The report reveals for the first time official data on treatment of Palestinian minors in Israeli military court system in the West Bank: 93% of all minors convicted of stone throwing were given jail sentences. The report shows how that the rights of these minors are violated severely throughout the criminal justice process.
This report describes the encounter minors suspected of stone throwing experience with law enforcement agencies, and the breach of their rights. Chapter One presents the legal background: the rights of minors in criminal proceedings as prescribed in international law, Israeli law, and military legislation. Chapter Two offers statistics on the number of minors who have been tried in recent years on charges of stone throwing, and the penalties imposed on them. Chapter Three, the principal section of the report, discusses the breaches of the rights of Palestinian minors suspected of stone throwing – from the time they are arrested, through the police interrogation, remand until the end of the proceedings, trial, imprisonment, and release. The report concludes with a list of actions that must be taken to ensure the rights of Palestinian minors arrested by security forces are protected:
- set the age of minority in the military legislation to conform with the age of minority in Israel and the rest of the world immediately;
- prohibit night arrests of minors;
- restrict interrogations to daytime hours, with parents present, and give minors the opportunity to consult with an attorney in an orderly manner that respects the minors’ rights;
- prohibit the imprisonment of minors under the age of 14;
- promote alternatives to detention and find solutions offering alternatives to imprisonment;
- establish educational programs in all prisons and offer study opportunities in all subjects to minimize the harm to the minors’ studies while they are detained and imprisoned;
- facilitate the issuing of permits to visit minors who are incarcerated.
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