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58 Exact figures on the number of Palestinian children detained each year by Israeli authorities are not published by the Israel Prison Service (IPS). The estimate of 500-700 children is based on figures provided by the IPS of the number of children in prison facilities at the end of each month, and the best estimate of DCI-Palestine lawyers who appear weekly in the military courts and conduct regular prison visits. In January 2012, DCI-Palestine lowered its estimate from 700 children per year to reflect the reduction in the monthly detention figures issued by the IPS during the reporting period.
59 Youth Law – Section 9J. Confirmed by B’Tselem in February 2012.
60 B’Tselem, ‘No Minor Matter: Violation of the Rights of Palestinian Minors Arrested by Israel on Suspicion of Stone Throwing’ (July 2011), page 29.
61 Notification and reasons for arrest – Children should be given reasons, at the time of arrest, and parents or legal guardians, should be informed of the arrest within the shortest possible time thereafter, in a language understood by the child and the parents. See: ICCPR – Articles 9(1) and (2); and the Beijing Rules – Rule 10.1.
62 Haaretz, “Shin Bet turns to Arabic after inadvertently summoning 7-year-old Palestinian,” 25 July 2010. Available at: http://www.haaretz.com/print-edition/news/idf-mistakenly-summons-7-year-old-palestinian-boy-to-shin-betinterrogation-1.299266 63 Interview conducted by DCI-Palestine with lawyer Iyad Misk, on 29 February 2012. The Israeli NGO, Hamoked, also operates a service to locate detainees when families are unaware of their whereabouts.
64 The primary sources for this guarantee and safeguard are: ICCPR – Articles 9(1) and (2); and the Beijing Rules - Rule 10.1.
65 Military Order 1676.
66 United Nations Convention Against Torture – A Commentary, Nowak and McArthur, 2008 – Pages 62, 66, 542, 551, 557, 559 and 566 to 568.
67 International Criminal Tribunal for the Former Yugoslavia, Prosecutor v Brdjanin, Case No. IT-99-38-T, Trial Chamber, 1 September 2004 – Paragraphs 83 to 484.
68 The Guardian, ““Israeli doctors ‘failing to report torture of Palestinian detainees” - (3 November 2011) – Available at:
http://www.guardian.co.uk/world/2011/nov/03/israeli-doctors-report-torture-palestinian 69 The primary sources for this norm are: The Beijing Rules – Rule 5.1 and commentary; and the UN Standard Minimum Rules for the Treatment of Prisoners (1955) – Rule 45(2).
70 At the time of publication, the places of detention most commonly used to interrogate Palestinian children from the West Bank are: Gush Etzion police station (West Bank settlement); Ari’el police station (West Bank settlement);
Huwwara interrogation centre (West Bank military base); Salem interrogation centre (West Bank military base);
Ofer prison (West Bank); Al Jalame interrogation centre (Israel); Petah Tikva interrogation centre (Israel); and Al Mascobiyya interrogation centre (Israel).
71 Authority for the proposition that lawyers and parents should be present during interrogations and proceedings should be audio-visually recorded can be found from the following sources: CRC – Article 40(2)(b)(ii) and (iv); UN Committee on the Rights of the Child, General Comment No. 10 – Paragraph 58; ICCPR – Article 14(3)(b); UN Human Rights Committee, General Comment No. 20 – Paragraph 11; UN Human Rights Committee, Concluding Observations, Israel (29 July 2010), ICCPR/C/ISR/CO/3 – Paragraph 22; CAT – Article 2; UN Committee against Torture, General Comment No. 2 – Paragraph 14; and the UN Committee against Torture, Concluding Observations, Israel (14 May 20), CAT/C/ISR/CO/4 – Paragraphs 15, 16, 27 and 28.
72 In the Israeli civilian legal system, interrogations are audio-visually recorded in all cases other than security offences where the maximum penalty is 10 years or more – Criminal Procedure (Suspects Interrogation) Law (2002) – Sections 4 and 17. There is no requirement to audio-visually record interrogations in security offences.
| Bound, Blindfolded and Convicted 73 Military Order 1676 – Article 136(c).
74 Military Order 1651 – Article 56(A).
75 Military Order 1651 – Article 33(D) (1).
76 See Military Order 1651 – Article 58(C) – The “Supervisor of Interrogation” may prevent a detainee meeting with a lawyer for a period of up to 15 days. Under Military Order 1651 – Section 58(D) – the “Permitting Authority” may extend the initial 15 day period by another 15 days, and the period may be further extended by 30 days by a judge and another 30 days by the “President of the Court” up to a total period of 90 days (Section 59).
77 Military Order 1676 – Section 136 a and b.
78 In a judgment of the President of the Military Court of Appeals, Colonel Aharon Mishnayot, the President suggested that the “spirit” of the Israeli civilian Youth Law applies to children in the military courts, including all its additional protections. This decision is interesting in that it appears to be uniformly ignored by all the judges of the military court on a daily basis: Mil. Ct. App. (Judea and Samaria) 2912/: “Although the provisions of Amendment No. 14 to the Youth Law do not apply in the Region, it is impossible to ignore their spirit or the principles underlying the protection of a minor’s rights, even if he is suspected of committing offenses, and dominant weight must be given to the supreme principal of the best interest of the minor, as stated in the proposed law. Ultimately, a minor is a minor is a minor, whether he lives in a place where Israeli law applies in its entirety, or in another place, where, although Israeli law does not apply in its entirety, it is subject to the significant influence of the Israeli legal system [...] Amendment No. 14 includes, as aforesaid, also restrictions on the interrogation of minors. These are restrictions that should be implemented, in principle, in every properly administered court, even where there is no explicit legislative requirement. I am referring primarily to the prohibition on interrogation late at night and the right of the minor to have a parent or other relative present during the interrogation, who can take action to realize the minor’s rights.” 79 DCI-Palestine, Voices from the Occupation, Yahia A. – Available at: http://www.dci-palestine.org/documents/voices-occupation-yahia-detention 80 PHR-Israel, Coerced False Confessions: The Case of Palestinian Children (July 2011) – Available at: http://www.phr.
org.il/default.asp?PageID=116&ItemID=1323; The New York Times, Why do innocent people confess? David K.
Shipler, 23 February 2012 – Available at: http://www.nytimes.com/2012/02/26/opinion/sunday/why-do-innocentpeople-confess.html?_r=1 81 The Guardian, The Palestinian children – alone and bewildered – in Israel’s Al Jalame jail, 22 January 2012 – Available at: http://www.guardian.co.uk/world/2012/jan/22/palestinian-children-detained-jail-israel 82 Al Jalame – 100 professionals speak out against the use of solitary confinement on children, 30 January 2012 – Available at: http://www.dci-palestine.org/sites/default/files/ejcf_letter-jan_30.pdf 83 Interim report of the Special Rapporteur of the Human Rights Council on torture and other cruel, inhuman or degrading treatment or punishment, 5 August 2011, A/66/268. Available at: http://www.dci-palestine.org/sites/ default/files/sr_report_aug_2011_solitary_confinement.pdf 84 See also DCI-Palestine, Urgent Appeal (UA 1/12) – Solitary Confinement, 5 January 2012. Available at: http://www.
dci-palestine.org/sites/default/files/ua_1-12_-_solitary_confinement.pdf ; and B’Tselem and Hamoked, Kept in Darkness: Treatment of Palestinian Detainees in the Petah Tikva Interrogation Facility of the Israel Security Agency (October 2010). Available at: http://www.btselem.org/publications/summaries/201010_kept_in_the_dark 85 Pursuant to Article 147 of the Fourth Geneva Convention, wilfully depriving a protected person of the rights of a fair and regular trial is a grave breach of the Convention and attracts personal criminal responsibility. Further, under Article 146, all parties to the Convention have a positive legal obligation to search out and prosecute those responsible for grave breaches.
86 Military Order 1685 will reduce the period of time within which a person, including a child, has to be brought before a military court judge following arrest from eight days down to four days. In contrast, Israeli children, including those living in the settlements, must be brought before a judge within 12 hours, for children under 14 years, and 24 hours, for children 14 years and above. This order is scheduled to come into effect on 1 August 2012.
89 ACRI, Case Briefing Document: “Minor A’ from Nabi Saleh (2012) – Available at: http://www.acri.org.il/en/wp-content/uploads/2012/02/Minors.pdf 90 Haaretz (29 November 2011) – Available at: http://www.haaretz.com/print-edition/news/nearly-100-of-all-military-court-cases-in-west-bank-end-in-conviction-haaretz-learns-1.398369 91 Military Order 1651 – Articles 1 and 191.
92 Military Order 1651 – Articles 1, 136 and 168.
93 On 27 September 2011, General Avi Mizrahi, the Israeli military commander in the occupied West Bank, issued Military Order 1676 partially raising the age of majority in the military courts from 16 to 18 years. This amendment does not apply to the provisions relating to sentencing.
94 Military Order 1676 – Article 136b(c) – A child must be notified that he has the right to consult with a lawyer, but this right can be suspended for up to 90 days in “security” related offences - See Military Order 1651 – Article 58(C).
95 Military Order 1685 will reduce the time period during which a person has to be brought before a military court judge from eight to four days. The order will come into effect on 1 August 2012.
96 Military Order 1651 – Articles 58(C) and (D), 59(B) and (C).
97 Military Order 1651 – Articles 32(A), 37 and 38.
98 Military Order 1651 – Article 44(A). The two year period can be extended by a judge of the Military Court of Appeals.
99 Fourth Geneva Convention – Articles 42 and 78; and ICCPR – Article 4.
100 CRC – Article 37(b); and ICCPR – Article 9.
101 Military Order 1651 – Sections 273(A) and 285(A) (as amended by Military Order 1591).
102 Fourth Geneva Convention – Article 78.
103 UN Committee against Torture, Concluding Observations (Israel), 14 May 2009, paragraph 17 – CAT/C/ISR/CO/4.
104 UN Human Rights Committee, Concluding Observations (Israel), 29 July 2010, paragraph 7 – CCPR/C/ISR/CO/3.
105 Criminal Procedure (enforcement powers – Arrests) (conditions of detention) Regulations – 1997.
106 Education for Palestinian children up to grade 10 (16 years) is compulsory and the curriculum consists of 13 subjects: Religious education; Arabic; English; Maths, Science; Technology/computer; National education; Civic education; History; Geography: Health and environment or home economy; Art; and Physical education. Palestinian children who remain in school beyond grade 10 are divided into a scientific or art stream. Each stream consists of nine subjects which are studied for a further two years and culminate in the Tawjehe exam.
107 Mohammad Frehat and ors v Israeli Prison Service (1997) 400/97.
108 Megiddo prison.
109 Ofer, Salem, Al Jalame, Huwwara, Ma’ale Adumim, Etzion, Kiryat Arba, Al Mascobiyya, Pitah Tikva and Ari’el.
110 Note there are currently no Palestinian child female detainees in Israeli detention.
111 Criminal Procedure (Enforcement Powers – Arrests) Law (1996) – Section 9; Criminal Procedure (enforcement powers – Arrests) (conditions of detention) Regulations – 1997; and IPS Order No. 04.44.00 – Section 1.
112 Youth (Trial, Punishment and Modes of Treatment) (the Conditions of Minor›s detention in group home) Regulations 1976 – Section 9.
| Bound, Blindfolded and Convicted 113 On 13 July 2009, lawyers for DCI-Palestine collected an affidavit from a 13-year-old boy, N.M., who reported that on 2 June 2009 he was beaten by soldiers at Huwwara checkpoint causing his head to bleed. He was later taken to Huwwara Interrogation and Detention Centre and examined by a doctor: “A doctor came and asked me some questions. He filled out a questionnaire concerning my health. The doctor saw the marks on my body, especially the wound to my forehead which was bleeding at the time. I asked for his help but he refused to help me.” 114 Criminal Procedure (enforcement powers – Arrests) (conditions of detention) Regulations – 1997 – Regulation 16.
On 9 September 2008, lawyers for DCI-Palestine collected an affidavit from a 14-year-old boy, F.D., who reports that he was beaten during his arrest and transfer. On arrival at Ofer prison, he was taken to the clinic: ‘I told the doctor that the soldier who had arrested me had beaten me on my hand. The doctor said “I had nothing to do with that.”’ The doctor then proceeded to fill out a questionnaire form. On 13 July 2009, lawyers for DCI-Palestine collected an affidavit from a 15-year-old boy, I.S., who reports that on 1 March 2009, he and other child detainees, were beaten by prison guards in Telmond Prison (Israel), during a prison disturbance. After he was beaten, I.S. recalls that his hands were then tied behind his back: ‘When he finished tying me, I wanted to go and sit with the others when a security officer approached me holding a big stick. He hit me hard on my head and I fell to the ground. I immediately stood up and wanted to rush and sit with the other three when the security guard put his leg in my way. I tripped and fell on the ground on my face. I severely wounded my forehead and started bleeding. While still bound they took me to the clinic because of the extreme pain in my head and dizziness. I felt I was about to faint.