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S t a t e o f I s r a e l

M i n i s t r y o f J u s t i c e
The Human Rights and Foreign Relations Department
__________________________________________________________
29 Tzalach A-Din St., P.O.B. 49029, Zip Code 91490 Tel. 02-6466569 Fax. 02-6261862
E-Mail: International@justice.gov.il
Adar 20, 5772
March 14, 2012
Ref: 1021
Dear Sir/Madam,
Re: Arrests and Detention of Palestinian Minors Involved in Terrorism
Including Solitary Confinement
We received your enquiry regarding the above and would like to address your
concerns, according to information forwarded to us by the relevant authorities:
Minors' Involvement in Hostilities
Unfortunately, there are Palestinian minors who choose to take part in the armed
struggle against Israel. For that purpose, they express their willingness to take part in
suicide homicidal and other terrorist activities as described below.
Some of these Palestinian youth are recruited by Palestinian terrorist organizations
through the promise that they will become martyrs ("shaheed") if they die during
terrorist attacks. Most of the minors are recruited in order to commit suicide attacks
which require fewer skills than shootings, infiltrations, etc.
Since the early years of the current upspring (from 2000), the average age of suicide
bombers has been gradually declining. For example, Palestinian minors were arrested
by Israeli forces due to involvement in suicide bomb attacks, Molotov cocktails
throwing, stone throwing and stabbing, grenades throwing, use of explosives,
shooting, use of explosive cars, transfer of weapons, kidnapping of a person, rocket
launching, as well as assault and murder.
The Department for International Agreements
and International Litigation
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Interrogation and solitary confinement of Minors
Interrogation of minors, both male and female, is conducted according to the law and
to procedures of the Police and the Israeli Security Agency (ISA). These whilst taking
great care of preserving female detainees' dignity and modesty.
The Policeand the ISA does not use isolation as an interrogation technique or as
punishment or coercing method in order to exert confessions out of minors. There are
certain cases in which an interogatee will be held alone for several days at most, in
order to prevent information in his/her possession from leaking to other terrorist
activists in the same detention facility and impairing their interrogation. Note that
even in these cases, the interogatee is not held in solitude, but is entitled to meet
with Red Cross representatives, medical and prison staff etc.
According to the law, minors are held separately from adult prisoners. Holding a
minor in a cell alone is done only in exceptional cases where the minor is threatening
to harm him/herself or others, and according to the Israeli Prison Service (IPS)
procedures.
Positive Updates
On September 29, 2009, a Juvenile Military Court was established in the West Bank,
following the issuance of the Security Provisions Order (Temporary Order)
(Amendment No. 109) 5769-2009 (hereinafter "the 2009 Order") by the Israeli
Defense Force (IDF) commander in Judea and Samaria on July 29, 2009. This Order
was issued towards guarantying adequate and professional care of minors-detainees,
while separating them from adult detainees and in order to set additional privilege for
minors and children. The Order was prolonged and is currently valid until September
29, 2012. During this period, the implementation of the Order shall be examined, and
its continuation and expansion will be analyzed.
Another significant issue stressed in the 2011 Order is the raising of the minority
age in the West Bank to 18 years instead of 16. This amendment is of great
importance, due to the fact that it raises the level of protection given to minors in the
The Department for International Agreements
and International Litigation
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West Bank and adds new provisions regarding parent notifications, questioning rights
etc.
The Juvenile Military Court
The main Provisions regarding the operation of the Juvenile Military Court (the 2009
Order and the 2011 Order):
Appointment of Attorney - According to Section 46K of the 2009 Order, the
Juvenile Military Court is authorized to appoint a lawyer for a minor, if it is
considers it to be in the minor's best interest. The Military Courts do not avoid
appointing a defense attorney funded by the Civil Administration. They do this
not only in severe cases, but also in minor cases where there is no obligation to
appoint a defense attorney. The key data that should be noted is that in 99.9%
of the cases, the accused is represented by a defense attorney.
Access of Parents to the trial- According to the 2009 Order, the Juvenile
Military Court is authorized to instruct that a minor's parents will be present in
every hearing in his/her regard (Section 46L(a)). Moreover, according to the
Amendment, the parents have the right to act on behalf of the minor by filing
applications, questioning of witnesses and pleading together with or instead of
the minor (Section 46L(b)).
Notification to Parents or other relatives regarding the minor's investigation or
arrest - In accordance to Section 4 of the 2011 Order, Section 136 of the 2009
Order will be supplemented by three sections: Section 136A titled "Notice of
investigation of a minor suspect or of his arrest", Section 136B titled
"Questioning of a minor suspect without notification to his parent or another
relative" and Section 136C titled "Notification to a minor suspect of his rights,
before his questioning". According to Section 136A, when a minor who is
suspected of having committed an offense or a minor suspect has been
arrested, the Police shall notify his/her parent as soon as possible and after
having informed the minor that he/he intends to do so. If it is not possible to
The Department for International Agreements
and International Litigation
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locate the minor's parent after reasonable effort has been made, the Police
shall notify another adult relative or an adult person known to the minor. The
provision mentions several exceptions such as in cases where the minor
refuses to such notification and in consideration to his/her age and maturity,
and provided that such notice shall be given to another relative.
Section 136B, details the cases in which the Police shall not give such
notification: if the notification might harm the physical or mental wellbeing of
the minor, cause obstruction of the investigative processes or endanger the
security of the region. If eight hours have elapsed since the minor's arrival at
the Police Station, notification shall be given to the minor's parent without
delay.
According to Section 136C, Prior to the questioning of a minor suspect, the
investigator shall notify the minor, in a language that he/she understands,
considering his/her age and his/her degree of maturity, of his/her right to
consult with a lawyer in private, in addition to the investigator's obligations
under any law regarding a suspect minor.
Yours Sincerely,
Assaf Radzyner, Adv.
Cc: Hila Tene-Gilad, Adv.

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