Detention Bulletin July 2010
General detention figures
July 2010 • 284 children detained • 18 aged 12-15 • 2 children in administrative detention • 0 girls in detention
Ofer Military Court, Occupied Palestinian Territory – photo credit: A. Tritt
‘I sit alone and cry because of what has happened to me.’ M.M. (14 years) – (Detained Ofer Prison)
CONTENTS
July 2010 - overview There were 284 Palestinian children detained in Israeli prisons and temporary detention centres at the end of July 2010. This represents a decrease of seven children (two percent) from the previous month. Out of this total, there were 18 young children aged 12-15 detained at the end of July 2010. This represents a decrease of five children (22 percent) compared with the previous month.
At the end of July 2010, there were two boys being held in administrative detention (UA 3/10), without charge or trial. There are currently no Palestinian girls in Israeli detention facilities. On 29 July 2010, the UN Human Rights Committee issued recommendations which included calling on Israel to refrain from prosecuting children in military courts and detaining children without charge or trial in administrative detention.
General detention figures 12 to 15 year olds Girls in detention
450 400 350 300
Administrative detention Recent case summaries Other developments Recommendations
250
2008
200
2009
150
2010
100 50 0
Jan Feb Mar Apr May Jun
Caption describing picture or
Jul Aug graphic. Sep Oct Nov Dec
Number of Palestinian children in Israeli detention: Jan 2008 - Jul 2010
Page 1
DCI-Palestine ● Detention Bulletin, Issue 7● July 2010
Each year approximately 700 Palestinian children, some as young as 12 years, are detained and prosecuted in the Israeli military court system.
JULY 2010 IN FIGURES
Total
The most common charge is for throwing stones. The overwhelming majority of these children are detained inside Israel in contravention of Article 76 of the Fourth Geneva Convention. Total number of Palestinian children in Israeli detention at the end of each month figures since Jan 2008 - Note: These figures are not cumulative
According to the latest compiled by DCI-Palestine from sources including the Israeli Prison Service (IPS) and Israeli army detention facilities, there were 284 Palestinian children (12-17 years) detained in Israeli prisons and temporary detention facilities inside Israel and the OPT, at the end of July 2010. All of these children were prosecuted in military courts.
12-15 year olds DCI-Palestine remains concerned at the number of young children (1215 years) being prosecuted in Israeli military courts and receiving custodial sentences served inside Israel. At the end of July 2010, 18 children in this age category were being held in Israeli detention facilities, a decrease of five children compared with the previous month.
Girls in detention As of 31 July 2010, there were no Palestinian girls being held in Israeli detention facilities.
Administrative detention DCI-Palestine remains concerned that Israeli authorities have returned to the practice of imprisoning children without charge or trial in administrative detention. On 26 June 2010, Moatasem Nazzal (UA 3/10) was issued with a second administrative detention order for three months. Moatasem has now been held without charge or trial since 20 March 2010. Please continue to send Urgent Appeals on his behalf. Page 2
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Aver.
2008
327
307
325
327
337
323
324
293
304
297
327
342
319
2009
389
423
420
391
346
355
342
339
326
325
306
305
355
2010
318
343
342
335
305
291
284
317
Number of young (12-15) Palestinians in Israeli detention at the end of each month since January 2008 - Note: These figures are not cumulative Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Aver.
2008
38
40
45
39
37
34
33
21
23
23
25
30
32
2009
50
54
53
47
39
47
42
39
40
44
41
42
44
2010
44
41
39
32
25
23
18
32
Number of Palestinian girls in Israeli detention at the end of each month since January 2008 - Note: These figures are not cumulative Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Aver.
2008
2
3
3
4
3
6
6
5
6
6
5
7
4.7
2009
5
7
6
6
6
5
4
3
3
0
0
0
3.8
2010
0
0
0
1
0
0
0
0.1
Number of Palestinian children held in Israeli administrative detention at the end of each month since January 2008 - Note: These figures are not cumulative Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Aver.
2008
18
3
13
12
10
13
13
13
11
8
5
6
10
2009
5
6
2
2
1
1
1
1
1
1
1
0
1.8
2010
0
0
2
2
2
2
2
1.4
DCI-Palestine â—? Detention Bulletin, Issue 7 â—? July 2010
Case summaries
K.S. Lawyers and fieldworkers for DCIPalestine collect sworn affidavits On 1 July 2010, a 16-year-old boy is arrested by soldiers at 3:00am and accused of throwing from Palestinian children in prison stones: and upon their release. Soldiers arrest K.S. from the family home in Beit Ummar, near Hebron - hands tied behind his These affidavits are taken in Arabic back and blindfolded - transferred to Etzion Interrogation and Detention Centre between and further reviewed by trained Hebron and Bethlehem - made to sit outside on the ground until the afternoon staff to determine appropriate interrogated by three police interrogators - accused of throwing stones and setting fire to tires - denied accusations - slapped twice across the face - no lawyer or family member follow up action. present - interrogator informed K.S. that three other boys had confessed against him Each year, around 100 of these maintained his innocence - detained in Etzion for 12 days with adults and children affidavits are translated into English transferred to Ofer Military Court in a vehicle without windows - journey took two hours and from which these brief case the vehicle was very hot - pleaded guilty - sentenced to five months imprisonment and a fine of 1,000 NIS (US$260)* - detained in Ofer with adults and children - maintains he is summaries are produced. innocent. Additional case summaries are * GDP per capita (2008) – US$1,331 (Source: Passia 2010) available upon request. M.M.
‘Then, one of the soldiers grabbed my hand and was about to drag me out of the house when my mother stood in front of him but he pushed her hard and kept dragging me out.’ W.A. (17 years)
*** MEDIA REPORTS
5 June 2009 - The Independent 30 June 2009 - Time 28 May 2010 - Haaretz 30 May 2010 - AlJazeera 10 June 2010 - Haaretz 14 June 2010 - Haaretz 1 July 2010 - Haaretz 3 July 2010 - Haaretz 12 July 2010 - ABC Radio 25 July 2010 - Haaretz 8 August 2010 - Haaretz 9 August 2010 - Haaretz 11 August 2010 - Haaretz
***
On 20 July 2010, a 14-year-old boy is arrested by soldiers at 2:00am and accused of throwing stones: Soldiers arrest M.M. from the family home in the Al Aroub Refugee Camp, near Hebron hands tied with plastic ties and blindfolded - placed in a military vehicle and surrounded by soldiers - one soldier pointed his assault rifle at M.M.'s head, whilst another soldier beat M.M. on his shoulder with his weapon - transferred to Etzion Interrogation and Detention Centre - brief medical exam conducted by a woman - M.M. complained of asthma and feeling dizzy - woman placed her hand on his genitals and squeezed saying 'does this hurt?' - feelings of shame - detained in a cold place whilst blindfolded - interrogated remained tied - accused of throwing stones - beaten with assault rifle - 'I was so scared I had to confess' - interrogated in the absence of a lawyer and family member - detained in Ofer Prison awaiting sentencing - 'I sit alone and cry because of what happened to me.'
W.A. On 27 July 2010, a 17-year-old boy with a heart condition is arrested by soldiers at 1:30am: Soldiers arrest W.A. from the family home in Hebron - W.A.'s mother tells the soldiers that her son is sick with a heart condition and that it would be dangerous for his health to be taken away, but she is told to 'shut up' - 'Then, one of the soldiers grabbed my hand and was about to drag me out of the house when my mother stood in front of him, but he pushed her hard and kept dragging me out' - hands tied behind his back and made to run for 150 metres - blindfolded - placed inside a military jeep and tied to a seat with a belt around his stomach - hit painfully in the back with an assault rifle - soldier stepped on W.A.'s foot for about 30 seconds causing pain - slapped six or seven times across the back of the neck - 'I was very scared and tense and expected to be hit at any minute ... I kept shivering and my heart was beating very fast' - asked for a drink of water and water was poured down his T-shirt whilst people laughed - arrived at an unknown location and was made to sit tied up on the ground for four hours - exhausted and in pain - asked by a soldier how he was feeling and taken to see a doctor for an examination - shortly after being examined by a doctor W.A. was transferred to Hadassa Hospital in Jerusalem hands and feet tied to a bed and guarded by border policeman.
If you wish to take action, then please consider lobbying your elected representatives and demand that pressure be applied on Israeli authorities to cease the practice of mistreating and prosecuting Palestinian children as young as 12 in military courts, and detaining them inside Israel.
Independent experts review Israel’s compliance with UN Covenant On 29 July 2010, the UN Human Rights Committee issued Concluding Observations after reviewing the State of Israel’s compliance with the Covenant on Civil and Political Rights (CCPR) earlier in the month. Compliance by parties to the Covenant is reviewed every four years by the Committee, which consists of 18 independent and internationally recognised experts. After again confirming the applicability of the Covenant to the OPT (West Bank, East Jerusalem and the Gaza Strip), the Committee
*** URGENT APPEALS
made a number of statements specifically in relation to children:
Israel should refrain from holding criminal proceedings against children in military courts, or detaining them without charge under administrative detention orders;
UA 1/10 – Al Jalazun UA 2/10 – Detention in Israel UA 3/10 – Admin. Detention
Expressed concern at consistent allegations of torture and ill-treatment; and
Expressed concern that children are interrogated in the absence of parents or close relatives and a lawyer, and the interrogations are not audio-visually
*** VOICES FROM THE OCCUPATION
Voices – Nadeem and Jihad Voices – Sexual assault Voices – 7-year-old summonsed Voices – Confession in Hebrew ***
For further information please read DCI-Palestine’s latest report on Palestinian child prisoners:
recorded. The Committee recommends a guaranteed right that all proceedings involving children be audio-visually recorded. This is now the second time in 12 months that a UN committee has expressed concern at reports of torture and ill-treatment of Palestinian children held in Israeli detention facilities. In May 2009, after receiving written and oral reports from representatives from the Israeli Ministries of Justice and Foreign Affairs and Israeli and Palestinian civil society, the UN Committee Against Torture issued Concluding Observations expressing ‘deep concern’ at reports that Palestinian children were being interrogated in the absence of family members and lawyers, and coerced into providing confessions. Since these remarks by the UN Committee Against Torture, DCI-Palestine has collected a further 100 sworn affidavits from children who report being mistreated during their arrest and detention in the Israeli military court system.
Recommendations No child should be prosecuted in military courts which lack comprehensive fair trial Palestinian Child Prisoners: The systematic and institutionalised illtreatment and torture of Palestinian *** children by Israeli authorities The Detention Bulletin is a monthly publication produced by Defence for Children International-Palestine Section. To subscribe, go to www.dci-pal.org
and juvenile justice standards. DCI-Palestine recommends that as a minimum safeguard in the light of consistent reports of mistreatment and torture, that the Israeli authorities: 1.
Ensure that no child is interrogated in the absence of a lawyer of their choice and family member;
2.
Ensure that all interrogations of children are audio-visually recorded;
3.
Ensure that all evidence suspected of being obtained through ill-treatment or torture be rejected by the military courts;
For further information contact an advocacy officer at ria@dci-pal.org
4. Ensure that all credible allegations of ill-treatment and torture be thoroughly and impartially investigated and those found responsible for such abuse be brought to justice.
Page 4
DCI-Palestine ● Detention Bulletin, Issue 7 ● July2010