New Military Order comes into effect

29 August 2012, Defence for Children International - Palestine Section http://www.dci-palestine.org (Palestine)
newsletter@dci-palestine.org

On 1 August, Military Order 1685  came into effect. The new order reduces the time within which children  detained by the Israeli military must be brought before a military court  judge for the first time. The order shortens the time from eight to four  days. This amendment applies to adults and children as young as 12 years. The  amendment does not automatically apply in cases where a person is being  interrogated by the Israeli Security Agency (ISA or Shin Bet).

Some key points to note regarding these changes are as  follows:

Military Order 1685 has not been translated into Arabic as is required  under Article 65 of the Fourth  Geneva Convention, and accordingly has no legal effect. Previous military  orders relating to the establishment of a military juvenile court (2009) and  the age of majority (2011) have yet to be translated into  Arabic.

No explanation has been given as to why more favourable time limits apply  to Israeli children, including children living in settlements in the West  Bank. Under the law that is applied to Israeli children, a child below the  age of 14 must be brought before a civilian judge within 12 hours of arrest,  rising to 24 hours in the case of older children. Under international law, no  state is entitled to discriminate between  those over whom it exercises penal jurisdiction on the basis of their race of  nationality.

The critical period for children detained under Israeli military law is  during the first 48 hours after arrest. It is during this period that most  cases of abuse  are documented and the child is interrogated without the benefit of legal  advice or the presence of a parent – rights Israeli children enjoy. The  amendment which now requires children be brought before a military court  judge within 96 hours of arrest adds no additional protection.

DCI-Palestine continues to recommend that:

The Israeli government desists from applying discriminatory legal systems  to children based on race or nationality.

On arrival at a place of detention, children should be immediately  reminded of their right to silence. Their right to consult a lawyer prior to  interrogation should be respected.

Children should have a parent or guardian present prior to and during  their interrogation.

Interrogations should be audio-visually recorded and the tapes should be  made available to the child’s lawyer.

Breach of these recommendations should result in the discontinuation of  the prosecution and the child’s release.

Related links:

Children in Military  Custody - Report by a group of prominent British lawyers (June 2012)
DCI-Palestine - Bound, Blindfolded and Convicted (April 2012)
B’Tselem – No Minor Matter (July 2011)