When the current crisis broke out on 29 September 2000, the Israeli occupation forces and their intelligence services launched major arrest campaigns against Palestinian civilians in the Occupied Territories, including occupied Jerusalem and the Gaza Strip. Jerusalem suffered the brunt of these arrest campaigns. Many children have been detained and subjected to degrading and inhumane physical and psychological treatment or torture in prisons inside Israel.

According to the Palestinian Prisoner’s Club, 400 Palestinian children from Jerusalem have been detained since 29 September 2000.

LAW Society has been working with many of these detainees and others, as well as documenting Israel’s violations of Palestinian human rights. Between 29 September to 31 January 2001, LAW’s researchers documented 264 cases of detention in Jerusalem and its suburbs. A large proportion of these were children, locked up with older criminals who have bullied and abused them.

Age groups

LAW has investigated 87 cases of imprisoned children; 70 of whom were arrested during the first three months of the Intifada and 17 during January 2001. LAW also learned of the arrest of two Palestinian girls in January 2001; one from Al Sawahra Al Sharkiya and the other from Bir Nabala. An elderly man from Al Sawahra Al Sharkiya was also arrested. The other prisoners are over 18.

Where were they arrested?

81 people were arrested from their homes (62 between September 29-December 31 2000 and 19 during January 2001). 38 people were arrested on the streets (34 between September 29-December 31 2000 and 4 during January 2001). Two people were arrested from their place of work (one in 2000 and the other in January 2001). Six were arrested during clashes (4 in 2000 and 2 in January 2001). LAW also documented one arrest from Al Makasid hospital. Nineteen detainees were sentenced in the last three months of 2000. LAW documented 86 cases of people remanded into custody; 68 in the last three months of 2000 and 18 during January 2001. 27 people have so far been released, 17 in 2000 and 10 in January 2001.

Torture

Detainees’ families have stated to LAW Society that their children were subjected to torture by Israeli security services (Shabak) interrogators in order to extract ‘confessions’. 35-year-old Ibraheem Awida told LAW that his children Bilal (15) and Musa (14), both arrested in October 2000, were subjected to torture. Bilal was admitted to Hadasa hospital because of being severely kicked and beaten in the stomach by his interrogators.

Ayman Abu Al Humus was subjected to physical and psychological abuse from the moment of his arrest. He was arrested from his home at night and dragged to prison in his pajamas. His family told LAW that Ayman was subjected to near-suffocation with a hat forcibly placed over his mouth and nose at the Russian Compound detention center. LAW also learned that Ayman and other Palestinian detainees are insulted, cursed and spat at every day at the Russian Compound detention center.

Moreover, interrogators at the Russian Compound broke the right arm of 24-year-old Ramzi Al Dmairi from Abu Tur, Jerusalem. Ramzi was taken to Sha’ari Tsidik hospital. In protest against his solitary confinement, Ramzi went on hunger strike for five days before being taken to a cell with other detainees. In a separate incident, the Shabak interrogators of the Russian Compound broke the fingers of 20-year-old Nidal Hijazi.

Shadi Al Isawi (19) from Al Isawiye was also tortured at the Russian Compound. Shadi told LAW Society’s lawyer who visited him at Al Ramle prison that a group of Musta’ribeen (Israeli security officers disguised as Arabs) arrested him on 8 October 2000 in Al Isawiye and took him to the Russian Compound for interrogation. He was beaten on the head and chest and his interrogators plucked out his hair, deprived him of sleep and placed him in solitary confinement for eight days. He was later taken to Al Ramle prison. Shadi went on hunger strike for three days in protest at being held with drug traffickers.

Adding insult to injury

The Palestinian detained children are subjected to harsh and abusive treatment by the Israeli criminals with whom they are incarcerated. For instance, 14 year-old Kathim Abu Snaini’s family told LAW that five criminals physically abused their son and stole his food. 17-year-old Palestinian detainee Fadi Al Sayad from Al Tur was deprived of his visiting rights four times for refusing to be detained with criminals. Fadi’s sister told LAW that her brother had been threatened with sharp tools while protecting his belongings from the criminals he was detained with.

Ibraheem Rizik’s mother told LAW that her 15-year-old son had been severely beaten by criminals in prison.

Ghalib Al Rishik’s family from Kalandia stated that their 14-year-old son was arrested on 12 November 2000. He is currently being held in custody with criminals at Telmond prison in Israel. Ghalib also complained of the very poor quality of the food he was receiving.

Punishing the families of detainees

Many Palestinian families were beaten during the arrest of their children. Palestinian detainee Ali Al Ghol’s father told LAW that during his son’s arrest from Al Makasid hospital, where Ali was being treated for a wound from an explosion that resulted in the loss of his hand, the arresting soldier hit members of his family including Ali’s brother Ala (20).

Fadwa Khader from Al Ram, the mother of Saliba and Lu’ay Khader mother, told LAW that her 18 and 17 year-old sons are being held with criminals at the Russian Compound. When she asked the judge to let her visit her children, he answered “Now you want to see them…why didn’t you stop them from breaking the law?”

Israeli forces broke into the house of 16-year-old Tamir Abu Nab on 1 November 2000. Tamir’s mother told LAW that masked men speaking Hebrew broke into her house in Silwan to arrest Tamir and Tha’ir (16). The family resisted handing the boys over to the masked men, who hit Tarik (21) with sufficient force to break several of his ribs. He spent a month in Al Makasid hospital. The masked men pushed bookshelves onto the beds of Nisreen (5) and Razeen (13). Tha’ir was tortured during interrogation and then had to be sent to Sha’ri Tsaidik hospital. He was later released on health grounds. Tamir, however, was sentenced to two years in prison. He is currently being held at the Telmond prison and not allowed to receive visits from his father.

On 14 January 2001, Israeli forces broke into Mohammad and Ameer Jafar’s home in Al Sawahri Al Sharkiyi, Jerusalem. They arrested Abed Jafar, his 15-year-old daughter Shadya Ameer and his 34-year-old son Mohammad. Shadya is being held in custody at the Russian Compound and Mohammad is detained at Kfar Atsyun. Abdul Kader Jafar, 44, told LAW that his uncle Ameer, who is diabetic, was taken to Hadassa hospital on the night of his arrest. Ameer supports a family of 17. 26 year-old Mohammad Jafar told LAW that during the arrests, Israeli forces broke a cabinet and smashed windows; they also ripped open mattresses with knives and spilled and vandalized the family’s food supplies.

LAW remarks

Israeli has conducted several arbitrary arrest campaigns against Palestinian civilians, including children, many of whom have been tortured and ill-treated. LAW notes the following:

The arrest of children taking part in peaceful protests during the Intifada violates Article 15 of the Convention on the Rights of the Child, which stipulates the following:
 

“States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly,” and “No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interest of national security or public safety, public order (order public), the protection of public health or morals or the protection of the rights and freedoms of others.” Many children have been subjected to torture and inhumane treatment during interrogation at the hands of the Israeli Shabak. Such practices violate Paragraph 1 of Article 37 of the Convention on the Rights of the Child, which states: “State Parties shall ensure that: a. No child shall be subjected to torture or other cruel, inhumane, or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age.”

Additionally, torturing prisoners is a grave violation of Article 147 of the 4th Geneva Convention of 1949.

The children have been locked up with adult criminals, which is in violation of Paragraph C of Article 37 of the Convention on the Rights of the Child which stipulates “Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child’s best interest not to do so and shall have the right to maintain with his or her family through correspondence and visits, save in exceptional circumstances.”

The children have been imprisoned with criminals, which violates Article 84 of the 4th Geneva Convention of 1949, which states “Internees shall be accommodated and administered separately from prisoners of war and from persons deprived of liberty for any other reason.”

The Palestinian detainees, including the children, have been taken to prisons within the borders of Israel, which violates Article 76 of the 4th Geneva Convention, which stipulates “Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentences therein.”

The Israeli prison authority does not provide sufficient meals to prisoners and does not take into consideration the special needs of children, which violates Article 89 of the 4th Geneva Convention of 1949, which states “Daily food rations for internees shall be sufficient in quantity, quality and variety to keep internees in good state of health and prevent the development of nutritional deficiencies. Account shall also be taken of the customary diet of the internees… Expectant and nursing mothers and children under fifteen years of age, shall be given additional food, in proportion to their physiological needs.”

Some children have been arrested in order to exert pressure on their detained fathers, this practice violates Paragraph 2 of Article 2 of the Convention on the Rights of the Child which states “States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinion, or beliefs of the child’s parents, legal guardians, or family members.” And Paragraph B of Article 37 of the Convention on the Rights of the Child which states “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.”

LAW demands

First: Release of all Palestinian prisoners in Israeli prisons who have been arrested for taking part in the peaceful protests, especially the children.

Second: Until then

1. Return all Palestinian prisoners to prisons within the occupied Palestinian territories;
2. Separate “security” prisoners from common criminals;
3. Separate detained children from older prisoners and common criminals;

Third: Providing healthcare and sufficient food to all prisoners and paying special attention to children’s needs;

Fourth: Calling the High Contracting Parties of the Geneva Conventions of August 12, 1949 to convene and take the necessary measures to apply the 4th Geneva Convention to the occupied Palestinian territories.

Fifth: Bringing the perpetrators who torture Palestinian detainees to justice in accordance with Article 146 of the 4th Geneva Convention.