Palestinian Child Political Prisoners
2006 Report
No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time
Article 37b, UN Convention on the Rights of the Child
In 2006, Israel continued its policy of arresting and imprisoning Palestinian children. Some 700 Palestinian children (under 18) were arrested by Israeli soldiers over the course of the year. Of these, around 25 children were held on administrative detention orders, imprisonment without charge or trial. The overwhelming majority of those arrested in 2006 were boys; there were eight girl child prisoners who served sentences at different points during the year. Of these, four had been arrested in 2006.
At any given point during the year, there were between 340 and 420 Palestinian children held in Israeli prisons and detention centers in Israel and the Occupied Palestinian Territory (OPT), with around 380 held at the end of the year. Of these, around 300 were being held in central prisons, either pending trial or after having been sentenced. The remaining 80 were being held in interrogation and detention centers. The number of children arrested in 2006 brings the total number of Palestinian children arrested by Israel since the beginning of the second Intifada in September 2000 to approximately 5,200.
Palestinian child political prisoners routinely face violations of their human rights during the arrest through imprisonment process. They are exposed to physical and psychological abuse, often amounting to torture. They are denied prompt access to an attorney and often denied contact with their families and the outside world. Many are held without charge or trial. They face substandard, often inhumane, conditions of detention, both in the facilities where they are initially held and interrogated and in those where they await trial and serve their sentence. Moreover, they are frequently denied access to proper medical care. In many cases, the arrest, interrogation and imprisonment experience has psycho-social effects that extend far beyond the period of detention.
Case Study No. 1
Name: Fady Abdel Qader Taneena
Place of Residence: Hebron, Hebron District
Date of Birth: 21 March 1990
Date of Arrest: 26 June 2006
Fady works as a porter, carrying goods at Tarqumiya checkpoint in the Hebron District. One day in June 2006, a group of Israeli soldiers posted at the checkpoint began cursing at Fady. They pushed him to the ground with their weapons and beat him for around 10 minutes with their hands, legs and weapons while he was lying on the ground.
After the beating, Israeli police officers arrived and ordered Fady to stand with his face against a wall while they searched his body in a degrading manner. He was then placed in a military jeep and transferred to the Israeli settlement of Kiryat Arba’. There, Fady was accused of having attacked the soldiers, but he refused to confess to this charge. After some 4 hours, he was transferred to the Etzion interrogation and detention center in the Bethlehem District. Along the way, he was beaten by Israeli soldiers while he was blindfolded and handcuffed. Prior to having been blindfolded, one of the soldiers threw a lit cigarette butt at him.
Trends in Cases Handled by DCI/PS and Closed in 2006
In 2006, the majority of closed cases handled by DCI/PS concerned children 17 years old (88.3%). This represents an increase over the previous two years (53% and 50.9% for 2005 and 2004, respectively). Accordingly, there was a decrease in the percentage of closed cases concerning children aged 15 and 16 years, from 32% in 2005 to 11.7% in 2006. In contrast to the 15% of closed cases that concerned children less than 14 years old in 2005, DCI/PS handled no closed cases of children in that age group in 2006.
In 2006, there were significant changes in patterns related to the major charge on which Palestinian children were tried. The percentage of closed cases dealing with the three most serious categories of charges (attempting to kill an Israeli, possession of explosives and possession of weapons) dramatically decreased (see Table 5). At the same time, the percentage of closed cases in which the major charge was stone throwing dramatically increased, from 22.2% in 2005 to 63.8% in 2006.
Based on the striking shifts in charges, one might have expected that sentence lengths would show similarly significant shifts, but this was not the case. On the contrary, sentence lengths actually increased in 2006. This is due to a number of reasons, including a new military prosecutor at one of the courts who advocated harsher sentences for Palestinian children, and an increasingly tense political situation, in general. It is indicative of the extent to which sentence lengths issued by the Israeli military court system often have less to do with the charge before the court than with the overall political situation.
In 2006, there was a decrease in the percentage of closed cases that received a sentence of less than six months, from 34.8% in 2005 to 28.2% in 2006. This continues the trend from 2004, where 42% of closed cases received a sentence of less than six months.
While there was a decrease in the percentage of closed cases receiving sentences of over three years (from 14.9% in 2005 to 7.5% in 2006), there was an increase in the percentage of closed cases receiving sentences between 1 and 3 years. Cases of this type amounted to 36.4% in 2005, while they jumped to 47.9% in 2006, ranking them as the most common sentence for the year.
Table 1: Breakdown of DCI/PS Closed Cases by Sentence
Sentence Number Percentage
Less than 6 months 60 28.2%
6 months – 1 year 35 16.4%
1 – 3 years 102 47.9%
3 years or more 16 7.5%
TOTAL 213 100%
Table 2: Breakdown of DCI/PS Closed Cases by Age Group
Age Group Number Percentage
Less than 14 years - -
15 and 16 years 25 11.7%
17 years 188 88.3%
TOTAL 213 100%
Table 3: Breakdown of DCI/PS Closed Cases by Geographic Region
Region Number Percentage
Northern West Bank 141 66.2%
Central West Bank 33 15.5%
Southern West Bank 39 18.3%
TOTAL 213 100%
Table 4: Breakdown of DCI/PS Closed Cases by Major Charge
Charge Number Percentage
Stone Throwing 136 63.8%
Possession of and/or Throwing a Molotov Cocktail 14 6.6%
Membership in a Banned Organization 40 18.8%
Attempt to Kill an Israeli 8 3.7%
Possession of Explosives 7 3.2%
Weapons Possession 8 3.7%
TOTAL 213 100%
Table 5: Breakdown of Sentences, Age Groups & Charges, 2004 – 2006
Age Group 2006 2005 2004
Less than 14 years - 15% 15.7%
15 and 16 years 11.7% 32% 33.4%
17 years 88.3% 53% 50.9%
Sentence 2006 2005 2004
Less than 6 months 28.2% 34.8% 42%
6 months – 1 year 16.4% 13.9% 9.8%
1 – 3 years 47.9% 36.4% 28.5%
3 years or more 7.5% 14.9% 19.7%
Charge 2006 2005 2004
Stone Throwing 63.8% 22.2% 31%
Possession of and/or Throwing a Molotov Cocktail 6.6% 14.3% 14.2%
Membership in a Banned Organization 18.8% 9.7% 15.3%
Attempt to Kill an Israeli 3.8% 21.3 18.3%
Possession of Explosives 3.2% 12.2% 7.3%
Weapons Possession 3.8% 14.5% 13.9%
Other - 5.8% -
The Arrest through Imprisonment Process in 2006
Arrest and Interrogation
All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.
Article 10.1, UN International Covenant on Civil and Political Rights
When arresting Palestinian children, Israeli soldiers frequently employ terrifying tactics. Large numbers of armed soldiers surround the child’s home and force the child’s family into the street. The family’s home is often violently searched and the child is frequently physically abused.
Once the child is taken into Israeli custody, he/she is almost always blindfolded and handcuffed and transported to an interrogation center, generally, without being allowed any contact with his/her family and without recourse to an attorney. In many cases, the child is beaten while being transferred to interrogation.
In most cases, Palestinian children are taken immediately to interrogation upon arrival at an interrogation center. Given that many children are arrested in the evening or in early morning hours, these interrogation sessions often begin after midnight. The various steps that have taken place prior to interrogation, namely the violent arrest and transfer process, are calculated to assist in bringing about a quick confession from the child detainee.
Though Israel is a State Party to the UN Convention Against Torture (CAT) and the universal ban on torture forms part of customary international law, the Israel Security Service (ISS) continues to use torture in its interrogations of Palestinian political prisoners, including children. Torture has been a key part of Israel’s interrogation of these prisoners for decades. At various times, Israel has relied more on physical forms of torture than on psychological methods, which are currently most commonly used. However, irrespective of whether the abuse is physical or psychological, torture in all of its forms is banned.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 7, UN International Covenant on Civil and Political Rights
Israeli forces employ a number of different interrogation methods designed to coerce Palestinian children into confessing to the charges against them. For example, one common method is the use of solitary confinement, when a prisoner is prevented from communicating with anyone else, except the prison guards. Solitary confinement often affects the mental health of the prisoner and may facilitate torture and maltreatment. It is used as a means of placing psychological pressure on a detainee to confess to the charges against them, particularly in Askelon, Petah Tikva, Jalama, and Maskobiyya interrogation centers.
Other forms of abuse to which children are subjected during interrogation include:
Blindfolding
Handcuffing
Beatings
Sleep deprivation
Position abuse
Yelling and cursing
Threats, including: the threat of being beaten or having family members beaten; being imprisoned for a long time; being sexually abused; being attacked by a dog; being tortured with electric shocks or subjected to other forms of physical torture; and having home demolished, among others. (It should be noted that, in cases, subjecting the child to such threats, particularly that of physical torture, can be a form of torture itself).
In contrast to the various forms of abuse and threats listed above, interrogators promise children a lenient prison term or release if he/she confessions to the charges. These tactics combined succeed in coercing many children to confessing to the charges waged against them. These confessions then form the basis of the children’s indictment in an Israeli military court.
Case Study No. 2
Name: Ahmad Abdel Kareem Jaradat
Place of Residence: Silat Harthiya, Jenin District
Date of Birth: 21 September 1988
Date of Arrest: 13 May 2006
At around 2am, on Saturday the 13th of May 2006, a large number of soldiers surrounded my house. After they forced their way into the house, they ordered everyone in the house to go out to the street and they arrested me. After searching the house, they led me into the house where there were three Israeli interrogators, who began interrogating me.
The interrogators kept asking me if I knew a certain someone, but I denied knowing the person. During the questioning, the interrogators beat me with their hands and shoved me against a wall. When I did not confess, they brought my mother into the house and ordered her to stand behind my bedroom door. They made sure to let me know that she was there and they told me that if I do not confess, they will beat my mother and beat me in front of her. They pushed me against the wall and slapped me several times on my face while my mother was watching. As a result of this, I confessed because I did not want my mother to be beaten or to have to watch me be beaten more. Altogether, the interrogation in the house lasted around four hours.
After this, they transferred me to Jalama prison for 12 days, where I stayed in solitary confinement. Of the 12 days, three were spent in an underground cell. The size of the cell was no more than three meters squared. There was nothing in the cell except a mattress, a thin blanket and a pot used for urinating. This pot was only emptied at the end of each day.
The walls of the cell were very rough -- not even suitable for leaning against. There was no window for ventilation, but there was an opening that forced cold or warm air into the room. The lighting in the cell was very weak. It was yellow in color and on all the time. It made my eyes tired and hurt. With no window in the room, it was difficult to know the time of day.
As for food, it was difficult to recognize what it was -- a mixture of vegetables, pasta and rice. During my stay in the cells, my interrogation continued. The only time I was allowed out of the solitary confinement cell was when I was taken to interrogation or allowed to have a shower. After 12 days, I was transferred to HaSharon prison.
Lawyers’ Access
In general, lawyers are not allowed access to their clients until after the interrogation has been completed. However, even then, there are many obstacles that make it difficult for a Palestinian lawyer to visit his/her child client. The first obstacle is that many children are detained in Israeli interrogation and detention centers located outside of the Occupied Palestinian Territory (OPT). Accordingly, in order to visit the child, the lawyer must apply for and receive from the Israeli authorities a permit to enter Israel. Only a small fraction of Palestinians, including lawyers, succeed in obtaining these permits.
Even if entry to Israel is not an issue (because a permit has been obtained, because the attorney has Jerusalem ID or is a citizen of Israel, or because the facility is in the OPT), obtaining access to the detention facility remains a problem. In general, lawyers must submit to the detention facility, in advance, a list with the names and ID numbers of those prisoners the lawyer wishes to visit. Upon receiving the list and confirming that the prisoners are indeed held in that particular facility, the Israeli administration and the lawyer agree upon a date for the visit. This process is often wearisome and time-consuming as the lawyer is forced to make multiple calls to the facility in order to confirm that the faxed list has been received and to arrange for a date to visit. The Israeli staffers in these facilities are often uncooperative, failing to leave messages or return phone calls, contributing to the tediousness of the process.
Once the day of the visit arrives, lawyers are often forced to wait an hour or more outside the prison before they are allowed to enter. The lawyer is then shown to a room where the individual visits with the child client will occur.
Israeli Interrogation and Detention Centers
There are three types of interrogation and detention centers: 1) those under the supervision of the Israeli army; 2) those under the authority of the Israel Prisons Service (IPS); and 3) those run by the Israeli police. Israeli soldiers carry out interrogations in centers under the authority of the army. The Israel Security Services (ISS) conducts the interrogations that take place in facilities under the control of the IPS or the police.
The table below indicates which entity controls the various detention and interrogation centers where Palestinian child political prisoners are held:
Israeli Army Israel Prisons Service Israeli Police
Huwwara
Qedumim
Etzion
Salem Askelon
Jalama
Binyamin Mascobiyya
Petah Tikva
Irrespective of the supervising authority, the conditions of detention are equally appalling at all of the facilities. Though these centers are supposed to be temporary holding facilities, Palestinian children can spend months there before they are transferred to a central prison. The period of detention varies considerably from a few days to a few months and depends on a number of factors. In theory, children are supposed to be transferred out of these centers once interrogation is complete, a charge sheet has been issued and an order has been issued detaining the child until the end of legal proceedings. However, in practice, a child cannot be transferred to a central prison until the detention center receives word from a central prison itself that space has opened up for new prisoners. In cases, if a child’s prison sentence ends up being less than 3 months, they may spend their entire period of imprisonment within a detention center and never be transferred to a central prison.
Overcrowding also affects conditions within the detention centers. For example, in Askelon interrogation and detention center, all children who were interrogated there were detained for extended periods in small cells, designed for only 1 – 2 prisoners, before being transferred into the larger, better equipped rooms that hold numerous prisoners.
Juveniles deprived of their liberty have the right to facilities and services that meet all the requirements of health and human dignity.
UN Rules for the Protection of Juveniles Deprived of their Liberty, 31
Children detained in these centers face the worst conditions of detention as they are almost always overcrowded, in poor condition and fail to meet basic health requirements. In short, they are generally unsuitable for human habitation. Children are provided only a mattress and a blanket. These generally smell bad as there is poor ventilation in the cells. Neither fresh air nor sunlight reaches the rooms where the children are detained. There is no means of heating water or food. Matches or lighters are banned. If a prisoner wants to light a cigarette, he must ask the guard to do so for him. The only clothes provided to children are provided through lawyers’ visits. Children are detained with adults in all of these facilities, except Binyamin interrogation and detention center, where one tent has been designated as the children’s section.
There are no bathrooms in the prisoners cells and prisoners are not allowed to use the restroom whenever they need, but instead at set times during the day. If a prisoner is unable to wait, he must urinate in a bottle. In terms of showering, prisoners are allowed to do so during recreation time, but must do so without soap or shampoo.
Case Study No. 3
Name: Said Deeb Said Hajajreh
Place of Residence: Al Arroub refugee camp, Hebron District
Date of Birth: 3 August 1988
Date of Arrest: 12 July 2006
“After [interrogation at Askelon], they sent me to the cells – around 25 cells were underground. I was put alone in a small cell that measured about 2 meters by 1 meter. I was held in this cell for 26 days. The only things in the cell were a mattress, a blanket and an opening in the ground that was used as a toilet. The walls of the cell were too rough to lean against and there was no window for ventilation.”
In terms of the cleanliness of their physical environs, situation is very bad. Though the child prisoners attempt to clean their rooms themselves, they are not provided cleaning supplies and there is no prompt disposal of trash by prison guards. During hot weather, the garbage rots, smells and attracts rodents and insects. The poor conditions of hygiene in many facilities cause rashes and infectious skin diseases among many of the prisoners.
In the summer, the facilities lack proper ventilation, resulting in stifling conditions of detention. In the winter, child prisoners are provided insufficient blankets and clothes to keep themselves warm.
With the exception of Binyamin interrogation and detention center, there are no family visits, regardless of how long the child is detained there. As a result, many of the children suffer psychological difficulties as a result of total separation from their families. For many children, this may be the first period in their life where they have been away from their family.
Food provided to the prisoners is poor in quality and quantity and, oftentimes, inedible. In some cases, the children are provided regular meals, but at other times, the children are provided only the soldiers’ leftovers. All of the meals are provided cold because the food is not delivered promptly. In terms of quantity, prisoners in Salem and Etzion interrogation and detention centers report that, for breakfast, each room is provided a 250g container of labna (a creamy yogurt spread) and a large piece of bread. This food must then be divided amongst all of the prisoners. The amount of food is not increased if the number of prisoners in the room increases. The same food is provided for supper. For lunch, prisoners are provided with a small amount of potatoes, eggs and tomatoes, with rice or pasta. In some cases, prisoners are provided with additional food stuffs that have been donated by charitable associations. Israeli soldiers, however, often steal some of the food themselves and give only a portion of the food to the prisoners.
There have been many cases where Palestinian prisoners have been provided food that was past its expiration date. For example, on 25 April 2006, after prisoners in Huwarra interrogation and detention center were given expired food, 11 of them, including 4 children, were transferred for medical treatment of severe diarrhea. The prisoners were treated only by the center nurse, who did not have the center physician examine them.
The detention facilities fail to provide child detainees any resources with which to spend their time. There is no connection between the children and the outside world: no television, radio, magazines, books or newspapers. The only book available to children is the Qur’an. Additionally, children are frequently prohibited from leaving their rooms for outside, recreation time for periods as long as a week at-a-time. Outdoor time or time to engage in physical, recreational activity is not regarded as a right, but rather as a privilege that depends on the mood of the soldier in charge.
Roll call is taken at these centers three times per day. In addition, the center administrations often carry out random roll calls, including during late night and early morning hours. At Binyamin interrogation and detention center, where prisoners are detained in tents, prisoners must stand outside their tent until roll call is completed, irrespective of weather conditions.
Case Study No. 4
Etzion Interrogation and Detention Center, Bethlehem District
During a visit to Etzion center on 4 July 2006, Palestinian prisoners informed DCI/PS’s attorney that the center is comprised of several rooms, each holding between 7 and 9 persons. The prisoners sleep on mattresses on the ground, a situation made more uncomfortable by the fact that the mattresses are extremely thin and that each prisoner is provided with only one blanket. They are prohibited from using the restroom facilities except at appointed times during the day. No electronic devices are allowed that would enable communication with the outside world (e.g. radios, television, etc.). The only food available is that which is provided by the administration and this is poor in quantity. There is no canteena from which prisoners could supplement their food intake.
Transferring the Child Prisoner from the Place of Detention to Military Court
Prior to transfer, the child is strip searched and his/her hands and feet are tightly bound. During the transfer prisoners are prevented from talking with one another. Once arriving at the court, the police unit who accompanies the prisoner prevents the prisoner from speaking, shaking hands or having any other physical contact with his/her family members.
Military Courts
Every child alleged as or accused of having infringed the penal law has at least the following guarantees:
(i) To be presumed innocent until proven guilty according to law;
(ii) To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence;
(iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;
(iv) Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse witnesses and to obtain the participation and examination of witnesses on his or
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