Detention Bulletin

November 2011
DETENTION FIGURES 161 children detained ( 7 %) 33 aged 12-15 ( 10 %) RECENT DEVELOPMENTS The Australian Stone cold justice Haaretz Military courts achieve 99 percent conviction rate Palestinian child prisoners debated in UK parliament Urgent Appeal Release Palestinian child detainees UNICEF appeals for the release of all 164 Palestinian child detainees Motion in UK parliament appealing for release of Palestinian child detainees In their own Words: A report on the situation facing Palestinian children detained in the Israeli military court system (July 2011)
Ofer prison. Photo credit: Sylvie Le Clezio

November 2011 Overview

This month saw an increase in the number of children prosecuted in the Israeli military courts and imprisoned. The detention figures rose by seven percent (11 children) compared with the previous month. During the same period, the number of young children (12-15 years) in detention also increased by 10 percent (three children). This is the first increase in the detention figures in eight months. On 26 November, The Australian newspaper published a report on children in the Israeli military court system. The paper was granted access to Ofer military court on three occasions, but its request to photograph the leg chains placed on young children was refused. On 28 November, the issue of children as young as 12 years being prosecuted in Israeli military courts was raised in a debate in the UK parliament on the Middle East. During the course of the debate, one Member of Parliament described it as an absolute disgrace that many of these children are in prison simply for throwing stones. Other issues of concern raised during the debate included: The excessive use of pre-trial detention where around 90 percent of children are denied bail; and the transfer of Palestinian children out of occupied territory to prisons inside Israel, in violation of Article 76 of the Fourth Geneva Convention.

CONTENTS
12 to 15 year olds Girls in detention Administrative detention Recent case summaries Other developments Recommendations
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500 400 300 200 100 0 Jan Feb Mar Apr May Jun
Caption describing picture or graphic.

2008 2009 2010 2011

Jul Aug Sep Oct Nov Dec

Number of Palestinian children in Israeli detention: Jan 2008 Nov 2011

DCI-Palestine Detention Bulletin, Issue 23 November 2011

November 2011 IN FIGURES

Each year approximately 700 Palestinian children, some as young as 12 years, are detained and prosecuted in the Israeli military court system. 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 since Jan 2008 - Note: These figures are not cumulative
Jan 2008 2009 2010 2011 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Aver.

Total
According to the latest figures compiled by DCI-Palestine from sources including the Israeli Prison Service (IPS) and Israeli army temporary detention facilities, there were 161 Palestinian children (12-17 years) in Israeli detention at the end of November 2011. This represents an increase of 11 children (7%) from the previous month.

327 389 318 222

307 423 343 221

325 420 342 226

327 391 335 220

337 346 305 211

323 355 291 209

324 342 284 202

293 339 286 180

304 326 269 164

297 325 256 150

327 306 228 161

342 305 213 -

319 355 289 197

12-15 year olds

In November there was an increase in the number of young children (12-15 years) being prosecuted in Israeli military courts and receiving custodial sentences in prisons inside Israel. As at the end of November, there were 33 young children in detention, an increase of three children (10%) from the previous month.

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 2008 2009 2010 2011 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Aver.

38 50 44 34

40 54 41 45

45 53 39 45

39 47 32 37

37 39 25 38

34 47 23 38

33 42 18 40

21 39 20 34

23 40 32 35

23 44 34 30

25 41 32 33

30 42 30 -

32 44 31 37

Girls in detention
There are currently no Palestinian girls being held in Israeli detention facilities.

Number of Palestinian girls in Israeli detention at the end of each month since January 2008 - Note: These figures are not cumulative
Jan 2008 2009 2010 2011 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Aver.

2 5 0 1

3 7 0 0

3 6 0 0

4 6 1 0

3 6 0 0

6 5 0 0

6 4 0 0

5 3 0 0

6 3 0 0

6 0 0 0

5 0 1 0

7 0 1 -

4.7 3.8 0.3 0.1

Administrative detention
There are currently no Palestinian children being held without charge or trial in Israeli administrative detention.

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 2008 2009 2010 2011 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Aver.

18 5 0 1

3 6 0 0

13 2 2 0

12 2 2 0

10 1 2 0

13 1 2 0

13 1 2 0

13 1 2 0

11 1 2 0

8 1 2 0

5 1 2 0

6 0 1 -

10 1.8 1.6 0.1

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DCI-Palestine Detention Bulletin, Issue 23 November 2011

Urgent Appeals
UA 6/11 Children of BeitUmmar UA 5/11 Prisoner exchange UA 4/11 Children of Azzun UA 3/11 Settler violence UA 2/11 Children of Silwan UA 4/10 Children of the Gravel

Rasheed J. (16 years) On 4 November 2011, a 16-year-old boy from Haris village, near Nablus, in the occupied West Bank, is arrested by Israeli soldiers: On 2 November, Israeli soldiers arrived at Rasheed's house to arrest him but he was not home - His family was told that Rasheed should turn himself in at Zufin settlement - On 4 November, Rasheed went to Zufin settlement with his uncle to turn himself in - His hands were immediately tied with a single tie behind his back and blindfolded - placed on the floor of a military vehicle where he waited for about five hours - Taken inside Zufin settlement - after five hours he was untied and the blindfold was removed to be replaced with handcuffs and shackles - transferred to Al Jalame interrogation and detention centre near Haifa, inside Israel - strip searched on arrival - interrogated - made to sit in a low chair with his hands tied to the chair - first interrogation lasted two hours taken to Cell No. 36 - windowless cell - held in solitary confinement for 13 days Interrogated for a second time several days later - Rasheed was again tied to a chair interrogated for approximately four hours followed by repeated interrogation sessions on successive days - accused of making homemade grenades and throwing stones confessed to throwing stones - confessed because he was threatened and exhausted verbal abuse - spat on - denied toilet breaks - After 19 days Rasheed was transferred to Megiddo prison, also inside Israel and in violation of Article 76 of the Fourth Geneva Convention. Salah N. (17 years) On 11 November 2011, a 17-year-old boy from Jenin, in the occupied West Bank, is arrested inside Israel without a permit: Salah entered Israel in search of work to support his family - Due to hunger, a lack of work and money he gave himself into the police - He was immediately handcuffed and shackled and taken to Tabariya police station - Requested food and water but was refused - interrogated - verbal abuse: Your mother and sisters are whores, - Taken outside and beaten whilst still tied and shackled causing his mouth to bleed Threatened: We will beat you to death if you ever come back. - Transferred to Al Jalame interrogation centre - Strip searched on arrival - Placed in solitary confinement for three days - Four days later transferred to Megiddo prison - taken to Salem military court where he met his lawyer for the first time - sentenced to one month and one day in prison. Bashar M. (12 years) On 20 November 2011, a 12-year-old boy from East Jerusalem is arrested by Israeli forces at 5:00 am and accused of throwing stones:

Voices from the Occupation

Voices Nadeem and Jihad Voices Sexual assault Voices 7-year-old summonsed Voices Confession in Hebrew Voices The cost of settlements Voices - Prison visits Voices House arrest, no school Voices Electric shocks Voices Electric shocks Voices Silwan, East Jerusalem Voices Silwan, East Jerusalem Voices Silwan, East Jerusalem Voices Admin. Detention Voices Silwan, East Jerusalem Voices Silwan, East Jerusalem Voices Taken to a settlement Voices Silwan, East Jerusalem Voices Silwan, East Jerusalem Voices Silwan, East Jerusalem Voices Silwan, East Jerusalem Voices Silwan, East Jerusalem Voices Silwan, East Jerusalem Voices 9-year-old arrested Voices 12-year-old from Azzun Voices Boy from Qalandiya Voices Denial of medicine Voices Use of dogs Voices 16-year-old from Azzun Voices 15-year-old from Azzun Voices 13-year-old from Azzun Voices 16-year-old Beit Ummar Voices Solitary confinement

Case summaries
Lawyers and fieldworkers for DCIPalestine collect sworn affidavits from Palestinian children in prison and upon their release. These affidavits are taken in Arabic and further reviewed by trained staff to determine appropriate follow up action. Each year, around 100 of these affidavits are translated into English from which these brief case summaries are produced. Additional case summaries are available upon request.

Soldiers arrived at the house at 5:00 am - They refused to show Bashar's father the arrest warrant , he was told he could see it in court - Bashar's hands were tied behind his back with a single plastic tie and his shirt was placed over his eyes as a blindfold - Placed on the floor of a vehicle - verbally abused and slapped across the face on the journey to Al Mascobiyya interrogation centre - On arrival at Al Mascobiyya, Bashar was made to sit facing a wall, still tied and blindfolded, until 8:00 am - he reports being cold - Taken for interrogation - His father was initially present but was removed when he rejected the accusation that his son had thrown stones at Israeli settlers - Once the father left the room the interrogator slapped Bashar hard across the face causing him to fall over - The interrogator then picked him up by the hair - The interrogator told Bashar that if he confessed he could go home but if he did not, he would go to prison for a very long time - Bashar became very scared and so confessed to throwing stones at a military jeep The interrogator then printed out documents written in Hebrew which Bashar signed.

Media Archive: 2009-2011

The Independent Time BBC BBC Radio Haaretz AlJazeera Haaretz Haaretz Haaretz ABC Radio (Australia) Haaretz Haaretz Haaretz Haaretz Haaretz Haaretz CNN AFP Haaretz Channel 2 (Israel) Haaretz Jerusalem Post AFP Haaretz Politics.Co.UK Haaretz MEP UK MP Haaretz Aljazeera Palestine Note BBC Aljazeera The Guardian IRIN The National The Economist The Independent The Independent The Guardian Middle East Monitor UNICEF New Statesman Huffington Post The Psychoanalytic Reporter The Australian Haaretz Haaretz

Children in solitary confinement Total prohibition now On 18 October 2011, the UN Special Rapporteur on Torture called for an end to the practice of placing detainees in solitary confinement as well as a complete ban on its use for juveniles. Considering the severe mental pain or suffering solitary confinement may cause, Mr. Mndez warned, it can amount to torture or cruel, inhuman or degrading treatment or punishment when used as a punishment, during pretrial detention, indefinitely or for a prolonged period, for persons with mental disabilities or juveniles. This call to ban the use of solitary confinement on children follows a similar recommendation made by the UN Committee on the Rights of the Child which has called for the practice to be strictly forbidden (General Comment No. 10). In his 27 page report submitted to the UN General Assembly in October 2011, Mr. Mndez listed some of the detrimental effects that solitary confinement can have on detainees, including: Panic attacks; fear of impending death; depression, including clinical depression; social withdrawal; hopelessness; unprovoked anger; short attention span; disorientation; paranoia; psychotic episodes; self-mutilation; and attempted suicide. In spite of these authoritative statements calling for a total ban on the use of solitary confinement on children, in October and November 2011, DCI documented five cases of children who reported being held in solitary confinement. The children were all held in the Petah Tikva and Al Jalame interrogation centres in Israel. In one case, the child reports being held in a windowless cell for 24 days. In another documented case, a 16-year-old boy reports being held in a windowless cell for 13 days, and repeatedly interrogated whilst tied to a chair. DCI recommends that the Israeli authorities immediately end the practice of holding children in solitary confinement, in accordance with the statements made by both the UN Special Rapporteur on Torture and the UN Committee on the Rights of the Child.

Recommendations
No child should be prosecuted in military courts which lack comprehensive fair trial and juvenile justice standards. DCI-Palestine recommends that as a minimum safeguard in the light of consistent reports of ill-treatment and torture, the following: 1. Ensure that no child is interrogated in the absence of a lawyer of their choice and family member; 2. 3. Ensure that all interrogations of children are audio-visually recorded; Ensure that all evidence suspected of being obtained through ill-treatment or torture be rejected by the military courts;

Useful reports
BTselem: No Minor Matter No Legal Frontiers: All Guilty! Yesh Din: Alleged Investigation UN Special Rapporteur

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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.

DCI-Palestine Detention Bulletin, Issue 23 November 2011