A Stones Throw From Prison March 2012

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A STONE’S THROW FROM PRISON Child Detentions in the Palestinian Territories

by Mae Elise Cannon In conflict, children suffer the most. That’s the case in the decades-long Arab-Israeli conflict. Of particular concern to child rights advocates is the plight of Palestinian children arrested and detained by Israeli authorities. Not only are they denied due process by US and international standards, they are also subject to arrest, interrogation, and detainment, which is inconsistent with Israeli law.

Everyday life is difficult for both Israeli and Palestinian children. Israeli children grow up in a country where insecurity exists because of the conflict with Palestinians and other neighboring states. They live with the fear of random attacks such as the suicide bombings common during the Second Intifada. Israeli children near the Gaza border live under the threat and fear of missiles which have been fired almost daily across the border into southern Israel. Moreover, since military service is compulsory in Israel, both boys and girls are expected to serve in the army when they turn 18. Involvement in the military occupation of the Palestinian territories can expose them and their families to hostile, volatile, and violent situations.

Palestinian children also face the constant threat of violence.

They live in situations where family members are often traumatized, and they experience tight restrictions on movement and often limited access to basic necessities such as education and healthcare. A great number of Palestinian children suffer from poor emotional health and post-traumatic stress (PTS) as they witness violence and the humiliation of parents, siblings, and neighbors in encounters with the Israeli military. These children increasingly grow up in environments that lack opportunities or a sense of hope.

Defence for Children International (DCI) is an independent nongovernmental organization represented in 40 countries with its International Secretariat based in Geneva, Switzerland. DCI is committed to promoting child rights around the world, including within Israel and the Palestinian territories. They argue that Israeli enforcement of child detentions in the Palestinian territories is one of the greatest barriers to the well-being of Palestinian children.

Around 700 Palestinian children are arrested by the Israeli military every year. Since 2000, more than 7,000 Palestinian children have

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In the last decade more than 7,000 Palestinian children have been prosecuted by Israeli military courts. been detained and prosecuted by the Israeli military courts. About one-fifth of these children are 12-15 years old. Most are 16-17 years old and are commonly arrested for throwing stones. These children are subjected to arrest, detainment, interrogation, and prosecution under military courts. According to DCI, the Israeli authorities use “systematic and institutionalized ill-treatment and torture” toward Palestinian children. DCI reports that the current conditions of arrest are in violation of the United Nations Conventions on the Rights of a Child.

In January 2012, more than 106 Palestinian children were being held in Israeli prisons or detention centers. The number fluctuates monthly, but the experiences children report are remarkably similar. Most children are arrested around friction points where an Israeli settlement is being built, or already exists, near a Palestinian village in the West Bank. The authorities are often unable to identify who throws the stones, but they send a strong message that confrontation with the military force will not be tolerated.

Arrests are typically made a few days after the incident in the village near where a stone-throwing incident occurred.

are put in a shipping container or some other “shelter” until they are handed over to the

authorities at the police station.

Once at the police station, the interrogation begins. The child’s parents are not present, even though under Israeli law the parents have a right to attend the interrogation. The Palestinian parents are not notified about where their child has been taken and do not know when the interrogation will occur. Children seldom, if ever, are accorded all of their legal rights—including consulting a lawyer. Even under Israeli military law, the child has a right to silence but is seldom informed of that fact. By the time the interrogation begins, the child has had his hands tied behind his back for at least five hours. Most children are sleep-deprived and scared. Most children report that they are not allowed to use the bathroom and have not been given food or water. The interrogator then makes the allegations against them, asking, “Why do you throw stones?” The child typically begins with a denial.

Traumatic arrests According to Gerard Horton, a child rights advocate and attorney from DCI, the process of arrest, interrogation, and incarceration is extremely traumatic for the child. In most cases (62 percent), the Israeli army goes into family homes and arrests young male children (and young adults) between midnight and 5 a.m. Children will wake up to shouting and people banging at the door. In a small number of cases, children will be woken up with a soldier in their bedroom. The family is then gathered outside or in one room in the house. The commanding officer will check the ID cards of family members. Once the child is identified, a single plastic zip tie is used to tie the child’s hands behind his (or, on rare occasion, her) back. In nearly all cases (91 percent), the child is also blindfolded at some point during the arrest. Parents are seldom told why the child is being arrested and are not told where the child will be taken. The family is then told to remain in the house.

Once the children are removed from their home, about 30 percent are then put on the floor of a military vehicle. While on the floor, they experience severe bouncing and the effects of the rough roads. Many children report physical or verbal abuse from soldiers, including kicking or slapping. Incidents are more severe when a commanding officer is not present. A child is sometimes pushed from one end of the vehicle to the other while being verbally harrassed.

According to DCI, after the army completes the arrest, the children are then handed over to Israeli police. The police stations are located in settlements in the West Bank, such as the Ariel settlement. Police stations typically do not open until 7 or 8 a.m. Since most children are arrested between midnight and 5 a.m., the soldiers then have to decide what to do with them for the remaining hours of the night. Many of the children remain handcuffed and blindfolded and are left outside. Sometimes they

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Israeli soldiers guard Jewish settlers who have seized Palestinian homes in the Sheikh Jarrah neighborhood of East Jerusalem in February 2011. (Photo by Ryan Rodrick Beiler/Shutterstock.com)

The degree of intensity of the interrogation sometimes depends on how long it take the child to confess. The interrogator uses many means by which to obtain the confession, including threats of physical violence or imprisonment and threats toward

Aziz Haddad* In the Palestinian village of Nabi Saleh, B’Tselem reports four cases in one month alone where Israeli soldiers entered homes in the village to photograph children in their bedrooms, record their names, and check their IDs. One night, at 2 a.m., 14-year-old Aziz Haddad was arrested when Israeli soldiers came into his home. After being kept awake for 12 hours, Aziz was interrogated and “slapped around.” His lawyer requested visitation but was denied access. The interrogator did not inform Aziz of his right to remain silent. After nearly six hours of interrogation, which included physical intimidation, being slapped around, and threats, Aziz eventually broke down and provided the names of men from his village who allegedly provided a threat to Israel’s security. Later some of those men were arrested solely on Aziz’s testimony.

In an interview Aziz’s father reports: “It is difficult to live under the threat of night raids for fear your child will be arrested. Every night we sleep and prepare ourselves that this night the soldiers might come and arrest one of us—me, my wife, or even one of my children.”

Mr. Haddad tells of the challenges living with this fear. After Aziz was arrested, his other son began to sleep fully dressed because he was afraid that someone would come in the middle of the night to arrest him. Aziz’s mother tells of the experience of children in their community: “After child detentions began in our community, the children have had difficulty sleeping. They are afraid all of the time. Sometimes they have trouble eating and do not experience joy in their play…we try to teach our children to be strong and not to be afraid.” *Name has been changed to protect identity.

the child’s family. Sometimes the interrogators threaten to cancel the parents’ work permits for Israel if the child does not confess.

The physical violence begins with slapping the child, pushing him off the chair, shouting, and intimidation. This is followed by further physical violence if the child hasn’t yet confessed.

DCI states that in nearly all cases (98 percent), the child eventually confesses, even those who are innocent. Many tell their lawyer they were beaten. More than 60 percent report some degree of physical violence. Often the child confesses in order to stop the beatings and the interrogation. Because bail is denied, the children also fear that if they plead innocent and the case goes to trial they will be kept in jail for a longer period of time than if they simply plead guilty. In about a third of the cases, the child is given a confession written in Hebrew, which the child cannot read or understand, to sign. After the confession, the child typically serves a sentence of two or three months. In 2009 and 2010, 93 percent of minors convicted of throwing stones served sentences ranging from a few days up to 20 months in prison.

During incarceration the children are relocated to a detention facility within Israel. DCI notes that this is in direct violation of the 4th Geneva Convention Article 76, which states that “prisoners cannot be held outside of occupied territories.” The relocation of the children makes it virtually impossible for their parents to visit, since most Palestinian families do not have permits to travel into and out of Israel. The permit application process often takes

longer than the period of incarceration to be approved. While the children serve their sentence, they are denied access to a telephone and are not allowed to receive letters.

At What Price?

What happens to these children once they are released from incarceration? One might think they would become increasingly militant and more resistant to the presence of Israeli soldiers in the West Bank, but DCI and other human rights organizations report the opposite effect. According to Gerard Horton, “This system of interrogation and incarceration breaks the children. When you talk to the children’s mothers you get a much clearer picture of the effects. When children come home from prison, they have nightmares. They wet the bed. They become aggressive toward their siblings. They role-play scenes of interrogation with their friends.

For many children their performance in school also suffers. These children never want to see a soldier again.”

The system of child detentions in the Palestinian territories not only punishes the child and their families, it also has an effect within the village community, showing it that there will be a strong retaliation if children or adults are involved in incidents of stone throwing. Mahmoud D., a 17-year-old Palestinian child detainee, reported: “I went from having a normal life at home to handcuffs, deprivation of sleep, shouting, threats, rounds of interrogation, and serious accusations. In these circumstances, life

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becomes dark, filled with fear and pessimism—tough days that words cannot describe.”

According to DCI, at each step in the process, from arrest through incarceration and release, the child detainee suffers from “some sort of physical or mental abuse.” When looking at each component individually, their treatment could be considered degrading and a violation of human rights. However, considering the age of the children in question and the subsequent treatment from event to event, DCI has identified the process of child detainment as currently implemented toward Palestinian children in the territories as inhumane and degrading treatment. The Israeli military believes these measures are necessary as a means of maintaining security within the West Bank.

The question of a child’s age and appropriate punishment also raises an issue of concern. According to Israeli law, a child is considered anyone under the age of 18 years old. Unlike Israeli children, Palestinian children in the West Bank are subject to military, not civil, jurisdiction. Until September 27, 2011, a child in the Palestinian territories was anyone under the age of 16 years old.

But Israeli Military Order 1676 raised the legal age of a child in the territories from 16 to 18 years old. Child advocates celebrate this decision as a step in the right direction toward protecting the rights of children. Order 1676 also made the provision for notifying a child’s parents that the child had been arrested and informing the child of his right to consult with a lawyer prior to interrogation. According to DCI, these amendments have improved notification requirements but have only had “marginal impact” on the situation facing Palestinian children prosecuted under Israeli military law: “These developments have had no discernible impact on the treatment of children at the point of arrest, transfer, or interrogation.”

Under Israeli law, it is illegal to incarcerate a child under 14 years of age. However, the military law applied in the territories allows for the arrest of children as young as 12 years old. Human rights organizations and child advocates call for Palestinian children to be treated the same as Israeli children. In July 2011, B’Tselem, an Israeli human rights organization, issued the report No Minor Matter: Violation of the Rights of Palestinian Minors

Gabi Mansoor* DCI reports the following case study regarding children detained in solitary confinement: Gabi is a 17-year-old Palestinian resident of Osarin village in the Nablus district of the Palestinian Territories. On October 15, 2011, he was arrested at 2 a.m. from his family home. During the course of his arrest, his detention and questioning were overseen by the Israeli army, the Israeli Security Agency (ISA), and the Israeli Prison Service (IPS). During his arrest, he was blindfolded with his hands tied behind his back by two sets of plastic cords. He was placed in a military vehicle and transferred to a military base. He was then transferred to the Huwwara interrogation center and made to sit on the ground until dawn. He was refused a request to use the toilet. At 9 a.m. he was again transferred to the Petah Tikva interrogation center within Israel. He was initially interrogated in Arabic for two hours and was told that a friend had provided evidence against him. He was accused of having thrown Molotov cocktails at an Israeli military jeep. He denied the charges. He was then placed in solitary confinement in Cell No. 5 for two days. He described Cell No. 5: “It was a very small cell with a mattress on the floor, a toilet, and two concrete seats. It did not have any windows, just a vent for air conditioning. It was very cold… I could not sleep because there was a yellow light on 24 hours a day.”

He was then transferred to the Al Jalame interrogation center and was held in solitary confinement for an additional five days. While in Al Jalame his detention was extended, but he did not appear in court and does not know whether or not a lawyer appeared for him at an extension hearing. He was then transferred back to the Petah Tikva interrogation center and again held in solitary confinement, in Cell No. 4, for an additional nine days. He was interrogated on two additional occasions and eventually confessed to the crime. While professing his innocence, Gabi says, “I was in a very bad psychological state, so I decided to confess. I confessed to throwing Molotov cocktails and stones at army jeeps.” His total time in solitary confinement was 16 days. He is currently being held in Megiddo Prison inside Israel. *Name has been changed to protect identity.

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Arrested by Israeli on Suspicion of Stone Throwing. The study included the interview of 50 minors, close to 40 percent of whom (19 children) were under the age of 14. These children served no more than two months in prison.

In 2011, DCI, UNICEF, and other child-focused human rights organizations issued a plea for change to the mechanisms of child detainment in the Palestinian territories. On December 28, 2011, DCI issued an urgent plea to the UN Special Rapporteur, affirming that “the greatest concerns are persistent reports of torture and other cruel, inhuman, or degrading treatment” and citing the UN Convention against Torture, which was ratified by Israel in 1991. The points of contestation include the nighttime raids on family homes, the treatment of children from time of arrest through their sentencing, children in solitary confinement, and dual legal systems for children in the West Bank and Israel.

The issue of Palestinian child detentions in the territories has received increased attention in the international community, including recent discussions within the British Parliament highlighting great concern. On October 18, 2011, 25 members of the House of Commons signed a motion in support of UNICEF’s appeal to the Israeli government to release all 164 Palestinian child detainees from Israeli military detention. Two months later, 55 children were released on December 18, 2011, as a part of a prisoner swap agreement between Israel and Palestinian authorities surrounding the release of Israeli soldier Gilad Shalit.

Palestinians protest Jewish settlements in East Jerusalem in 2011.

(Ryan Rodrick Beiler/Shutterstock.com)

Solitary confinement In addition to the treatment of minors arrested for throwing stones, DCI and other human rights organizations have also issued an urgent appeal regarding children in solitary confinement.

Since 2008, DCI has documented 38 such cases. These children are typically older, mostly between the ages of 16-18 years old, and are accused of more serious offenses, such as throwing Molotov cocktails or homemade grenades. Children are typically confined between three and 24 days. In 2009, one child was held for 65 days. Children are often held in Cell No. 36, which measures 2x3 meters. The cell contains a concrete bed and a thin mattress, which has been described as “dirty and foul smelling.” Meals are

Recommended Reading Stolen Youth: The Politics of Israel’s Detention of Palestinian Children by Catherine Cook, Adam Hanieh, and Adah Kay (Pluto Books) is based on firsthand information from international human rights groups and NGO workers in the West Bank and Gaza Strip. It also features interviews with children who have been imprisoned. The book is a disturbing account of abuses that have been widely documented yet never addressed by the international community. served through a flap in the door. When in solitary confinement, children are deprived of human contact. Some of the cells have grey walls with sharp protrusions which prevent the incarcerated person from leaning against them for support. The cells used for confinement are windowless and have a dim yellow light which is frequently kept on for 24 hours a day.

There are severe psychological effects for individuals held in solitary confinement, particularly children. DCI reports these effects as: “panic attacks; fear of impending death; depression, including clinical depression; social withdrawal; a sense of hopelessness; unprovoked anger; short attention span; disorientation; paranoia; psychotic episodes; self-mutilation; and suicide attempts.” Children also directly report suffering pain behind their eyes and adverse psychological effects after being detained in Cell 36. DCI issued an urgent appeal to the UN requesting that solitary confinement not be used in the detainment of children.

DCI and other human rights organizations acknowledge Israel’s right to security and defense. At the same time, they strongly oppose the current enforcement of detention practices being used on children in the Palestinian territories. They have requested the following amendments: Children in the Palestinian territories must be given the same rights and protection as Israeli children; parents must be present during the interrogation of minors under the age of 18 years old; children must be permitted to see a lawyer prior to their interrogations so they will know they have the right to silence; audio and visual records of interrogations must be made as a means of independent oversight; and all credible allegations of cruel and inhumane treatment must be thoroughly and impartially investigated in accordance with international standards and perpetrators brought promptly to justice.

With these measures in place, they argue, progress will be made in providing a safe and protective environment for children living in the Palestinian territories.

Mae Elise Cannon is an ordained minister in the Evangelical Covenant Church and a doctoral candidate at the University of California-Davis, working on the historic engagement of American Protestants in Israel/Palestine. She is the author of Social Justice Handbook: Small Steps for a Better World (IVP, 2009).

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