investigate and disclose the existence of any other such facility and the authority under which it has
been established. It should ensure that all allegations of torture and ill-treatment by detainees in
Facility 1391 be impartially investigated, the results made public, and any perpetrators responsible for
breaches of the Convention be held accountable.
Juvenile detainees
(27) While noting the State party’s argument that several measures are being implemented to ensure children’s
rights, including the preparation of a draft bill on the establishment of a new youth court, the Committee remains
concerned at the differing definitions of a child in Israel - where legal age is attained at the age of 18 - and in the
occupied Palestinian territories - where legal age is attained at 16. The Committee notes the State party’s
explanation that Palestinian juveniles under age 18 are treated as minors when imprisoned within the State of Israel.
Nonetheless, it expresses deep concern at reports from civil society groups that Palestinian minors are detained and
interrogated in the absence of a lawyer or family member and allegedly subjected to acts in breach of the
Convention in order to obtain confessions. The Committee is further concerned by the allegations that
approximately 700 Palestinian children annually were charged under military orders and prosecuted by Israeli
military courts and that 95 per cent of these cases have relied on confessions as evidence to obtain a conviction.
Military order No. 132 should be amended to ensure that the definition of minor is set at the age of 18,
in line with international standards.
(28) The Committee also notes with concern that all but one of the prisons where Palestinian juveniles are
detained, are located in Israel, which hinders prisoners from receiving family visits, not only because of the
distances, but also since some relatives have been denied necessary permits for security reasons, in 1,500 out of
80,000 cases, according to the State party and more often according to non-governmental sources.
The State party should ensure that juvenile detainees are afforded basic safeguards, before and during
interrogations, including prompt access to an independent lawyer, and independent doctor and family
member from the outset of their detention. Furthermore, the State party should ensure that cases
against juveniles are not decided solely on the basis of confessions, and that the establishment of a
youth court is completed as a matter of priority. In addition, every effort should be made to facilitate
family visits to juvenile detainees, including by expanding the right to freedom of movement of
relatives.
Use of force or violence during military operations
(29) Notwithstanding the ongoing indiscriminate rocket attacks against civilians in southern Israel which
reportedly provoked Israel to exercise its right to defend its population by launching operation “Cast Lead” against
Hamas in the Gaza Strip, the Committee is concerned over the insufficient measures taken by the State party to
protect the civilian population of the Gaza Strip and to prevent the harm, including many hundreds of deaths, of
Palestinian civilians, including minors, caused as a result of the Israeli military operation. A report of nine
United Nations experts describes civilians, including medical workers–16 having allegedly been killed and
25 injured while on duty. As confirmed by Israeli investigators, there were severe effects on civilians as a result of
Israeli weaponry containing phosphorus, although it was reportedly aimed to create smoke screens or uncover tunnel
entrances in Gaza. Notwithstanding the State party’s argument that this weapon is not banned by international
humanitarian law and was not aimed at personnel, the Committee is concerned about its use in a densely populated
area and the severe pain and suffering that this weapon caused, including deaths of persons who reportedly could not
be duly treated at hospitals in Gaza, which were unable to provide palliative services for several reasons, including a
lack of proper knowledge of the weaponry employed, as well as being used as headquarters, command centres and
hiding places for Hamas attacks.
The State party should conduct an independent inquiry to ensure a prompt, independent and full
investigation into the responsibility of state and non-state authorities for the harmful impact on
civilians, and to make the results public.
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