The methods of detention and interrogation discussed in this paper damage the mental and physical wellbeing of the child or adolescent, and usually break his or her will to endure the interrogation process. Although each and every one of the detention and interrogation procedures mentioned above can, by itself, be considered CIDT, the cumulative impact of these conditions, or even part of them, can constitute torture.
The systematic conduct of the Israeli security forces suggests that the main objective behind the arrests and detention of Palestinian children and adolescents is not the investigation of facts related to the perpetration of an alleged offence but rather is politically-motivated. The reliance of the military and civilian courts on the confessions of children and adolescents – as well as adults – despite a clear awareness of the harsh arrest and interrogation procedures used against them which frequently amount to torture and/or cruel, inhuman and degrading treatment, is also evidence of a systemic and politically-motivated effort to suppress the Palestinian population.
It is the position of Physicians for Human Rights-Israel, Adalah and Al-Mezan that Israel should end its arbitrary detention of Palestinian children and adolescents, and immediately put in place adequate safeguards against false and coursed confessions to protect the rights of Palestinian children during interrogations. Safeguards should include the following: summoning children and adolescents for interview with the security forces instead of arresting them during the night; conducting interrogations with children and adolescents using only specialist interrogators trained in the interrogation of children; making audio-video recordings of interrogations of children and adolescents in their entirety; and ensuring the presence of a lawyer and a parent during interrogations of children and adolescents.
The law must ensure that no child or adolescent is convicted solely on the basis of a confession, and courts must disqualify confessions obtained children and adolescents that were obtained in violation of their rights, and/or in the absence of the aforementioned safeguards. In addition, all complaints of the torture and/or CIDT of a child during interrogation must be the subject of an impartial, independent and effective investigation, followed by the criminal prosecution of anyone found to have perpetrated these acts.
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