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Recommendations

In accordance with international law all outstanding UN Security Council resolutions must be fully implemented resulting in the dissolution of the military courts. As an interim measure, the following six non-severable recommendations should be effectively implemented without delay. In considering appropriate interim recommendations the intention must be to avoid entrenching military occupation or facilitating a "best-practices" occupation.

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Recommendations
Status
1
Children should only be arrested during daylight hours except in rare and exceptional circumstances. In all other cases summonses should be used.
In 2017, 62 percent of children reported being arrested at night (53 percent in 2016). A pilot scheme to issue summonses in lieu of night arrests introduced in 2014 was utilized in 7 percent of cases in 2017 (2 percent in 2016). In cases where summonses were used and complied with the levels of reported abuse were generally significantly lower.
2
All children, and their legal guardians, should be provided on arrest with a written statement in Arabic informing them of their full legal rights in custody.
In 2017, 29 percent of children arrested from home reported that a document with details about their arrest was provided (39 percent in 2016). As in previous years these forms do not include information about the child’s rights while in custody.
3
All children must consult with a lawyer of their choice prior to questioning.
In 2017, 16 percent of children reported being allowed to consult with a lawyer prior to interrogation (12 percent in 2016). Most children continue to see their lawyer for the first time in a military court after interrogation. Under Israeli military law a detainee must be informed of his/her right to consult with a lawyer on arrival at a police station.
4
All children must be accompanied by a family member throughout their questioning.
In 2017, 8 percent of children reported being accompanied by a family member throughout their questioning (6 percent in 2016). Whilst there is no legal right under Israeli military law for a parent to accompany a child during interrogation, the military authorities have acknowledged that there is a discretion to permit parents to accompany children. 
5
Every interrogation must be audio-visually recorded and a copy of the tape must be provided to the defence prior to the first hearing.
In 2017 MCW did not document a single case in which an interrogation was audio-visually recorded and a copy of the tape was provided to the defence prior to the first hearing. In September 2014, MO 1745 came into effect providing for the audio-visual recording of interrogations involving minors in "non security" cases. However, the overwhelming majority of children are accused of "security offences".
6
Breach of any of these recommendations should result in the discontinuation of the prosecution and the child's immediate release.
Although military court judges are now being more critical of how children are treated in some cases, evidence obtained in breach of these recommendations is routinely relied on to obtain a conviction.
 
  

 Updated: June 2018