A/HRC/31/42
was reportedly up by some 1,000 persons compared with September 2015.17 During the
escalation of tension and violence in the Occupied Palestinian Territory in October 2015,
there was a spike in arrests of Palestinians. In October alone, the Israeli security forces
arrested 1,195 Palestinians, including 177 children and 16 females. 18
29.
During the reporting period, several Palestinian detainees in Israeli detention went
on hunger strike in protest against administrative detention and the treatment to which they
were being subjected. In July 2015, the Knesset approved the “prevention of damage by
hunger-strikers bill”, which would allow the head of the Israel Prison Service to submit a
motion to a district court and request permission to force-feed a prisoner on hunger strike.
Should a judge rule that force-feeding is permitted in a particular case, medical personnel
could feed persons on hunger strike against their will, and use force to do so (see A/70/406,
para. 42).
30.
Using threats, coercion, force or physical restraints to feed individuals who have
opted to adopt the extreme measure of going on hunger strike in protest against their
detention is, even if intended for their benefit, tantamount to cruel, inhuman and degrading
treatment.19 Prisoners have the right to resort to peaceful protests. The Secretary-General
has consistently called for persons in administrative detention to be formally charged or
released without delay (see A/HRC/28/43, para. 6). The use of administrative detention
under international humanitarian law is allowed under exceptional circumstances and for
short periods of time only.
31.
In relation to the military detention of children, the working group on grave
violations against children, which is led by the United Nations Children’s Fund (UNICEF),
has gathered 24 affidavits (sworn testimonies) of children aged between 14 and 17 years
reporting ill-treatment by the Israel Defense Forces, the Israeli police, the Israel Border
Police, the Israel Security Agency and the Israel Prison Service while in Israeli security
detention in the West Bank, including East Jerusalem. Of the children who submitted
affidavits, 16 boys reported being subjected to at least 10 different types of violations,
including painful hand-ties, leg-ties, blindfolding, strip-searching, verbal abuse, physical
violence, the absence of notification of their rights and the absence of a lawyer or parent
during interrogation. Two children reported being held in solitary confinement for 6 and 14
days respectively, in Al-Jalame and Petah Tikva detention centres in Israel.
32.
In addition, 17 of the 24 boys were transferred outside the West Bank to detention
facilities inside Israel (Hasharon and Megiddo), in contravention of the Fourth Geneva
Convention.20 As reported by the Special Rapporteur on the situation of human rights in the
Palestinian territories occupied since 1967, an estimated 60 per cent of Palestinian child
detainees from the Occupied Palestinian Territory are held in prisons and detention
facilities inside Israel, in violation of article 76 of the Fourth Geneva Convention (see
A/HRC/28/78, para. 59).
33.
Since publishing “Children in Israeli military detention: observations and
recommendations” in March 2013, UNICEF has been engaged in a dialogue with the Israeli
authorities on the implementation of its recommendations. UNICEF reported that, in
17
18
19
20
8
centres and several prisons within Israel, in contravention of the Fourth Geneva Convention (see
para.4 above).
See http://www.addameer.org/sites/default/files/publications/october_2015_newsletter.pdf.
Ibid.
Office of the United Nations High Commissioner for Human Rights, “UN experts urge Israel to halt
legalization of force-feeding of hunger-strikers in detention” (28 July 2015).
See www.unicef.org/oPt/UNICEF_-_State_of_Palestine_Second_quarter_of_2014_CAAC_bulletin_-_Final(1).pdf.
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