MIFTAH
Tuesday, 23 July. 2024
 
Your Key to Palestine
The Palestinian Initiatives for The Promotoion of Global Dialogue and Democracy
 
 
 

1. OVERVIEW OF PRISON CONDITIONS FOR CHILD POLITICAL PRISONERS
2. UPDATES ON PALESTINIAN GIRL-CHILD PRISONERS
3. INCREASED SENTENCE LENGTHS SINCE 1999
4. ISRAELI VIOLATIONS OF INTERNATIONAL NORMS AND STANDARDS

1. OVERVIEW OF PRISON CONDITIONS FOR CHILD POLITICAL PRISONERS:

As of 16 February 2002, there were between 155 - 160 Palestinian child political prisoners, detained in the following Israeli facilities:

§ Approximately 50 detained in Section 8 of Telmond prison, with another 15-20 detained in Ofeq juvenile detention center (part of the Telmond compound, designed for Israeli criminal juvenile prisoners). Some of these children are as young as 14.
§ Approximately 70 children aged 16 and 17 are detained in Megiddo Military Prison
§ One 15 year old girl detained in Ramle Women’s Prison
§ One girl child detained in Moskobiyya Compound (Jerusalem)
§ More than 15 other children detained in various detention centers in the West Bank, including Addoraim (Hebron area) and Etzion (Bethlehem area).

As in previous months, children continued to be denied access to family visits and, in some cases, lawyer visits.

TELMOND

The overwhelming majority (~95%) of Palestinian children (aged 14 to 17) detained in Telmond are held on the charge of stone throwing.

On Thursday 24 January, prison guards raided the rooms of Palestinian child political prisoners and sprayed them with tear gas in addition to attacking them. Three prisoners were injured:

Nimer Muslimani (face)
Mohannad Bseli (back)
Murad Bseli (cut on head)

The following Thursday, 31 January, the prisoners rooms were raided a second time. The prisoner’s were beaten and five prisoners were placed in isolation: Abdul Jawad Hamud (the prisoners representative), Khaled Halawani, Nimer Muslimani, Mohannad Bseli, Murad Bseli.

These measures came after the prison administration closed one of the two main sections in which Palestinian child political prisoners are detained, and placed all child prisoners in the other section, to which the child prisoners were refusing to move because the living conditions were far worse. Each room holds two prisoners, but are too small and allow no room to move. If the children want to leave the room, to go for their outside time ('foura'), they are searched leaving and coming. Also, they are most often handcuffed when they leave the room. Finally, the windows are covered by iron. While air can pass through the window, because of the covering, the children are unable to actually see outside.

Prison staff confiscated from the prisoners their heaters for cooking, televisions and radios. In addition to occasionally preventing them from going to recreation period and, at other times, shortening the period of recreation. As a result, the prisoners began a hunger strike on Sunday 3 February. This strike lasted approximately one week. The prisoners were demanding the return of confiscated materials, the removal of prisoners from isolation and improving their prison situation.

On 11 February the prisoners in isolation began a hunger strike. As of 13 February 2002, five children remained in isolation, and the personal belongings of the prisoners that had been confiscated had not been returned. In addition, the prison administration is demanding that the prisoners collect amongst themselves 3,000 NIS to cover costs of repairing damage to the facility caused during the unrest.

In general, the prison administration treats the Palestinian child political prisoners very poorly:

- If a prisoner wants to seek medical treatment, he is not allowed to go to the clinic. Instead, a doctor or nurse comes to the prisoner and ‘examines’ them through a chain link fence. There is no direct contact between the patient and the physician.

- Another problem involves the speech (khutba) given during Friday prayer. One of the child prisoners prepares the speech and gives the speech during the prayers for the prisoners. If the prison administration does not object to the content of the speech, life proceeds smoothly. If the prison administration objects, however, the person who wrote the speech is taken to isolation.

- The prison guards continually threaten the prisoners with being sent to isolation, being beaten or being punished in some other way.

MEGIDDO MILITARY PRISON

In January, around 70 Palestinian children, ranging in age from 16 to 17 years old, were detained in Megiddo Military Prison, under the administration of the Israeli Ministry of Defence. The child prisoners are divided among 7 sections. All prisoners are detained in overcrowded tents.

Approximately 90% of the children are detained on the charge of stone throwing, while the other 10% are detained for more serious offences, including throwing molotov cocktails, membership in political organizations, etc.)

In January, there was an increase in the number of child prisoners held in the facility and the length of sentences for children entering into Megiddo is increasing. Also, all of the children who appear before the Shlish Court (Parole Committee) are refused early release.

A main challenge facing child prisoners in Megiddo remains that they are treated in the same manner as adult prisoners and not accorded their special status as juveniles.

DETENTION CENTERS

Dismal conditions of detention exist in the various detention centers located throughout the occupied territories, particularly in Addoraim (Hebron area) and Etzion (Bethlehem area).

For example, in Addoraim, 14 prisoners (both adults and at least 3 children) are detained in one room, resulting in extreme overcrowding. In addition, very small quantities of inedible food are provided to the detainees. Recently, on 13 February, the detainees refused to take the food offered because the quantity was so small and the quality so bad. The prisoners are demanding to be transferred out of the facility and to be given an appropriate amount of decent quality food. Depending on the particular case, some children are held up to one month in Addoraim before being transferred to a standard prison.

A similar problem exists in Etzion Detention Center. DCI/PS currently has a case of a 15 year old child who was arrested on 24 January and is still being held there, as of 16 February, in overcrowded conditions with poor food of insufficient quality.

In addition to overcrowded living conditions, Palestinian child political detainees are routinely exposed to torture during their stays in the detention centers.

2. UPDATES ON GIRL-CHILD PRISONERS:

§ Girl child prisoner Sawsan Abu Turki was released on bail in January, until her court is finished and her sentence issued. Sawsan was scheduled for court on 4 February, but at the request of the DCI/PS attorney the date was extended until the 20th of February. Dr. Ruchmana Martin from Physicians for Human Rights Israel has examined Sawsan and will submit a report to DCI/PS, which will be submitted to the court. The terms of Sawsan’s release on bail, stipulate that she remain under house arrest, leaving only to go to hospital and court, at which times she must be with a chaperone over 30 years old.

§ 15 year old Raba’a Hamael is the only girl child currently detained in Ramle Women’s Prison (Neve Tertze). In December, the Jerusalem District Court sentenced Raba’a to five years imprisonment. She was arrested on 29 May 2001.

Recently two Palestinian girl children have been arrested, one of whom DCI/PS is representing in court. They are both being held in Moskobiyya Compound in Jerusalem.

§ Fidaa’ Ishaq Ibrahim Ghannam

Place of Residence: Hebron
Date of Birth: 9 November 1986.
Date of Arrest: 9 February 2002

Charges: 1. Having a knife without permission; 2. attempting to attack a settler with a knife.

Fidaa’ was sent directly to interrogation following her arrest on 9 February. During her interrogation, she denied that she tried to or intended to kill anyone. She stated that the knife in her bag was for school.

When the prosecutor reviewed the file, upon finding that there was insufficient evidence to charge her with attempting to kill, she was sent again to interrogation on 13 February. Again she denied trying to harm anyone. On the 14th of February, the prosecutor interrogated an Israeli settler who is a witness for the prosecution.

In a court session on 13 February, the Prosecutor presented charges of intent to kill. After re-interrogating both her and the settler, during the court session on the 14th, he lessened the charges to attempting to attack a settler with a knife.

A court decision issued on 14 Feb. determined that Fida’ will be held pending trial. DCI/PS, however, will file an appeal against this decision on Sunday, 17 February. In the appeal, DCI/PS will insist that Fidaa’ be released on bail, similar to the manner in which Sawsan Abu Turki was released into her parents custody until her court case is closed.

§ According to information provided by the Palestinian Prisoners Club, 17 year old Nisreen Atef Abu Zeina (d.o.b. 10 June 1984), from Tulkarem, was recently arrested and is being held in Al-Jalameh Detention Center.

3. INCREASED SENTENCE LENGTHS SINCE 1999:

In 1999, 43.51% of the cases DCI/PS represented, received a sentence of less than one month. In the year 2001, that percentage has decreased to 20.21%. Conversely, in 1999 only 19.08% of cases received a sentence of six months to one year, and 6.88% received sentences of more than one year. In 2001, however, 48.94% of cases were sentenced to between six months and one year and 15.96% to more than one year.

In other words, there has been a 156% increase in cases receiving sentences of between six months and one year, and a 132% increase in cases receiving sentences of more than one year. It should be noted that the charges for which Palestinian children are arrested and detained have remained the same. The overwhelming majority of children are sentenced on the charge of stone throwing.

4. ISRAELI VIOLATIONS OF INTERNATIONAL NORMS AND STANDARDS:

Below is a summary of the main international norms and standards routinely violated by the State of Israel in its treatment of Palestinian child political prisoners.

Systematic Detention of Children:

§ United Nations Convention on the Rights of the Child (CRC), article 37, "The arrest 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."

§ UN Rules for the Protection of Juveniles Deprived of their Liberty (adopted by General Assembly resolution 45/113 of 14 December 1990), 1. "The juvenile justice system should uphold the rights and safety and promote the physical and mental well-being of juveniles. Imprisonment should be used as a last resort."

§ Beijing Rules (UN Standard Minimum Rules for the Administration of Juvenile Justice), 18.1, "A large variety of disposition measures shall be made available to the competent authority, allowing for flexibility so as to avoid institutionalization to the greatest extent possible. Such measures, some of which may be combined, include:

a) Care, guidance and supervision orders;
b) Probation;
c) Community service orders;
d) Financial penalties, compensation and restitution;
e) Intermediate treatment and other treatment orders;
f) Orders to participate in group counselling and similar activities;
g) Orders concerning foster care, living communities or other educational settings;
h) Other relevant orders.

§ Beijing Rules, 19.1 "The placement of a juvenile in an institution shall always be a disposition of last resort and for the minimum necessary period."

Political Prisoners Detained with Criminal Prisoners:

One practice of serious concern to DCI/PS is the placement of child prisoners with criminal prisoners in Telmond Prison. This practice was reintroduced by the Israeli Prison Authorities in the latter part of the year 2000 and is contrary to the United Nations Standard Minimum Rules for the Treatment of Prisoners (Standard Minimum Rules) adopted by UN Economic and Social Council resolution 663C (XXIV), on July 31, 1957. This resolution provides authoritative guidance in interpreting principles laid out in documents such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The Standard Minimum Rules apply to all persons in detention, for whatever reason. Among other things, the rules note:
· different categories of prisoners shall be kept in separate institutions (or parts of institutions), taking account of their sex, age, criminal record, the legal reason for their detention and the necessities of their treatment;
· handcuffs, chains, irons and straitjackets should never be used as punishment;
· people detained for civil or administrative reasons should be kept separately from people imprisoned for a criminal offense

Torture

· UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)
· UN Declaration of Human Rights, Article 5, 1948, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."
· UN Covenant on the Rights of the Child, Article 37 (a), 1989, "no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment"
· Fourth Geneva Convention, Article 32, 1949, "High Contracting Parties specifically agree that each of them is prohibited from taking any measure of such a character as to cause the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture,…but also to any other measures of brutality whether applied by civilian or military agents"
· UN International Covenant on Civil and Political Rights, Article 7, 1966, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation."
· UN Code of Conduct for Law Enforcement Officials, Article 5, 1979, "… nor may any law enforcement official invoke superior orders or exceptional circumstances such as a state of war or a threat of war, a threat to national security…as a justification of torture…"
· UN General Assembly Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment: UN General Assembly RES 39/46, Annex; Article 2, 1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. 2. No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture. 3. An order from a superior officer or a public authority may not be invoked as a justification of torture.
· U.N. Commission on Human Rights, Report of the Special Rapporteur on torture and cruel, inhuman or degrading treatment or punishment, U.N. Doc. E/CN.4/1994/31 1994)(Nigel Rodley, Special Rapporteur). Israel 352. By letter dated 26 August 1993 the Special Rapporteur informed the Government that he had received information according to which the practice of torture in military interrogation centres still persisted. Methods included severe beating, hooding, prolonged handcuffing, tying in painful positions, confinement in tiny and airless spaces, electric shocks, sleep deprivation, exposure to extreme temperatures and prolonged solitary confinement. 353. Another prevailing complaint concerned the lack of access to medical facilities. Detainees who are in need of physical or mental health-care treatment are often denied access to doctors or are not allowed to receive medication. In addition, Israeli physicians and other medical personnel have allegedly been involved in certifying detainees' fitness to undergo some of the methods of interrogation reportedly used by the Israeli authorities; in examining and providing treatment to victims before allowing them to be returned to interrogation; and in covering up abuses by interrogators.
· UN Committee Against Torture, A/49/44, paras. 159-171; 12 June 1994, Concluding Observations of the Committee Against Torture: Israel 165. There is real concern that no legal steps have been taken to implement domestically the Convention against Torture. Thus, the Convention does not form part of the domestic law of Israel and its provisions cannot be invoked in Israeli courts. 166. The Committee regrets the clear failure to implement the definition of torture as contained in article 1 of the Convention.

Denial of the Right to Education:

§ UN Rules for the Protection of Juveniles Deprived of their Liberty, 38. "Every juvenile of compulsory school age has the right to education suited to his or her needs and abilities and designed to prepare him or her for return to society. Such education should be provided outside the detention facility in community schools wherever possible and, in any case, by qualified teachers through programmes integrated with the education system of the country so that, after release, juveniles may continue their education without difficulty. Special attention should be given by the administration of the detention facilities to the education of juveniles of foreign origin or with particular cultural or ethnic needs…"

§ Beijing Rules, 26.2, "Juveniles in institutions shall receive care, protection and all necessary assistance - social, educational, vocational, psychological, medical and physical - that they may require because of their age, sex, and personality and in the interest of their wholesome development."

Inadequate Medical Care

§ UN Rules for the Protection of Juveniles Deprived of their Liberty, 49, "Every juveniles shall receive adequate medical care, both preventive and remedial, …"

§ (Also, see Beijing Rule 26.2 above)

Isolation

§ UN Rules for the Protection of Juveniles Deprived of their Liberty, 67, "All disciplinary measures constituting cruel, inhuman or degrading treatment shall be strictly prohibited, including corporal punishment, placement in a dark cell, closed or solitary confinement or any other punishment that may compromise the physical or mental health of the juvenile concerned."

Denial of Family Visits:

§ article 37c, CRC, "Every child deprived of liberty…shall have the right to maintain contact with his or her family through correspondence and visits, save in exception circumstances."

§ Beijing Rules, 26.5, "In the interest and well-being of the institutionalized juvenile, the parents or guardians shall have a right of access."

Denial of Legal Visits:

§ article 37d, CRC, "Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.

§ Beijing Rules, 15.1, "Throughout the proceedings the juvenile shall have the right to be represented by a legal adviser or to apply for free legal aid where there is provision for such aid in the country."

 
 
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