limited access to Israeli education, which uses a different curriculum than
the Palestinian Authority and therefore puts them at a distinct disadvantage
upon release. These infringements upon Palestinian children’s rights have a
hugely detrimental impact on their mental and physical health and ability to
function after release, often leading to an inability to continue schooling.251
This has prompted UNICEF to declare that this amounts to cruel, inhuman,
or degrading treatment of Palestinian child prisoners, which is prohibited by
the CRC and the CAT,252 and that this ill-treatment “appears to be widespread,
systematic and institutionalized.”253 .
Palestinian children are tried in military courts where they are afforded fewer
rights and basic fair trial guarantees.254 Evidence or confessions extracted
through torture are admissible in court, in violation of Article 15 of the CAT,
and indeed prosecutors often rely on these confessions to convict the child.255
Their appearance in court is usually the first time these children see lawyers
or family. Most children plead guilty in these courts because it results in
less prison time.256 It is therefore unsurprising that 99 percent of cases tried
in the military courts result in conviction.257 Finally, until 2011, Palestinian
children were tried as adults at age 16, while Israelis, in concordance with
international law, are tried as adults at 18. In September 2011 Military Order
1676 raised the majority age of Palestinians to 18,258 yet children of 16 may
still be held with adults.259
“I was imprisoned for 11 days after being arrested from my home in the
middle of the night. I was taken to a detention center first, and then to Ofer
Prison. Every single day I was summoned in the morning for interrogation
to Etzion detention center [south of Bethlehem] and then sent back to
Ofer in the evening. I couldn’t even attend my trials in court as I was in
interrogation.
251 Addameer, Imprisonment of Children, op. cit., February 2016
252 UNICEF, Children in Israeli Military Detention, Observations and Recommendations, February 2013
pages 9-10. Available at: http://www.unicef.org/oPt/UNICEF_oPt_Children_in_Israeli_Military_
Detention_Observations_and_Recommendations_-_6_March_2013.pdf
253 Ibid, page 13
254 DCI Palestine, No Way to Treat a Child: Palestinian Children in the Israeli Military Detention System,
op. cit., April 2016, page 17
255 DCI and OMCT, Ill-treatment and torture of Palestinian Children in Israeli Military Detention and Use
of Excessive Force by Israeli Forces, op. cit., 27 March 2016, page 2
256 DCI Palestine, Military Detention, op. cit.
257 DCI Palestine, No Way to Treat a Child: Palestinian Children in the Israeli Military Detention System,
op. cit., April 2016, page 1
258 UNICEF, Children in Israeli Military Detention, Observations and Recommendations, February
2013 page 8. Available at: https://www.unicef.org/oPt/UNICEF_oPt_Children_in_Israeli_Military_
Detention_Observations_and_Recommendations_-_6_March_2013.pdf
259 Addameer, Imprisonment of Children, op. cit., February 2016
69
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