Similar to detainment and arrest, situations of search and interrogation also entail many dangers for violations of the most basic human rights – from the right to privacy to the right to due process and the right to dignity. A clear line must be drawn
between situations in which the injury to rights is performed legally and with authority – as an essential part of the process of search or interrogation – and situations in which the police or military are overstepping their authority and abusing their power in an arbitrary manner. For example, when they do not inform the person being investigated of the right to silence during interrogation, or when they use search as a means for pressure or intimidation.
Search
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House seizures by security forces are legal only if they are carried out on the basis of a valid seizure order, signed by the brigade commander, a division commander, or the regional commander (hereafter: the military commander).
The order must state the length of time in which the seizure is allowed, as well as a clear identification of the house or part of the house to be seized
Before seizing the house by the military, a copy of the order must be provided to the house owner or its residents. The order must be provided enough time in advance, so that the owners or residents will be able to act in order to cancel it (i.e. to file a dispute of the decision)
Seizing a house without a valid seizure order, or without alerting its residents enough time in advance, under circumstances that are not emergency operational circumstances – is prohibited
“House seizure” for a few hours for the purpose of rest, sleep, or any other purpose, under the pretext that this is a “search,” cannot be included in the aforementioned security purpose and constitutes a severe breach of authority and an offense
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House searches are an activity that severely injures the rights of the persons living in that house – to privacy, dignity, and property.
A house search can only be conducted when it is required for security reasons or for maintaining public order; for example, for the purpose of locating military equipment or wanted persons
A house search with the entire purpose of a “show of force” or a “routine check” is a wrongful and illegal use of the special and sensitive authorities granted to the military
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A soldier may take a person's identity card only for specific and limited purposes, such as ensuring this person's appearance at a certain location.
If an ID has been taken from an individual, it is required to provide that individual with a substitute document, which includes all of his or her identifying details (name, ID number, region of residence, expiry date of the substitute document). This document must also include all details pertaining to the taking of the ID card: date and reason; place and time for returning the card; and the full name and personal (military) number of the soldier who took the card
It is obligatory to return the card to its ownerimmediately after the reason for its procurement was cancelled and in any case no later than 96 hours after taking it
Violation of these regulations constitutes an offense
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Interrogation
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At the beginning of an interrogation, the investigating officer must inform the person being interrogated of the suspected violations, the right to remain silent during the interrogation, and the right to consult with an attorney
If the interrogated person has an alibi (he or she was not present at the scene of the crime), they should state this at the earliest possible moment, at the start of the interrogation
Persons being interrogated have the right to be questioned in their native language or another language that they understand
At the end of the interrogation, the person being interrogated has the right to read the transcript of the interrogation drawn up by the investigating officer. The transcript should be written in the language in which the interrogation was conducted, but in practice this does not always happen. If the transcript is not in language that the interrogatee understands, they may refuse to sign it and to write down that the reason for refusing is that they do not understand content of the transcript
If the interrogation is conducted at unusual hours of the day, or lasts for an unusually long period, the interrogated person is entitled to request a break for rest
If during the interrogation the officers used force or threats against the interrogated person, or if there were other exceptional circumstances, it is important to note this and to request that these details be written down in the interrogation transcript
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According to the martial law that is applicable to Palestinians in the Occupied Territories, a minor is anyone under the age of 16 (despite that the conventional age for minors is 18 years)
The interrogation of a minor must be conducted by an officer who is trained in juvenile interrogation
Despite the silence of martial law on this issue, ACRI's position is that the investigating authorities must: allow a parent or other relative to be present during the interrogation; not conduct interrogations of minors during nighttime; and document the interrogation using video or audio recording
For further information regarding the law that applies in the Occupied Territories with regards to the rights of minors during interrogation and in the criminal process in general, read ACRI's legal analysis of the case of A., a minor from the village of Nabi Saleh.
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Here you will find a list of addresses to turn to in cases of such violations.
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