In their own Words: A report on the situation facing Palestinian children detained in occupied East...

8/3/2019 In their own Words: A report on the situation facing Palestinian children detained in occupied East Jerusalem. Repor

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Defence for Children InternationalPalestine Section

In their own Words:

A report on the situation facing Palestinian children detained in

occupied East Jerusalem

Reporting period:

1 July to 31 December 2011

Submitted:

30 January 2012

Submitted to:

1) UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or

punishment;

2) UN Special Rapporteur on the independence of judges and lawyers;

3) UN Working Group on Arbitrary Detention; and

4) UN Special Rapporteur on the situation of human rights in the Palestinian territories

occupied since 1967.

This report is submitted on behalf of Defence for Children InternationalPalestine Section (DCI-

Palestine), a national section of the international non-governmental child rights organisation

and movement, Defence for Children International, established in 1979, with consultative status

with ECOSOC.


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Index

1. Executive summary ........................................................................................... 3

2. Introduction ........................................................................................................ 4

3. Overview ........................................................................................................ 4

4. DCI cases during the reporting period ........................................................ 5

4. General protections under Israeli civilian law ............................................ 7

5. Specific issues of concern ................................................................................ 8

A. Arrested between midnight and 5:00 am ............................................ 8

B. Hand ties and blindfolds .................................................................... 9C. Physical violence ................................................................................ 10

D. Threats and verbal abuse .................................................................... 12

E. Interrogated in the absence of a parent ............................................ 13

F. Confession during interrogation ........................................................ 13

G. Signed/shown documents written in Hebrew ............................................ 14

6. Concluding remarks and recommendations ............................................ 15

Annexure 1

Executive summary (January to June 2011) ........................................... 16

Annexure 2

Cumulative table of issues of concern ....................................................... 17


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1. Executive summary

1.1 This Report is based on data collected from 68 cases in which DCI-Palestine provided

legal assistance to Palestinian children from East Jerusalem who were detained by Israeli

authorities during the last six months of 2011 (reporting period). The Report also relies

on 23 testimonies collected from children who were detained during the same period.

1.2 The Report identifies the principal locations in East Jerusalem where Palestinian children

were detained during the reporting period. In order of magnitude, these include: Shufat

refugee camp, Isawiyya, At-Tur and Silwan. One explanation for the number of arrests

in the Shufat refugee camp, is that changes to a nearby checkpoint during the reporting

period resulted in an increase in tension, which in turn led to clashes between Palestinian

youths and Israeli forces. In the case of Silwan, the continued presence of Israeli settlers

and the threat of house demolitions continue to cause high levels of anxiety which also

leads to clashes, followed by arrests in many cases.

1.3 During the reporting period, DCI has observed a spike in the number of cases in which

children report being subjected to physical violence and threats during arrest and

interrogation, as well as an alarming increase in the number of cases in which children

were questioned in the absence of one of their parents. On a positive note, DCI did not

document any cases in which children were detained with adults or cases in which

children under 12 years were arrested. However, this should not be interpreted to mean

that these issues did not occur during the reporting period. The most common complaints

and areas of concern raised by the children in their testimonies are presented in Table 1.

Table 1Common complaints and issues of concern1 July to 31 December 2011

# Common complaints and issues of concernNumber of

cases

Percentage

of children

1 Hand ties 22 96%

2 Physical violence 21 91%

3 Interrogated in the absence of a parent 21 91%

4 Threats 20 87%

5 Not informed of the right to silence 17 74%

6 Signed/shown documents written in Hebrew 17 74%

7 Arrested between midnight and 5:00 am 14 61%8 Blindfolds 14 61%

9 Verbal abuse 13 57%

10 Confession during interrogation 13 57%

11 Detained with adults 0 0%

12 Interrogation of children under 12 years 0 0%


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2. Introduction

2.1 This is the third six-monthly report submitted by DCI-Palestine to the UN in which the

situation facing Palestinian children detained by Israeli authorities in occupied East

Jerusalem is considered. The first two reports in the series are available online, and the

executive summary for the previous report is annexed (Annexure A).1

2.2 The Report covers the period 1 July to 31 December 2011 (reporting period), and is

based on data collected from 68 cases in which DCI-Palestine provided legal assistance

to children detained for questioning. It should be noted that these cases do not represent

the totality of cases involving the arrest of children during the reporting period they are

simply those represented by DCI-Palestine. The Report also relies on 23 sworn

testimonies collected from children during the reporting period.

2.3 During the reporting period, DCI-Palestine also collected 36 testimonies from children

living in the occupied West Bank who were prosecuted in the Israeli military court

system. These cases are dealt with in a separate report as Israeli authorities generally

apply Israeli civilian law to Palestinian children living in East Jerusalem, whereas Israeli

military law is applied to Palestinian children living in the West Bank.2

The application

of Israeli civilian law in East Jerusalem follows the annexation of the east of the city

following the cessation of fighting in June 1967. It is important to note that the

annexation has no legal effect and is not officially recognised outside Israel.3

3. Overview

3.1 Around 270,000 Palestinians currently reside in East Jerusalem, in addition to 200,000

Israeli settlers, residing in settlements.4 Approximately 55,000 Palestinian residents of

East Jerusalem are physically separated from the urban centre by the Wall. While 35

percent of East Jerusalems land has been confiscated for the development of Israeli

settlements, only 13 percent of East Jerusalem is zoned for Palestinian construction.

Further, at least 32 percent of all Palestinian homes in East Jerusalem lack building

1See also: DCI-Palestine, Voices from East Jerusalem: The situation facing Palestinian children (August 2011).

Available at: http://www.dci-palestine.org/documents/new-dci-report-voices-east-jerusalem-situation-facing-

palestinian-children-20112DCI-Palestine, In their own words: A report on the situation facing Palestinian children detained in the Israeli

military court system, (January 2012). Available at: http://www.dci-palestine.org/sites/default/files/un_sp_-

_detention_-_west_bank_-_jan_2012.pdf3See: UN Security Council resolutions 298 and 478; and the Advisory Opinion of the International Court of Justice

(ICJ) on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2004) (ICJ

Wall Opinion). Available at:http://www.icj-cij.org/docket/files/131/1677.pdf4Under international law, Israeli settlements in East Jerusalem and the West Bank are illegal: see Article 49 of the

Fourth Geneva Convention and the Advisory Opinion of the International Court of Justice on the Legal

Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2004).
http://www.dci-palestine.org/documents/new-dci-report-voices-east-jerusalem-situation-facing-palestinian-children-2011http://www.dci-palestine.org/documents/new-dci-report-voices-east-jerusalem-situation-facing-palestinian-children-2011http://www.dci-palestine.org/documents/new-dci-report-voices-east-jerusalem-situation-facing-palestinian-children-2011http://www.dci-palestine.org/sites/default/files/un_sp_-_detention_-_west_bank_-_jan_2012.pdfhttp://www.dci-palestine.org/sites/default/files/un_sp_-_detention_-_west_bank_-_jan_2012.pdfhttp://www.dci-palestine.org/sites/default/files/un_sp_-_detention_-_west_bank_-_jan_2012.pdfhttp://www.icj-cij.org/docket/files/131/1677.pdfhttp://www.icj-cij.org/docket/files/131/1677.pdfhttp://www.icj-cij.org/docket/files/131/1677.pdfhttp://www.icj-cij.org/docket/files/131/1677.pdfhttp://www.dci-palestine.org/sites/default/files/un_sp_-_detention_-_west_bank_-_jan_2012.pdfhttp://www.dci-palestine.org/sites/default/files/un_sp_-_detention_-_west_bank_-_jan_2012.pdfhttp://www.dci-palestine.org/documents/new-dci-report-voices-east-jerusalem-situation-facing-palestinian-children-2011http://www.dci-palestine.org/documents/new-dci-report-voices-east-jerusalem-situation-facing-palestinian-children-2011


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permits, which are difficult to obtain, potentially placing at least 86,500 residents at risk

of displacement through house demolition.5

These factors contribute to tensions in the

east of the city.

3.2 It is against this backdrop that organisations working in East Jerusalem have reported a

sharp increase in the number of children being arrested and accused of throwing stonessince 2010. According to Israel Police figures, between November 2009 and October

2010, the Jerusalem District opened 1,267 criminal files against Palestinian children

living in East Jerusalem who were accused of throwing stones.6

4. DCI cases during the reporting period

4.1 The majority of the children represented by DCI-Palestine during the reporting period

come from the neighbourhoods ofShufat, Isawiyya, At-Tur and Silwan.

Table 2Geographical distribution of DCI cases1 July to 31 December 2011

# Location Number

1 Shufat refugee camp 25

2 Isawiyya 15

3 At-Tur 14

4 Silwan 9

5 Ras Al-Amud 3

6 Beit Hanina 1

7 Old City 1

68

4.2 During the reporting period, DCI-Palestine documented a sharp increase in cases from

the Shuafat refugee camp. Shuafat refugee camp is located within the municipal

boundaries of Jerusalem, and is home to approximately 20,000 Palestinians. Although

approximately 50 percent of the camps inhabitants have Israeli permanent residency

status, the area is physically separated from Jerusalem by the Wall.7 During the reporting

period, changes to the checkpoints linking the camp with Jerusalem have given rise to

anxiety among residents that they will lose their permanent residency status. This in

turn, has led to increased tensions and clashes at checkpoints between Palestinian youths

and Israeli security forces.

5 UNOCHA, East Jerusalem: Key Humanitarian Concerns, (December 2011). Available at:

http://www.ochaopt.org/documents/ocha_opt_Jerusalem_FactSheet_December_2011_english.pdf6BTselem, Caution: Children Ahead The Illegal Behaviour of the Police towards Minors in Silwan Suspected of

Throwing Stones, (December 2010) page 13.7 Ir Amin, Behind the Wall Shuafat Refugee Camp. Available at: http://www.ir-

amim.org.il/eng/?CategoryID=330
http://www.ochaopt.org/documents/ocha_opt_Jerusalem_FactSheet_December_2011_english.pdfhttp://www.ochaopt.org/documents/ocha_opt_Jerusalem_FactSheet_December_2011_english.pdfhttp://www.ir-amim.org.il/eng/?CategoryID=330http://www.ir-amim.org.il/eng/?CategoryID=330http://www.ir-amim.org.il/eng/?CategoryID=330http://www.ir-amim.org.il/eng/?CategoryID=330http://www.ir-amim.org.il/eng/?CategoryID=330http://www.ochaopt.org/documents/ocha_opt_Jerusalem_FactSheet_December_2011_english.pdf


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4.3 Tensions also remain high in Silwan, which is situated just outside the walls of the old

city, and is home to approximately 16,500 Palestinians.8

According to the UN, Silwan

has become one of the main centres of Israeli settlement activity and is currently home to

380 settlers who live in properties taken over by various means from their original

Palestinian residents.9

According to the UN, Palestinian residents of Silwan reportharassment and intimidation by the settlers and their security guards, and clashes between

residents and soldiers and police are frequent, which in turn, leads in many cases to arrest

and detention. On 21 June 2010, the Jerusalem Municipalitys Planning and Building

Committee approved a plan to demolish 22 Palestinian houses in Silwan to make way for

an archaeological garden, adding to tensions in the neighbourhood.10

4.4 During the reporting period, DCI-Palestine provided legal assistance to 68 Palestinian

children from East Jerusalem. In 46 cases (68 percent) the children were charged with

throwing stones. In the remaining 22 cases, the children were charged with vandalising

Jewish graves (11 cases); throwing Molotov cocktails (seven cases); assaulting a

policeman (three cases); and attempting to kill (one case). In seven cases (30 percent) the

children were denied bail and remain in detention pending their trial. In a further five

cases, children were released on bail after spending between 22 and 32 days in detention.

The age ranges of the children who provided DCI-Palestine with testimonies are

presented below:

Table 3Ages of 23 children who provided testimonies to DCI

Ages Number Percentage

0 - 11 0 0%12 - 13 3 13%

14 - 15 10 43.5%

16 - 17 10 43.5%

23 100%

8BTselem, Caution: Children Ahead The Illegal Behaviour of the Police towards Minors in Silwan Suspected of

Throwing Stones, (December 2010) Available at:http://www.btselem.org/Download/201012_Caution_Children_Ahead_Eng.pdf9 UN OHCHA, ,The Humanitarian Monitor, (September 2010) Available at:

http://www.ochaopt.org/documents/ocha_opt_the_humanitarian_monitor_2010_10_19_english.pdf10BTselem Available at:

http://www.btselem.org/English/Jerusalem/20100628_JM_Municipality_plans_to_demolish_22_houses_in_Silwan.

asp
http://www.btselem.org/Download/201012_Caution_Children_Ahead_Eng.pdfhttp://www.btselem.org/Download/201012_Caution_Children_Ahead_Eng.pdfhttp://www.ochaopt.org/documents/ocha_opt_the_humanitarian_monitor_2010_10_19_english.pdfhttp://www.ochaopt.org/documents/ocha_opt_the_humanitarian_monitor_2010_10_19_english.pdfhttp://www.btselem.org/English/Jerusalem/20100628_JM_Municipality_plans_to_demolish_22_houses_in_Silwan.asphttp://www.btselem.org/English/Jerusalem/20100628_JM_Municipality_plans_to_demolish_22_houses_in_Silwan.asphttp://www.btselem.org/English/Jerusalem/20100628_JM_Municipality_plans_to_demolish_22_houses_in_Silwan.asphttp://www.btselem.org/English/Jerusalem/20100628_JM_Municipality_plans_to_demolish_22_houses_in_Silwan.asphttp://www.btselem.org/English/Jerusalem/20100628_JM_Municipality_plans_to_demolish_22_houses_in_Silwan.asphttp://www.ochaopt.org/documents/ocha_opt_the_humanitarian_monitor_2010_10_19_english.pdfhttp://www.btselem.org/Download/201012_Caution_Children_Ahead_Eng.pdf


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5. General protections under Israeli civilian law

5.1 Under Israeli civilian law applied to occupied East Jerusalem, children should only be

arrested as a last resort, and children below the age of 12 years are not criminally

responsible and must not be detained.11

Further, no child below the age of 14 yearsshould be held in pre-trial detention or be given a custodial sentence.12

5.2 Israeli civilian law also places restrictions on the questioning of children at night, and

requires that children below the age of 14 must be brought before a judge within 12 hours

of their arrest, and 24 hours in the case of older children. Importantly, all children have

the right to remain silent and are permitted to be accompanied by a parent whilst being

questioned by the police in cases where they are not formally under arrest.13 Further, only

appropriately trained youth interrogators are permitted to interview children.

5.3 In regards to the mistreatment of children whilst in custody, there are no express

legislative provisions in the Israeli civilian legal system that specifically prohibit the

crime of torture and other cruel, inhuman or degrading treatment or punishment, as

required under international law.14

However, the Penal Law does impose a prison term of

up to three years for a public servant who uses force, violence or threats in order to obtain

a confession or to gather information regarding a crime.15

Further, the Supreme Court has

ruled that a a reasonable investigation is necessarily one free of torture, free of cruel,

inhuman treatment of the subject and free of any degrading handling whatsoever.16

6. Specific issues of concern

6.1 This section of the Report considers the main issues of concern raised by the 23 children

in their testimonies. The common complaints and issues of concern are presented in

Table 4:

11 Penal Law (1977) Section 34F. See also Amendment 14 to the Youth (Trial, Punishment and Modes of

Treatment) Law (2008).12Youth (Trial, Punishment and Modes of Treatment) Law (1971)Section 25(d).

13

Youth (Trial, Punishment and Modes of Treatment) Law (1971)Section 9H.14This lack of incorporating a crime of torture and ill-treatment into domestic Israeli legislation has been the subject

of recent comment and criticism by both the UN Committee Against Torture (May 2009) and the UN Human Rights

Committee (July 2010) in their Concluding Observations on Israels state reports under the Convention AgainstTorture and the Covenant on Civil and Political Rights.15Penal Law (1977)Section 277.

16Public Committee Against Torture in Israel v The State of Israel (1999) (HCJ 5100/94) page 15. Note that the

Court left open the question of whether an interrogator accused of engaging in torture or ill-treatment could rely on

the defence of necessity, suggesting that, contrary to international law, the prohibition against torture in Israel is not

absolute.


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Table 4Common complaints and issues of concern1 July to 31 December 2011


cases

Percentage

of children

1 Hand ties 22 96%

2 Physical violence 21 91%3 Interrogated in the absence of a parent 21 91%

4 Threats 20 87%



7 Arrested between midnight and 5:00 am 14 61%

8 Blindfolds 14 61%





A. Arrested between midnight and 5:00 am (61%)

6.2 In 14 out of 23 cases (61 percent), the children report being arrested from their family

homes between midnight and 5:00 am. This represents a significant increase in the

percentage of similar reported cases over the previous six-month period up from 31

percent. The practice of arresting children in the middle of the night has the tendency to

frighten the individual child and the entire family, and can lead to a lasting sense ofinsecurity.

6.3 Although the Israeli legal system does limit the circumstances in which a child can be

interrogated at night, there are no specific provisions relating to the time of arrest.

However, it is difficult to reconcile these night time arrests with one of the guiding

principles on the UN Convention on the Rights of the Child which provides that in all

actions concerning children [...] the best interests of the child should be a primary

consideration. There is no apparent good reason why the families of children wanted for

questioning can not be served with a summons to appear at a police station during

daylight hours.

6.4 In a number of cases documented by DCI-Palestine during the reporting period, parents

were told that there was an arrest warrant but were not permitted to see it when they

asked. The arresting authorities simply told the parents that they could either see it at the

police station or in court.


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B. Hand ties (96%) and blindfolds (61%)

6.5 In 22 out of 23 cases (96 percent), the children were handcuffed, often painfully so, and

in 14 cases (61 percent), they were also blindfolded. This represents a significant

increase in the percentage of similar reported cases over the previous six-month period

up from 56 and 12 percent respectively. Under section 10B of the Israeli Youth (Trial,

Punishment and Modes of Treatment) Law, alternatives to restraints should always be

considered and they should not be used beyond what is strictly necessary. Restraints

should only be used to prevent escape or to prevent harm to others, and should never

cause pain and suffering to the child.17

17See also: UN Convention on the Rights of the Child (CRC) Article 37(c); the UN Committee on the Rights of

the ChildGeneral Comment No. 10paragraph 89; the UN Standard Minimum Rules rules 33 and 34; and the

Tokyo Rulesrule 64.

[Isawiyya] At around 5:00 am, I was sleeping when I suddenly woke

up to shouting inside the house. I left my room and went out to the hall

and saw five Israeli soldiers. One of them was speaking in Arabic. He

was shouting loudly and asking my father about me. What do you

want from him? my father asked. He has to come with us now

because theres an arrest warrant against him, the soldier said. My

father requested to see the warrant, but the soldier shouted at him and

said: This is not your business; just give us the boy now. My father

refused and they knocked him down.

Rami D. (14 years)Arrested: 21 September 2011

[At-Tur] At around 4:00 am, I was sleeping when I woke up to

banging on our door. My father opened the door and many policemen

stormed the house and came to my room. I was very scared.

Sami H. (16 years)Arrested: 22 October 2011

[Shufat camp] At around 4:00 am, I woke up to shouting and

banging on the door. I was very scared, but I got up to see what was

going on. I saw five policemen from the Special Forces talking to my

father. All of them except their officer had their faces covered.

Ata Q. (15 years) Arrested: 4 December 2011


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C. Physical violence (91%)

6.6 In 21 out of 23 cases (91 percent), the children report experiencing some form of physical

violence during their arrest, transfer or interrogation. This represents a significant

increase in the percentage of similar reported cases over the previous six-month period

up from 50 percent. The types of violence typically reported include punching, slapping,

hair pulling and kicking. Although law enforcement officers conducting a lawful arrest

are permitted to use reasonable and proportional force in order to affect an arrest, many

children report being subjected to violence after they have been taken into custody, and insome cases, whilst tied.

6.7 The UN Committee against Torture has concluded that in circumstances where law

enforcement or military personnel use excessive force, this may amount to torture and/or

cruel, inhuman or degrading treatment or punishment. In order to make such a

determination, the particular facts of each individual case must be considered, and

[Shufat camp] They took me out of the house and forced me to walk

with them for about 200 metres in my pyjamas. It was really cold

outside that night. We approached a vehicle and they blindfolded me

and tightened it up. They put me in the vehicle and it travelled fast and

for a long time. I could not balance myself because I was handcuffed

and blindfolded, so I fell on a soldier. He slapped me hard across the

face and one more time on the neck. Why are you slapping me? Its

the drivers fault, I said. He pulled my hair and ordered me to shut up

you animal, dog. I was scared of him, so I did not say a word.

Musa R. (15 years)Arrested: 14 December 2011

[Shufat camp] A soldier tied my hands behind my back with one

single plastic tie and kept dragging me on the ground all the way to a

vehicle. Then he put me in the car and one of them hit me on the back

of my head so hard, I almost passed out.

Jaber A. (14 years)Arrested: 14 December 2011

[Shufat camp] I was very scared. They took me away from my father

and dragged me out of the house. They forced me to walk with them in

my pyjamas for about 20 metres, and handcuffed me behind my back.

Then, they took me to apolice car and blindfolded me.

Ata Q. (15 years) Arrested: 4 December 2011


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subjective factors, such as age and position of inferiority must be taken into

consideration.18

D. Threats (87%) and verbal abuse (57%)

6.8 In 20 out of 23 cases (87 percent), the children report being threatened, most commonly

during their interrogation. In a further 13 cases (57 percent), the children also report

being verbally abused. This represents a significant increase in the percentage of similarreported cases over the previous six-month period up from 44 and 19 percent

respectively. The absolute prohibition against torture and other cruel, inhuman or

degrading treatment or punishment relates not only to acts that cause physical pain, but

18See: The United Nations Convention Against TortureA Commentary, Nowak and McArthur (2008)pages 62,

66, 542, 557, 559 and 566 to 568; International Criminal Court for the Former Yugoslavia, Prosecutor v Brdjanin,

Case No. IT-99-38-T, Trial Chamber, 1 September 2004paragraphs 83 to 484.

[Al Mascobiyya] Then an interrogator in civilian clothes came into

the room and slapped me across the face. What do you have against

Jewish graves? he asked. I got nothing against them, I said. Then theinterrogator grabbed me by my hair and knocked me down. Now

youll confess to vandalising the Jewish graves, he said. I didnt do

anything, I said, and he kept hitting me for about 10 minutes.

Omar H. (16 years)Arrested: 11 July 2011

[Al Mascobiyya] They first handcuffed my hands from the front. The

car travelled very fast until we arrived at Al Mascobiyya interrogation

centre. They pulled me out of the car and one of them kicked me

several times. You threw stones at the tram, he said. After that Iwastaken to Room 4 and forced to stand against the wall with my hands

still handcuffed. They kept me this way for three hours.

Ibrahim Z. (16 years)Arrested: 6 September 2011

[Al Mascobiyya] When I arrived at Al Mascobiyya, they pulled me

out and one of them hit me in the back with the barrel of his rifle, and I

felt so much pain. They took me inside and forced me to sit on the floor

which was very cold. Wait here, he said and kept me sitting there for

about one-and-a-half hours, handcuffed and blindfolded.



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also acts that cause mental suffering to the victim, such as intimidation and other forms of

threats.19

E. Interrogated in the absence of a parent (91%)

5.8 In 21 out of 23 cases (91 percent), the children report being questioned without a parent

for at least part of their interrogation. This represents a significant increase in thepercentage of similar reported cases over the previous six-month period up from 69

percent. In some cases, a parent was initially allowed into the interrogation room, but was

later removed, usually after objecting to the way their child was being questioned.

19 Report of the Special Rapporteur: Question of torture, and other cruel, inhuman or degrading treatment or

punishment (2001)A/56/156/

[Al Mascobiyya] He made me stand against the wall for about half-

an-hour. After that, they forced me to sit in a very dirty chair and lower

my head. I tried to lift my head but a policeman would shout at me:You donkey, you dog, keep your head down.

Basel O. (17 years)Arrested: 2 August 2011

[Al Mascobiyya] Dont shout at the boy, my father said. Get the

hell out of here, the interrogator shouted and my father shouted back

at him, but he was eventually kicked out of the room. The interrogator

came back to the room and kept interrogating me. Now you have no

one, so youll tell the truth no matter what, he said. I told you I didnt

throw any stones, I said and he approached me and started hitting meon my head. It seems I need to deal with you differently, he said.

Well take you to a room and shock you with electricity and then put

you in a cell for one week until you tell the truth, he said. I was so

scared I had to tell the interrogator I threw stones at a police car.

Ibrahim Z. (16 years)Arrested: 2 August 2011

[Al Mascobiyya] We have evidence proving you were throwing

stones, the interrogator said. Thats not true, I said. It seems you

wont confess the easy way, so now well send you to court to get 10

days in detention and then well put you alone in a cell, he said, and I

started crying because I was very scared.



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Ensuring that a parent is present during questioning not only calms the child, but also

provides some protection against the use of improper and illegal interrogation techniques.

F. Confession during interrogation (57%)

5.9 In 13 out of 23 cases (57 percent), the children report confessing at the end of what is, in

many cases, a coercive interrogation. This represents an increase in the percentage of

similar reported cases over the previous six-month period up from 19 percent. In othercases, children report being forced to sign documents written in Hebrew without

understanding their contents. Accordingly, a number of children do not know whether

they signed confessions or not.

[Al Mascobiyya] I would like to say that I heard my father shouting

and asking to be allowed into the interrogation room, but they kicked

him out. I was alone with the interrogator. My hands were kept tiedbehind my back and the interrogator beat me a lot and insulted me.

Ihab R. (15 years)Arrested: 7 December 2011

[Al Mascobiyya] Then I was taken to a room where a man in civilian

clothes was sitting behind a desk. Sit down in the chair, he said when

I walked into the room. The man then got up and approached me. Why

did you throw stones at the new tram in Jerusalem? he asked. I

didnt, I said. Youre lying, he said and slapped me hard across the

face. Dont lie because theres evidence you were throwing stones, he

said. I didnt throw any stones, I said. Then my father came into the

interrogation room.


[Al Mascobiyya] They took me to a room. A man in civilian clothes

was sitting behind a desk with a computer in front of him. You threw

stones at the Hebrew University and the hospital in Jerusalem a few

days ago, the interrogator said to me. Thats not true, I said. He got

up and approached me and started slapping me across the face and

hitting me all over my body. He did all this before my father came toattend the interrogation.



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G. Signed/shown documents written in Hebrew (74%)

5.10 In 17 out of 23 cases (74 percent), the children report being shown, or forced to sign,

documentation written in Hebrewa language the overwhelming majority of Palestinian

children do not understand. This represents a significant increase in the percentage of

similar reported cases over the previous six-month periodup from 44 percent.

[Al Mascobiyya] If you confess now, youll go home without going to

the court, the interrogator said. But if you dont, then youll go to

court and stay in prison for a long time, he added. I was so scared I

confessed to throwing stones at a military jeep in Isawiyya.

Bashar M. (12 years)Arrested: 20 November 2011

[Al Mascobiyya] He kept shouting at me and threatening to beat me. I

was very scared of him and kept crying [DCI lawyer records that Majd

now bursts into tears]. Ill send you home today if you confess, he

said to me while I was crying, and I actually believed him. And because

I was scared of him, I confessed to throwing Molotov cocktails once

but it did not explode. I never threw it, but I had to say that because I

could not stand it anymore.

Majd S. (16 years)Arrested: 21 November 2011

[Al Mascobiyya] The interrogation was very tough, and the

interrogator kept threatening to beat me. He kept shouting and I could

not bear it, so I confessed to throwing stones and Molotov cocktails,

although I never did it. I had to confess because I could not bear the

humiliation, and I was scared of him.

Mohammad R. (16 years)Arrested: 21 November 2011

[Al Mascobiyya] After he finished interrogating me, he printed out

papers in Hebrew, even though the interrogation was in Arabic, and

ordered me to sign them. He told me it was my confession and I needto sign them so I get help in court. I was scared of him, so I signed.



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6. Concluding remarks and recommendations

6.1 During the reporting period, DCI-Palestine has documented a significant rise in the

frequency of a number of violations, including night time arrests, the use of hand ties and

blindfolds, physical violence, threats and verbal abuse, interrogations in the absence of

parents and the signing of documents written in Hebrew. One possible explanation for

this apparent increase is the location of the arrests: in 25 out of 68 cases (37 percent), the

children were arrested from Shufat refugee camp, which is separated from Jerusalem by

the Wall. It is possible that Israeli security forces conduct themselves in a different

manner when operating east of the Wall, than in urban areas of Jerusalem.

6.2 Whilst noting that all measures taken by Israel to change the physical character,

demographic composition, institutional structure or status [...] of Jerusalem, or any part

thereof have no legal validity and that Israels policy and practices of settling parts of its

population and new immigrants in those territories constitute a flagrant violation of the

Fourth Geneva Convention,20 DCI-Palestine makes the following recommendations:

(i) The immediate end to the use of violence by the Israeli army and police during

the arrest, transfer and interrogation of children in East Jerusalem;

(ii) No child should be interrogated in the absence of their parents and all

interrogations must be audio-visually recorded; and

(iii) All credible allegations of torture and/or ill-treatment must be thoroughly and

impartially investigated and those found responsible for such abuse be brought

promptly to justice.

20UN Security Council Resolution 465 of 1980.

[Al Mascobiyya] The interrogation lasted for about an hour [...] The

entire time my hands were handcuffed behind my back. The papers he

printed out were in Hebrew and he didnt explain their contents to

me.


[Al Mascobiyya] The interrogator printed out papers in Hebrew and

ordered me to sign them. I was so scared I had to sign them without

knowing their contents. He didnt explain or translate them for me.

Then, I was taken to the detention centre.



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Annexure A

Executive summary (1 January30 June 2011)

1.1 Since the commencement of 2010, organisations working in East Jerusalem have reported

a sharp increase in the number of children being arrested and accused of throwing stones.

Most of these children come from the neighbourhood of Silwan, which is situated justoutside the walls of the Old City, and is home to approximately 16,500 Palestinians.

1.2 According to the UN, Silwan has become one of the main centres of Israeli settlement

activity and is currently home to 380 settlers who live in properties taken over by various

means from their original Palestinian residents. According to the UN, Palestinian

residents of Silwan report harassment and intimidation by the settlers and their security

guards, and clashes between residents and soldiers and police are frequent, which in turn,

leads in many cases to arrest and detention. On 21 June 2010, the Jerusalem

Municipalitys Planning and Building Committee approved a plan to demolish 22

Palestinian houses in Silwan to make way for an archaeological garden, adding to

tensions in the neighbourhood.

1.3 This report covers the period 1 January to 30 June 2011 (the reporting period), and is

based on 118 cases in which DCI-Palestine provided legal assistance to children detained

during the reporting period. The report also relies on the sworn testimonies of 16 children

detained during the same period. The most common complaints and issues of concern

raised by the 16 children in their testimonies are presented in the following table:

Table 1Common complaints and issues of concern1 January to 30 June 2011


cases

Percentage

of children


2 Interrogated in the absence of a parent 11 69%

3 Hand ties 9 56%

4 Physical violence 8 50%

5 Threats 7 44%


7 Arrested between midnight and 5:00 am 5 31%



10 Blindfolds 2 12%




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ANNEX2

Key

1 Arrested between midnight and 5:00 am. 7 Interrogated in the absence of a parent

2 Hands ties 8 Signed/shown documents in Hebrew

3 Blindfolds 9 Confession during interrogation

4 Physical violence 10 Detained with adults

5 Threats 11 Interrogation of children under 12 years

6 Verbal abuse 12 Not informed of the right to silence

Table 6Cumulative table of issues of concern1 July to 31 December 2011

# Name AgeDate of

arrest1 2 3 4 5 6 7 8 9 10 11 1

1 Ahmad A. 15 3 Jul

2 Omar H. 15 11 Jul

3 Omar A.H. 16 11 Jul

4 Basel O. 17 2 Aug

5 Ahmad H. 14 14 Aug6 Ibrahim Z. 16 6 Sep

7 Rami D. 14 21 Sep

8 Khalil J. 16 19 Oct

9 Sami H. 16 22 Oct

10 Bashar M. 12 20 Nov

11 Anas D. 13 20 Nov

12 Mohammad R. 13 20 Nov

13 Majd S. 16 21 Nov

14 Mohammad R. 16 21 Nov

15 Husam H. 15 22 Nov16 Belal R. 15 4 Dec

17 Ata Q. 15 4 Dec

18 Ihab R. 15 7 Dec

19 Mohammad S. 16 7 Dec

20 Anas R. 17 7 Dec

21 Ismail S. 16 7 Dec

22 Jaber A. 14 14 Dec

23 Musa R. 15 14 Dec

Totals14 22 14 21 20 13 21 17 13 0 0 1

61% 96% 61% 91% 87% 57% 91% 74% 57% 0% 0% 74

In their own Words: A report on the situation facing Palestinian children detained in occupied East...

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