Recommendations
MCW advocates for the effective implementation of six non-severable recommendations. Progress made in their implementation is recorded in the following table.
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#
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Recommendations
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Status
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1
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Children should only be arrested during daylight hours except in rare and exceptional circumstances. In all other cases summonses should be used.
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In 2021, 59 percent of children reported being arrested at night. Summonses in lieu of night arrests were used in 2 percent of cases. |
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2
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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.
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In 2021, a form was distributed in 53 percent of cases where children were arrested from home but this form does not include information about the child’s legal rights while in custody.
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3
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All children must consult with a lawyer of their choice prior to questioning.
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In 2021, 24 percent of children reported being permitted to consult with a lawyer prior to their interrogation in accordance with their right under military law.
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4
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All children must be accompanied by a family member throughout their questioning.
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In 2021, no children reported being accompanied by a parent during interrogation in accordance with a discretion permitted under military law.
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5
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Every interrogation must be audio-visually recorded and a copy of the tape must be provided to the defence prior to the first hearing.
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In 2021 there was no requirement for audio- visual recording of interrogations in “security offences” involving minors in the West Bank. In no cases are tapes of interrogations being provided to defence counsel prior to the first hearing.
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6
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Breach of any of these recommendations should result in the discontinuation of the prosecution and the child's immediate release.
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While some military judges have been critical of the manner in which children are 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.
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Updated: September 2022
