MCW Reports
Public Statements
Bookmark and Share
  change font size تصغير الخط تكبير الخط print
Home »

MCW advocates for the effective implementation of six non-severable recommendations. Progress made in their implementation is recorded in the following table.
Children should only be arrested during daylight hours except in rare and exceptional circumstances. In all other cases summonses should be used.

In 2021, 59 percent of children reported being arrested at night. Summonses in lieu of night arrests were used in 2 percent of cases.

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 2021, a form was distributed in 53 percent of cases where children were arrested from home but this form does not include information about the child’s legal rights while in custody.
All children must consult with a lawyer of their choice prior to questioning.
In 2021, 24 percent of children reported being permitted to consult with a lawyer prior to their interrogation in accordance with their right under military law.
All children must be accompanied by a family member throughout their questioning.
In 2021, no children reported being accompanied by a parent during interrogation in accordance with a discretion permitted under military law.
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 2021 there was no requirement for audio- visual recording of interrogations in “security offences” involving minors in the West Bank. In no cases are tapes of interrogations being provided to defence counsel prior to the first hearing.
Breach of any of these recommendations should result in the discontinuation of the prosecution and the child's immediate release.
While some military judges have been critical of the manner in which children are arrested and interrogated this does not automatically result in the dismissal of proceedings – a step that is probably essential in order to ensure compliance with existing military regulations.

 Updated: September 2022