Solitary Confinement

Since 2016, Israeli authorities held at least 178 Palestinian children in solitary confinement for interrogation purposes.

Israeli authorities routinely detain Palestinian children in isolation solely for interrogation purposes, a practice that amounts to torture or cruel, inhuman, or degrading treatment or punishment.

Between January 1, 2016 and December 31, 2022, DCIP documented the solitary confinement of 178 Palestinian children for a period of two or more days during a period of interrogation. Children were held for an average period of 16.5 days.

Palestinian children are typically subjected to solitary confinement following a military arrest and transfer by Israeli authorities. While in isolation, these children experience minimal human contact and commonly report significantly worse cell conditions than in other periods of detention.

The solitary confinement of Palestinian children within the Israeli military detention system takes place almost exclusively during pre-charge and pre-trial detention. Evidence collected by DCIP overwhelmingly indicates that it is practiced solely to obtain a confession for a specific offense or to gather intelligence under interrogation. DCIP has found no evidence of the legally justifiable use of solitary confinement of Palestinian children. 

International law prohibits the use of solitary confinement and other practices constituting cruel, inhuman or degrading treatment against children. The practice of solitary confinement, in addition to corporal punishment, placement in a dark cell, or any other punishment that may compromise the physical or mental health of the child may, in some cases, amount to torture.

Administrative Detention

In 2015, following a three-year suspension of the practice, Israeli authorities began arresting and detaining children under administrative detention.

Administrative detention is a form of imprisonment without charge or trial. Children held under administrative detention orders are never presented with charges, and their detention is based on secret evidence that is neither disclosed to the detainee nor the detainee’s attorney. Therefore, children held in administrative detention and their attorneys have no legal means of challenging the detention and the alleged basis for it. This amounts to a denial of a fundamental due process right.

Military court judges, who are active duty or reserve officers in the Israeli army, have the authority to approve administrative detention orders lasting up to six months. There is no limit to the number of times an administrative detention order can be renewed. As a result, children held in administrative detention face the added uncertainty of indefinite imprisonment, in addition to the ordinary struggles child prisoners face.

According to Israel Prison Service (IPS) data, an average of two Palestinian children are held pursuant to administrative detention orders each month.

East Jerusalem

On June 28, 1967, Israel captured and carried out a de facto annexation of East Jerusalem, a move unrecognized by the international community.

Consequently, children in East Jerusalem are generally subject to the Israeli Youth Law, which theoretically applies equally to Palestinian and Israeli children. However, evidence collected by DCIP clearly demonstrates that Israeli authorities implement the law in a discriminatory manner, denying Palestinian children in East Jerusalem of their rights from the moment of arrest to the end of legal proceedings.

In 2015, the Israeli Knesset passed a law enabling Israeli authorities “to imprison a minor convicted of serious crimes such as murder, attempted murder or manslaughter even if he or she is under the age of 14.” The actual serving of the sentences would be deferred until the children reach the age of 14. Israel’s civilian criminal justice system previously prohibited custodial sentences against children under 14 in accordance with international juvenile justice standards. 

For Palestinian children living in the occupied West Bank, Israeli military law already allows for any person 12 years and older to be imprisoned. Under both Israeli civilian law and Israeli military law, the minimum age of criminal responsibility is 12 years old.

Other amendments to the Israeli penal code in 2015 included stricter penalties in mandatory sentencing laws such as a 10-year sentence for throwing a stone or other object at traffic, without intent to cause injury, and 20 years for throwing a stone or other object at traffic with intent to cause injury. While the 20-year maximum sentencing existed prior to 2015, the word “stone” was added to specifically target Palestinian children.

The Knesset also instituted mandatory minimum sentences of no less than one-fifth of the potential maximum sentence and amended the national insurance law to deprive children convicted of “nationalistic-motivated” offenses and “terrorist activities” from social benefits during their imprisonment. Another amendment allowed juvenile courts to fine the families of children convicted of offenses under Israel’s penal code, such as stone throwing, up to 10,000NIS (US$2,950).

Recommendations

Children should not be tried in military courts under any circumstances.

In no circumstance should children be detained or prosecuted under the jurisdiction of military courts. The Government of Israel should end the practice of arresting and prosecuting Palestinian children from the occupied West Bank.

As a minimum safeguard while Palestinian children continue to be arrested and prosecuted within the Israeli military court and detention system, Israeli authorities must respect and ensure basic due process rights and the absolute prohibition against torture and ill-treatment. 

From the moment of arrest, operations and procedures must be carried out in accordance with international juvenile justice standards, specifically the U.N. Convention on the Rights of the Child, including: 

• Detention must only be used as a last resort, and only for the shortest appropriate time.

• Children must not be subjected to physical or psychological violence.

• Children must have access to legal consultation and parents prior to and during interrogations.

• Children must only be detained during daylight hours.

• Children must be properly informed of their right to silence.

• Children must not be blindfolded or painfully restrained.

• Children must not be subjected to coercive force or threats.

• All interrogations must be audio-visually recorded.

• Any incriminating evidence obtained during an interrogation where a child was not properly and effectively informed of his or her right to silence must be excluded by the military courts.

• Any statement made as a result of torture or ill-treatment must be excluded as evidence in any proceeding.

• The practice of using solitary confinement on children in Israeli military detention, whether in pretrial detention for interrogation purposes or as a form of punishment, must be stopped immediately and the prohibition must be enshrined in law.

• The practice of using administrative detention orders against Palestinian children must stop immediately and the prohibition must be enshrined in law.

• All credible allegations of torture and ill-treatment must be thoroughly and impartially investigated in accordance with international standards, and perpetrators brought promptly to justice.

• Children must not be transferred out of the occupied West Bank in violation of the Fourth Geneva Convention.