Monthly Archives: April 2010

Palestine Child Prisoners

enfants
In June 2009, Defence for Children International (DCI)/Palestine Section published a report titled, “Palestine Child Prisoners: The systematic and institutionalized ill-treatment and torture of Palestinian children by Israeli authorities.”

DCI/Palestine “is a national section of the international non-government child rights organisation and movement (dedicated) to promoting and protecting the rights of Palestinian children,” according to international law principles.

Each year, about 700 West Bank children, under 18, are arrested, detained, interrogated, and prosecuted in Israeli military courts, in total about 6,500 since 2000. DCI lawyers represent 30 – 40% of them. The report focuses on their torture and abuse in custody.

Since the 1967 occupation, an estimated 700,000 Palestinian men, women, and children passed through Israel’s judicial system, over 150,000 tried in military courts from 1990 – 2006, the remainder handled through plea bargains for lighter sentences. On average, over 9,000 Palestinians a year are affected, including 700 children treated the same as adults.

For nearly 43 years, Israeli military justice operated “almost completely devoid of international scrutiny,” giving authorities license to violate human rights and humanitarian law with impunity. As a result, due process and judicial fairness don’t apply under a system denying them.

Yet Article 37(b) of the UN Convention on the Rights of the Child (CRC) states:

“The arrest, detention or imprisonment of a child…shall be used only as a measure of last resort and for the shortest appropriate period of time.”

In fact, Palestinian children are routinely arrested at checkpoints, on streets, going to or coming from school, tending olive groves, at play, and (most commonly) at home in the middle of the night, usually from midnight to 4AM with family members threatened not to intervene, beaten if they try, forced onto streets in their nightclothes, regardless of weather, and given no explanation.

Typically, arrests are lawless and violent. Homes are broken into unannounced, property damaged or stolen, children blindfolded, shackled, and often beaten, then thrust into jeeps, sometimes face down, for transfer to interrogation and detention centers, a procedure that includes beatings, verbal abuse and other degrading and inhumane treatment.

At detention centers, they’re either placed in a cell or interrogated immediately. Usually no lawyer is present for days or weeks until questioning ends with a signed Hebrew confession few can read or understand. Once gotten, they’re used against them in military courts, never mind that torture extracted evidence is inadmissible under international law.

Article 15 of the UN Convention Against Torture states:

“Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.”

In custody, children endure:

— blindfolding and painful shackling;
— beatings;
— violent shaking;
— sleep depravation;
— solitary confinement;
— other forms of sensory deprivation;
— no food and water for extended periods;
— poor quality or inedible food when gotten;
— no access to toilets, showers and clean clothes;
— exposure to extreme heat or cold;
— painful stress positions for extended periods;
— sexual abuse;
— threats, insults and cursing; and
— extremely loud noises.

Often their parents and siblings are also arrested, beaten, detained, and their homes sometimes demolished.

After interrogation, detainees are processed for trial, sentencing, and imprisonment by one of two West Bank military courts, both on military bases. Decisions may be appealed in the Military Court of Appeals, but rarely ever will the High Court of Justice hear them.

Judges and prosecutors are military officers, some not certified by the Israeli Bar Association. Dispensing justice is nearly impossible under a system with no accepted standards. Children as young as 12 (and some younger) are prosecuted the same as adults, tribunals calling them adults at age 16, in contrast to Jews at age 18.

Under Military Order 132, six months is the maximum sentence for children aged 12 – 13; 12 months usually from 14 – 15 for offenses with a maximum penalty of less than five years; and unlimited for more serious offenses; under Military Order 378, 20 years for stone-throwing is permitted (the most common offense charged); and children 16 or older are considered adults and treated no differently.

Military courts deny judicial fairness, including:

— the right to counsel until forced confessions are extracted, commonly by torture, pressure, intimidation, and at times trickery;
— the right to prepare a proper defense with enough time, in adequate facilities, in confidence, with court documents in Arabic;
— under Military Order 378, detainees may be denied counsel for up to 90 days;
— under a grossly unjust system, attorneys commonly seek plea bargains to avoid trials and harsher sentences;
— defendants, including young children are presumed guilty, full acquittals gotten in just 0.29% of cases;

— the right to examine witnesses is restricted; few full evidentiary cases are heard; according to Yesh Din (volunteers for human rights), of 9,123 cases in 2006, only 130 (1.42%) got full evidentiary trials because having them is futile and punishments far harsher when convicted;
— unlike in civil courts for Jews, Palestinians have no right to trial without undue delay:

(1) detention until a hearing before a judge – 24 hours for Jews; up to eight days for Palestinians;
(2) total detention period before indictment – 30 days for Jews, and up to 75 on authority of the Attorney General; up to 180 days for Palestinians;
(3) detention from end of investigation to indictment – 5 days for Jews; 10 days for Palestinians;
(4) detention from indictment until arraignment – 30 days for Jews; up to two years for Palestinians;
(5) detention from arraignment to end of proceedings – 9 months for Jews; up to two years for Palestinians; and
(6) judicial approval of detention extensions if proceedings continue – 3 months for Jews (per a Supreme Court judge); six months for Palestinians (per Military Court of Appeals judge).

In addition, defense lawyers rarely know charges until hearing days. Palestinian children are usually denied bail, and respect for their rights under international law is ignored.

Fourth Geneva’s Article 147 requires fair trials, holding those responsible for denying them criminally liable.

Detention Conditions

Children as young as 12, and sometimes younger, endure overcrowding, poor ventilation, little or no access to natural light, poor quality (often inedible) and inadequate amounts of food, isolation, torture and abusive treatment.

Little or no education is provided, and none in interrogation and detention centers where children are often held for three months or longer. Also, with one exception, prisons are inside Israel in breach of Fourth Geneva’s Article 76, stating:

“Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentences therein.”

The provision also requires providing proper food, medical care, and spiritual help – women in separate quarters, supervised by women, and minors getting special treatment.

Palestinian detainees get none of the above, including permits for family members to visit imprisoned relatives.

Common Complaints

From January 2001 – December 2008, “over 600 complaints were filed against Israeli Security Agency (ISA) interrogators for alleged ill-treatment and torture.” The Police Investigation Department and Justice Ministry conducted no…

Palestine Child Prisoners –

Palestine Child Prisoners, Defence for Children

‘A Nonviolent Che Guevara in Gaza’

A Nonviolent Che Guevara in Gaza
Yesterday at 3:27pm

By Ashely Bates, reprinted from her Dispatches from Gaza blog with permission

(Ed’s note. The spreading of the unarmed protests for real democracy to Gaza shows that the tactic is working. And if it works people will want to try it, in ways that defy stereotypes of “violent” Hamas-controlled Gaza. The only difference is that Israel can get away with a harsher response in Gaza so paying attention to stories like this is all the more important.)
In August of last year, I observed the weekly protest in Bi’lin, a West Bank village where the security fence under construction by Israel separates farmers from their land. As they had every Friday for more than three years, Palestinians, left-wing Israelis and international activists marched towards the fence. Kids at the front of the group threw stones at the Israeli tanks, who replied with tear gas, skunk canons and rubber bullets. It was a sobering and unpleasant experience, but I never feared for my life.

Bil’in is one of the few places in the Palestinian territories where protesters have won victories in the Israeli courts. In September of 2007, the Israeli Supreme Court decided that the wall created “undue hardship” in Bil’in and must be rerouted. The IDF began carrying out the court’s demands last month, but declared Bil’in a “closed military zone” and forbad internationals from entering Bil’in on Fridays.

Today I observed a Bil’in-inspired demonstration the buffer zone near Beit Lahiya—but instead of skunk canons and tear gas, Israeli troops immediately fired live ammunition to disperse the 100 or so Palestinians and ISM activists. No one was injured and the gunfire was aimed at the ground, but it was a terrifying experience. Protests like this have happened every week for the past two months and are attracting a growing number of participants from across Gaza.

I shared lunch with the organizer of the protests, Saber Al-Zaaneen, his wife and three young children. Mr. Zaaneen, a self-declared “left-winger” chose a gigantic picture of Che Guevara as the central decoration in his living room. (Most Gazans chose a picture of Yasser Arafat or Sheik Ahmed Yassin, the quadriplegic founder of Hamas.) He said he admired Guevara for “starting an international revolution against oppression.”

As we sat down, Mr. Zaaneen extended his hand. “You are Israeli. I am Palestinian,” he began. “No,” I interrupted, a bit startled and confused. “I am not Israeli. I am American.” He smiled kindly. “This is just an example. I want to have you in my house to drink tea. I want us both to say to our governments that we can live together in peace.”

After this awkward introduction, Mr. Zaaneen shared some of his life history. He studied sociology at the Islamic University of Gaza, has never traveled outside Gaza, and was a Fateh police officer before Hamas seized control of Gaza in 2007. He has hosted Israeli journalist Amira Hass in his home and corresponds with left-wing Israeli parliamentarians. Mr. Zaaneen is among about 100,000 former Fateh police officers who still receive their salaries from the Fateh government in Ramallah, even though he cannot work as a police officer under Hamas rule.

In July of 2008, Apache helicopters dropped fliers (see picture) warning Palestinians that they were not permitted to go within 300 meters of the border. Mr. Zaaneen knew that Israeli soldiers had shot at people and destroyed farms and houses within one kilometer of the border. Feeling that Israel would continue encroaching unless Palestinians resisted, he began organizing non-violent direct actions in the buffer zones, such as accompanying farmers as they tended their fields and searching for bodies of Palestinians killed by Israeli troops and left to rot.

During and after the Gaza War, Mr. Zaaneen dropped his plans for larger-scale demonstrations. However, he was inspired by developments in Bil’in. “I wanted to experiment with that strategy in Gaza,” he said. “The strength of these demonstrations is that they attract international activists and journalists to see what’s really happening.”

On January 9 of this year, a new flier arrived from the Apache helicopters telling Palestinians not to go within 800 meters of the border. This reenergized Mr. Zaaneen because he “wanted to send a message to Israel that this is Palestinian land and the farmers are not leaving. They bring money only from working the soil.” He visited universities and community organizations, and ultimately rallied a broad base of support. The transportation expenses and equipment are funded by private individuals; he receives no money from Fateh or Hamas.

People of all political stripes are welcome at his demonstrations, which now occur five days per week at border areas across Gaza. He calls his organization the Local Initiative Against the Buffer Zone. Every demonstrator must not bring weapons and must commit to non-violence. “I don’t resist because I want to die,” he said. “I resist because I want freedom, land, education, opportunities, no occupation. This is the message of our movement. We want the whole world to know why the Palestinian people resist.”

Ashely Bates is a freelance journalist reporting from Gaza for the first time. She speaks Arabic and previously lived in Jordan as a Peace Corps volunteer. She currently serves as Program Director at Hands of Peace, a dialogue camp for Israeli, Palestinian and American teenagers.

UPDATE: Israel’s army attacked the group’s unarmed protest again, according to the Palestine Telegraph. “Israeli occupation forces opened fire today toward a peaceful demonstration in Rafah against the Israeli buffer zone in the Gaza-Israel border, no injuries were reported.”

Source: http://www.facebook.com/notes/jewish-voice-for-peace/a-nonviolent-che-guevara-in-gaza/383563668491