the Fourth Geneva Convention (art. 147). 30 31 32 33 Addameer, “Israeli occupation arrests 1,195 Palestinians and issues 128 administrative detention orders”, 2 November 2015. Available at www.addameer.org/news/addameer-israeli-occupationarrests-1195-palestinians-and-issues-128-administrative-detention. See www.btselem.org/administrative_detention/statistics. See www.dci-palestine.org/three_east_jerusalem_teens_held_in_administrative_detention. See also OHCHR spokesperson, press briefing, 10 April 2015. 9