A/HRC/22/63 enforcement experienced by Palestinians is largely a matter of political will. Between 90 to 95 per cent of cases against Palestinians are investigated and go to court. 44. The failure to conduct effective investigations and prosecutions of settler violence impedes Palestinians‘ access to an effective remedy. This is compounded by the multiple barriers presented to Palestinians by the court system, including time, cost, language and procedural barriers coupled with inadequate notification of relevant orders and declarations. Fear and lack of confidence in the courts also act as deterrents to seeking redress. Palestinians are also significantly limited from seeking compensation from the State of Israel for certain conduct by its agents pursuant to the Civil Torts (Liability of the State) Law 2005, as amended in 2012. 45. The Supreme Court of Israel sitting as the High Court of Justice does not offer Palestinians a clear avenue for recourse. The High Court has consistently deferred to the Government of Israel on matters relating to the settlements, and has rendered the question of the legality of the settlements non-justiciable. While on occasion the Court has found in favour of Palestinian petitioners, it has both substantially limited its oversight role and provided a legal space in which the settlements have been developed. Additionally, where judicial rulings have favoured the Palestinian petitioners, there is a consistent lack of enforcement of them. 46. Palestinians in the Occupied Palestinian Territory endure a discriminatory application of a military court system that does not comply with international standards of fair trial and administration of justice.26 In testimony to the mission, a witness explained that ―two individuals in the West Bank may commit the same offence. One is investigated by the police in the West Bank and brought before a military court, and can be detained up to eight days without seeing a judge. The Israeli who has done the same is investigated and brought before a civilian judge, and enjoys all the safeguards of a modern criminal process. Both face different penalties. The prevailing legal systems in Occupied Palestinian Territory translate into stark inequality before the law. 47. Palestinians are routinely subject to arbitrary arrest and detention, including administrative detention, mass arrests and incarceration. It is estimated that more than 700,000 Palestinians, including children, have been held in Israeli military detention since the beginning of the occupation, many in prisons located within Israel. 27 In 2012, approximately 4,100 Palestinians were in Israeli military detention, of whom 143 were aged between 16 and 18 years, and 21 were below 16 years old.28 It is well documented that the military court system does not ensure Palestinians basic fair trial guarantees, including minimum standards of independence, clear evidentiary or procedural rules, the presumption of innocence or the duty to hear witnesses or examine all material evidence. 48. Most children are arrested at friction points, such as villages near settlements or on roads used by the army or settlers and that run by a Palestinian village. From point of arrest, they face multiple violations of their rights to liberty and security and fair trial through interrogation, arbitrary detention and abuse, trial and sentencing. Approximately 90 per cent of children plead guilty and are given custodial sentences. The mission heard testimony that ―in short, pleading guilty is the quickest way out of the system, whether the 26 27 28 See CCPR/CO/78/ISR, para. 12, and CCPR/C/ISR/CO/3, para. 7. A/HRC/7/17, para. 45. See also B‘Tselem, ―Statistics on Palestinians in the custody of Israeli security forces‖ (2008 to 2012). B‘Tselem, ―Statistics on Palestinians‖ (see footnote 27). 11