CAT/C/ISR/CO/4
page 8
Supreme Court to examine the facility were rejected and that the Supreme Court has found that
Israeli authorities acted reasonably in not conducting investigations on allegations on torture and
ill-treatment and poor detention conditions in the Facility.
The State party should ensure that no one is detained in any secret detention facility
under its control in the future, as a secret detention center is per se a breach of the
Convention. The State party should 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