MCW Reports
Public Statements
Correspondence
Accountability
Litigation
Recommendations
 
Bookmark and Share
  change font size تصغير الخط تكبير الخط print
Home »

Recommendations

In accordance with international law all outstanding UN Security Council resolutions must be fully implemented resulting in the dissolution of the military courts. As an interim measure, the following six non-severable recommendations should be effectively implemented without delay. In considering appropriate interim recommendations the intention must be to avoid entrenching military occupation or facilitating a "best-practices" occupation.

#
Recommendations
Status
1
Children should only be arrested during daylight hours except in rare and exceptional circumstances. In all other cases summonses should be used.
In or about February 2014, a pilot scheme to issue summonses to limit the need for night arrests was introduced. However, in November 2017, 63 percent of children continue to report being arrested at night (51 percent in 2013) and summonses are issued in just 7 percent of cases.
2
All children, and their legal guardians, should be provided on arrest with a written statement in Arabic informing them of their full legal rights in custody.
In 2013, the military introduced forms to be given to parents of children arrested at home providing reasons for arrest and location of detention. In November 2017, this form was distributed in 19 percent of cases where children were arrested from home but no children were informed of their legal rights, verbally or in writing, at the time of arrest. 
3
All children must consult with a lawyer of their choice prior to questioning.
In November 2017, 21 percent of children reported being permitted to consult with a lawyer prior to their interrogation in accordance with their right under military law. No children were being afforded this right in 2013. 
4
All children must be accompanied by a family member throughout their questioning.
In November 2017, 4 percent of children reported being accompanied by a parent during interrogation in accordance with a discretion permitted under military law. In 2013, 3 percent of children were afforded this protection. 
5
Every interrogation must be audio-visually recorded and a copy of the tape must be provided to the defence prior to the first hearing.
In September 2014, Military Order 1745 came into effect providing for the audio- visual recording of police interrogations of minors in “non-security” related offences in the West Bank. However, around 90 per cent of cases involving minors in the military courts are “security” related. In no cases are audio-visual tapes of interrogations being provided to defence counsel prior to the first hearing. 
6
Breach of any of these recommendations should result in the discontinuation of the prosecution and the child's immediate release.
While some military judges are becoming more critical of the manner in which children are being arrested and interrogated this does not automatically result in the dismissal of proceedings - a step that is probably essential in order to ensure compliance with existing military regulations by providing consequences for non-compliance. 
 
  

 Updated: November 2017