Alistair Burt MP

Parliamentary Under Secretary of State

Foreign and Commonwealth Office

King Charles Street

London  SW1A 2AH

Date: August 13^th, 2013

Dear Alistair,

I am writing to you to follow up on the progress made by Israel in implementing the 40 recommendations of the Children in Military Custody report, which was published a year ago. You will remember that the report found Israel’s treatment of Palestinian children in military custody was in breach of international law, including the United Nations Convention on the Rights of the Child and the Geneva Convention.

The report found breaches of Articles 2 (discrimination), 3 (the child’s best interests), 37(b) (premature resort to detention), (c) (non-separation from adults), (d) (prompt access to lawyers), and 40 (use of shackles) of the UNCRC. It also found that the transportation of child prisoners into Israel breaches Article 76 of the Fourth Geneva Convention. I read with particular concern reports of children being shackled and subjected to substantial periods in solitary confinement. This treatment could amount to torture, which would again be in breach of international instruments.

In your reply of 10^th September 2012 to my letter about the report, you said that you had urged the Israeli authorities to act on the report’s recommendations, including ending the shackling and night-time arrests of children. Please will you tell me whether you are satisfied that the Israeli Government has followed these recommendations and taken concrete action to end practices that may amount to child torture under international law? What progress has it made on the report’s other recommendations?

I am concerned that, even when legislation is brought in to protect the rights of Palestinian children, these practices do not stop. I understand that in April of this year Israel brought in Military Order 1711, which responds to the report’s Recommendation 17 by reducing the amount of time a child may be held before seeing a judge. However, Defence for Children International Palestine has reported that this order is ineffectual, as a significant amount of mistreatment occurs in the first 48 hours after the child is arrested. What is your assessment of whether Military Order 1711 has been effective and enforced?

I am further concerned that, regardless of any reforms made, it is deeply inappropriate for children to be systematically tried by a juvenile military court, especially that of an occupying power. UNICEF’s February 2013 report on Children in Israeli Military Detention notes that this does not take place in any other country.[1] The report also states that international law, which applies in both Israel and the occupied Palestinian territories, prohibits the use of torture and other cruel, inhuman and degrading treatment or punishment under any circumstances. The prohibition is absolute and unconditional, without exceptions for “security considerations”.

I would be grateful if you could provide me with an update on any other action Israel has taken to fulfil the recommendations set out in Children in Military Custody and comply with its obligations under international human rights legislation.

I look forward to receiving your response.

Yours sincerely,

Caroline Lucas, MP, Brighton Pavilion