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14419

Question 14419 — foreign policy

answeredFrance· National Assembly· FR

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1 May 2019

Summary

Ms Danièle Obono draws the attention of the Minister for Europe and Foreign Affairs to the situation of Palestinian children prisoners of the State of Israel. Every year, an average of 700 children are arrested, interrogated and detained by the Israeli army and tried by military courts. Most are accused of throwing stones, for which they can now face up to 20 years in prison. Furthermore, several minors are placed in administrative detention, an illegal and common practice among adults, but which has not been used against children since 2011. The guarantees provided for by international law are not respected: children are rarely accompanied by a parent and are not informed of their rights, in particular the right not to plead guilty, to remain silent and to be assisted by a lawyer during interrogations. Often, they sign false confessions written in Hebrew - a language they do not understand - under pressure or threat. Three-quarters suffer physical violence during their arrest, transfer or interrogation. It is a way for the Israeli army to obtain confessions and denunciations but also to maintain control and pressure on Palestinian families. UNICEF describes the mistreatment of child prisoners as “widespread, systematic and institutionalized.” From the arrest to the trial of the children, the Israeli authorities violate international laws; in particular articles 37 and 40 of the International Convention on the Rights of the Child of 1989, a legally binding text to which Israel is a state party. By transferring Palestinian prisoners minors in Israel, the authorities also violate Article 76 of the Fourth Geneva Convention. In its response to question no. 95509, published on October 11, 2016, the French government assured to “remind Israel that the conditions of detention of Palestinian detainees, especially when they are minors, must comply with the obligations provided for by international conventions. » Nevertheless the State of Israel continues its actions in contravention of its obligations. What about the current Government? In view of its obligations and its role in promoting respect for human rights and international law around the world, France must set up visits by diplomats to Israeli prisons during juvenile hearings, in accordance with the European Union (EU) guidelines on children's rights; send a observation mission to Israel in order to monitor the application of the French recommendations expressed during the 2013 Universal Periodic Review and the recommendations of the UN Committee against Torture of May 13, 2016, in particular the end of administrative detention as practiced by Israel and guarantees such as audio-video recording of interrogations and the presence of a parent and a lawyer during interrogations ; place the issue of Palestinian prisoners at the heart of bilateral discussions with Israel - France-Israel and EU-Israel - and future international conferences on the Israel-Palestine issue. She would like to know what steps the French State plans to take among those mentioned above.

Machine translation from French. The official text remains authoritative.

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