Citizen Action Monitor

New report documents Israel’s cruel treatment, illegal imprisonment of Palestinian children in 2014-15

Illegality of Israel’s behavior and the political context in which it occurred is examined.

No 1731 Posted by fw, July 24, 2016

**********

Trudeau Says His Government Willing to Criticize Canada’s ‘Friend’ Israel. — Headline from March 7, 2016 Huffington Post story.

“There are times where we disagree with our friends and we will not hesitate from pointing that out.” —Prime Minister Trudeau. (Source: Open letter to PM Trudeau — Why his willingness to criticize Israel is an empty gesture.

**********

Might the PM consider the findings of a new report, abridged below, as deserving of his criticism of his ‘friend’ Israel? If Israel’s documented cruel treatment of children is not worthy of his disapproval, what will it take to trigger his censure?

This report has demonstrated how such practices* were inflicted upon Palestinian children from whom Addameer gathered affidavits and/or legally represented. Additionally, they were painfully shackled upon arrest and during transfer to detention facilities, blindfolded, humiliated through strip-searches, exposed to uncomfortable temperatures, and deprived of sleep in order to erode their coping abilities. The actions enumerated here are cruel, damaging, and consciously employed. They are also illegal.Addameer Report

*The practices referred to in this report “amount to torture or cruel, inhuman or degrading treatment,” including —

  • Restraining in very painful conditions;
  • Threats, including death threats;
  • Kicking, punching and beating with implements;
  • Excessive use of force by law enforcement personnel and the military;
  • Incommunicado detention without access to lawyer or doctor or the ability to communicate with family members;
  • Solitary confinement;
  • Sensory deprivation and almost total prohibition of communication; and
  • Poor conditions of detention including failure to provide food, water, heating in winter, proper washing facilities, overcrowding, lack of amenities, poor hygiene facilities and limited clothing and medical care.

[Source: UNICEF. Children in Israeli Military Detention: Observations and Recommendations. February (2013), 5]

addameerArabic for conscience

Addameer Prisoner Support and Human Rights Association is a Palestinian non-governmental, civil institution that works to support Palestinian political prisoners held in Israeli and Palestinian prisons. Established in 1992 by a group of human rights activists, the center offers free legal aid to political prisoners, advocates their rights at the national and international level, and works to end torture and other violations of prisoners’ rights through monitoring, legal procedures and solidarity campaigns.

On July 22, 2016, the International Middle East Media Center, published a summary account of a new report entitled, In the Shadow of the 2014 Gaza War: Imprisonment of Jerusalem’s Children published by the Addameer Prisoner Support and Human Rights Association. This summary account is reposted here for the convenience of those who choose not to read the abridged repost below.

The report details unjust and illegal imprisonment of children at the hands of the Israeli authorities in occupied Jerusalem. Addameer represented at least 246 of these children and secured documented affidavits from the affected children, community activists, lawyers and staff members to shed light on Israeli violations of Palestinian children’s rights.

A significant part of Addameer’s report unpacks the Israeli Youth Law, which stipulates: “children should be summoned rather than arrested,” and that rehabilitation, rather than prosecution, is the primary objective when dealing with youth. However, the 246 child detainees that Addameer represented clearly demonstrate that this rule is not applied to Palestinian children.

Arrests of Palestinian children are routinely brutal and unnecessarily violent in nature. As one of Addameer’s child interviewees detailed in his affidavit, “[during my arrest] one of the soldiers choked me…and the rest focused on beating my head, kicking my legs and stomach, and punching my face. The soldiers were cursing me while beating me.”

Israeli authorities also routinely violate international law when detaining children, namely the Convention on the Rights of the Child, ratified by Israel in 1991. The paramount principle of the CRC is that the “best interests of the child shall be the primary consideration.” As the report details, actions such as isolating child detainees, restricting visits from family and lawyers, and inflicting torture practices on them are not in the best interest of any child.

Despite this blatant discrepancy, Israeli authorities continue to arrest and detain countless Palestinian children, often traumatizing them, their families and their communities in the process. As the Addameer report explains: “When Israel arrests a child, the harms of this action ripple outward to envelop the entire family, and serve as a warning to the wider community.”

Addameer condemns the actions of the Israeli authorities, particularly regarding child detainees, as “cruel, damaging, consciously employed and illegal.”

Below are reposts of chapters 1, 6, and 7 from the 78-page Addameer Report. Text highlighting has been added to identify key passages. Relevant citations appear at the end. Alternatively, to access the complete report, click on the following linked title.

**********

In the shadow of the 2014 Gaza War: Imprisonment of Jerulsalem’s children by Addameer Prisoner Support and Human Rights Association, 2016.

Table of Contents

  • Chapter 1 – Introduction
  • Chapter 2 – Historical Background
  • Chapter 3 – Current Context
  • Chapter 4 – Arrest and Detention
  • Chapter 5 – Impacts on Detainees, Their Families, and Their Communities
  • Chapter 6 – Legal Analysis
  • Chapter 7 – Conclusions: Violations of Israeli and International Law

Chapter 1 — Introduction

In July and August of 2014, Gaza held the world’s attention as Israel launched massive air strikes and ground attacks against that part of the Occupied Palestinian Territory (oPt) over a period of 50 days. The UN’s Office for the Coordination of Humanitarian Affairs (OCHA) reported that more than 2100 Palestinians were killed in the Israeli onslaught. This number does not include the many more who were wounded or traumatized as a result of the Israeli offensive. In response to the unrest following the murder of Mohammed Abu Khdeir and the subsequent war on Gaza,

Israeli occupation forces (IOF) intensified human rights violations against Palestinians in East Jerusalem including mass arrests, leading to an increase in the number of Jerusalemite Palestinians held in Israeli detention.

Not so apparent to the rest of the world however, was the lower intensity but nevertheless harsh repression that Israel continued to inflict upon Palestinians in East Jerusalem and the West Bank in 2014. While Palestinians suffer many forms of abuse and violence at the hands of Israel, this report concentrates on the detention of children from East Jerusalem between the years 2014-15, the cruel treatment they endured during arrest, detention and interrogation, and the impacts of this treatment on the children, their families, and communities. Furthermore, we examine the legal implications of Israel’s behavior and the political context in which it occurred.

According to statistics compiled by the Palestinian Monitoring Group of the PLO’s Negotiations Affairs Department, 1769 Palestinians from East Jerusalem were arrested by Israeli authorities in 2014, with a majority accused of throwing rocks or Molotov Cocktails. A sharp increase compared with the number of Jerusalemite Palestinians arrested in previous

years. This number exceeds by more than 70% the 1037 Palestinian East Jerusalemites arrested in 2013. In 2012, 393 Palestinians from East Jerusalem were detained, while another 445 were seized in 2011. There are no reliable figures available for how many of those detained were children, although Addameer alone represented 246 of them in 2014.

East Jerusalem 2014 Arrests by Month as Part of West Bank Total Arrests [1]

Month East Jerusalem Arrests West Bank Total Arrests Percent East Jerusalem
January 99 522 18.97%
February 101 442 22.85%
March 93 442 21.04%
April 81 337 24.04%
May 101 413 24.46%
June 115 775 14.84%
July 221 585 37.78%
August 231 603 38.31%
September 95 399 23.81%
October 134 380 35.26%
November 299 554 53.97%
December 199 504 39.48%
TOTALS 1769 5956 29.70%

Article 1 of the Convention on the Rights of the Child states that: “For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.” In this report we adhere to the Article 1 definition when making reference to children. Furthermore, when we use the terms “minor” and “youth,” we also have in mind persons below the age of 18.

In addition to written documents, this report draws heavily on two types of primary sources. The first of these are affidavits collected by Addameer from Palestinian children in East Jerusalem who were arrested by Israeli forces. To protect the children’s identities, they are only identified by their initials in the report. The second primary source consists of community activists, psychologists, and several Addameer staff members. Though in every case their first language is Arabic, they kindly consented to being interviewed in English. As a result, in some instances quotations have been revised in this report for clarity but without altering the interviewee’s intended meaning.

Chapter 6 — Legal Analysis

“Children arrested and detained in East Jerusalem enjoy, in theory, stronger guarantees and rights than children arrested and detained in the rest of the West Bank. However, this difference remains theoretical as, in practice, Palestinian children in East Jerusalem suffer from human rights violations very similar to those faced by Palestinian children arrested in the rest of the West Bank.”Source: Francesca Bombi, Hitting the Community at Its Heart: Arrest and Detention as a New Powerful Method of Conflict in Silwan, East Jerusalem (pp27-39) as published in War Child Holland: Evidence from the Field, 2013, Amsterdam, The Netherlands.

Israel’s annexation of East Jerusalem is illegal, not recognized by any other state, and has been condemned in numerous UN Security Council Resolutions [121]. Nonetheless, its de facto rule over the city has ramifications for arrested and detained Palestinian children. Rather than recognizing East Jerusalemite detainees as “protected persons” under International Humanitarian Law (IHL) as per their residency in an occupied territory, they are instead commonly tried under Israeli civil law. Thus if a Jerusalemite is charged with an offense which was committed in Jerusalem or in those territories which became Israel in 1948, they will be judged according to Israel’s 1977 Penal Code, the 1948 Prevention of Terrorism Ordinance, and the 1982 Criminal Procedures law. Yet, the jurisdiction of Israeli military courts which operate in the West Bank, apart from East Jerusalem, can be extended to Palestinian residents of East Jerusalem if their alleged offense was committed in or otherwise has a connection to other areas of the West Bank. “In that framework” notes Addameer executive director Sahar Francis, “Israeli authorities often detain and interrogate Palestinians from East Jerusalem under military orders, a system that permits longer periods of detention, before transferring them to the Israeli civil system for trial, where prosecutors can seek higher sentences based on the principle that security offenses are less common than in the military system in the oPt.” Francis also points out that Jewish settlers in East Jerusalem are only tried under Israeli civil law [122].

Given this reality, it makes sense to examine whether Israel’s treatment of East Jerusalemite Palestinian children conforms to its own laws. This alone however constitutes an insufficient basis for appraisal, as assessing Israel’s actions according to international legal norms will provide a pertinent and more complete evaluation of its human rights performance.

Relevant Israeli and International Law

The key piece of Israeli legislation pertaining to the arrest and detention of minors is the Youth (Trial, Punishment and Modes of Treatment) Law, 5731-1971, and specifically Amendment 14 which took effect in 2009. Central to this amendment is the notion that rehabilitation rather than the prosecution of youth is the primary objective, as this best serves the interests of the minors and the wider society as well [123]. Key norms include that “children should be summoned rather than arrested, and arrests should be used as a last resort; children are entitled to consult with a parent or a relative or a lawyer before being interrogated, and to have the parent or relative present during the interrogation; children younger than 12 years cannot be held responsible for criminal acts and should be treated as a witness; children should be brought to a judge within 12 or 24 hours of their arrest depending on their age” [124], with the shorter time period applying to those under 14 [125]. Furthermore, other than in exceptional circumstances defined by law, minors should be interrogated only during the day. And crucially for this report, both Section 10B of the Youth Law and section 9a of the Criminal Procedures Law impose strict constraints on the handcuffing and shackling of arrestees and detainees, with exceptions permitted only in certain, limited circumstances [126].

Even though Israel fails to accord the status of occupied territory to East Jerusalem and thus repudiates the applicability of IHL [International Humanitarian Law] when detaining Palestinians from the city, it nevertheless is also bound by standards established in international human rights law. The authors of Stolen Youth: The Politics of Israel’s Detention of Palestinian Children, Catherine Cook, Adam Hanieh, and Adah Kay, have identified several human rights instruments from which a “set of detailed principles and protections for child prisoners has emerged…”:

  • Universal Declaration of Human Rights (UDHR, 1948)
  • International Covenant on Civil and Political Rights (ICCPR, 1966)
  • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment (CAT, 1984)
  • Convention on the Rights of the Child (CRC, 1989)
  • Standard Minimum Roles for the Treatment of Prisoners (1955)
  • Minimum Rules for the Administration of Juvenile Justice (Beijing Rules, 1985) [127]

Of the six instruments listed here, the Convention on the Rights of the Child (CRC) is the most comprehensive in articulating rights as they specifically apply to children. Importantly, this convention has been ratified by more countries than any other human rights treaty, with Israel confirming its assent in October 1991128. When Israel amended its Youth Law 18 years later, it aimed to bring that legislation into conformity with the CRC. By way of example, the amendment’s affirmation that the arrest of minors should be a last resort, comports with article 37 (b) of the CRC. [129]

Arguably, the paramount principle enunciated in the CRC is found in article 3.1: “In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be the primary consideration.” [130] Applying the ‘best interests’ and ‘last resort’ principles, Cook, Hanieh, and Kay assert that amongst other considerations detained children should be: afforded due process rights; treated with humanity and dignity; free from torture and cruel, inhuman, and degrading treatment or punishment; held in hygienic conditions with access to medical care; and allowed to pursue their education. [131]

Thus, we see important principles of justice spelled out in both Israeli and international law, which in theory protect the rights and well-being of minors. The reality though for East Jerusalem Palestinians (and those in other parts of the West Bank), is that many of these principles are misconstrued or openly violated by Israel and cumulatively amount to a repudiation of the ‘best interests’ principle.

Chapter 7 — Conclusions: Violations of Israeli and International Law

As we have already pointed out with reference to Israeli Youth Law, “children should be summoned rather than arrested, and arrests should be used as a last resort.” A similar provision is articulated in article 37b of the CRC. The huge number of Palestinians, including children, arrested in East Jerusalem in 2014 (1769) however, demonstrates that Israeli authorities instead relied primarily on this practice rather than summoning suspects for questioning. As the Association for Civil Liberties in Israel (ACRI) points out through the words of Justice Eliahu Matza: “’The arrest of a suspect constitutes a very serious measure. Accordingly, it should not be used except in instances when absolutely necessary.’” Yet, observes ACRI, so many of the arrests have occurred days and weeks after the alleged offence (often stone-throwing) that they could not be deemed a necessary measure. Considering the commonly traumatic impact of arrest, it is reasonable to suggest that the overwhelming reliance on arrests as opposed to summonses is actually intended to prevent the child from psychologically preparing for questioning. [132]

Furthermore, the Israeli Police Ordinance “Police Conduct regarding Minors” stipulates that neither arrests of minors nor their interrogation should take place at night, other than in exceptional circumstances, while the Youth Law asserts the same prohibition regarding interrogations. [133] As this report has shown however, a great many arrests occur at night, with the first interrogations sometimes following quickly thereafter. Given the late hour, detainees may be interrogated prior to meeting with their lawyer, even though “Israeli law says that the detainee has the right to see the lawyer before interrogation” notes Addameer lawyer Farah Bayadsi. [134]

Farah Bayadsi also points out that detainees are usually not informed of the reasons or shown a warrant at the time of arrest [135], a fact borne out in affidavits Addameer gathered from East Jerusalem children who had been taken into custody. This practice fails to comport with article 9.2 of the International Convention on Civil and Political Rights (ICCPR), which Israel ratified in 1991: “Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.” [136]

As discussed in Chapter 4 of this report, by habitually claiming legal exceptions Israel has prevented parents and other relatives from attending interrogations of their children, even though such access is otherwise guaranteed in Article 9h(a) of the Youth Law. [137] Furthermore, lawyers for detained persons (including children) are not allowed to be present at their interrogations, while additional impediments and limitations placed on lawyers constrain their effectiveness and thus ultimately infringe on the due process rights of their clients. For instance, as Addameer lawyer Aouda Zbeidat explains, although a detainee must be brought before a judge within 24 hours of their arrest to determine the reasonableness of detention, police sometimes ask for extra time to conduct investigations. Judges usually comply with these requests, and thus according to Israeli law detainees may be held for up to 30 days without charge while investigations proceed [138] Crucially, Farah Bayadsi reports that for her as a lawyer “The [detainee’s] file remains confidential until I have charges. When the charges are written I then have the right to see the file.” Even then some evidence may be withheld, based on the claim that its release would be detrimental to Israel’s security. [139]

Bayadsi also points out that detainees are not permitted to call anyone until charges are laid. As a result, stresses Bayadsi, the detainee “will be afraid that there is no one to support him unless the lawyer comes. But the lawyer can’t see him all the time.” [140] Yet as Amnesty International accentuates in its Fair Trial Manual, “The rights of detainees to communicate with the outside world and to receive visits are fundamental safeguards against human rights violations, including torture or other ill-treatment and enforced disappearance. They affect the ability of an accused to prepare their defense and are required to protect the right to private and family life and the right to health.” [141]

Significantly, Israel’s sweeping restriction on communication contravenes several human rights instruments, including CRC Article 37c142, UN Rules for the Protection of Juveniles Deprived of Their Liberty 59-62143, Beijing Rules 26.5 and the Standard Minimum Rules for the Treatment of Prisoners paragraph 92. By way of illustration, the last of these standards reads:

“An untried prisoner shall be allowed to inform immediately his family of his detention and shall be given all reasonable facilities for communicating with his family and friends, and for receiving visits from them, subject only to restrictions and supervision as are necessary in the interests of the administration of justice and of the security and good order of the institution.” [144]

When lawyers do meet their detained clients, they often encounter difficulties related to space, time and privacy. Article 14(3)(b) of the ICCPR instructs that: “In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:… (b) To have adequate time and facilities for the preparation of his defense and to communicate with counsel of his own choosing.” [145]

While Article 14(3)(b) does not mention privacy, the right to communicate with one’s counsel is only meaningful if confidentiality is maintained. Thus, paragraph 34 of the Human Rights Committee, General Comment No. 32 – Article 14 on the Right to equality before courts and tribunals and to a fair trial, states that: “The right to communicate with counsel requires that the accused is granted prompt access to counsel. Counsel should be able to meet their clients in private and to communicate with the accused in conditions that fully respect the confidentiality of their communications. Furthermore, lawyers should be able to advise and to represent persons charged with a criminal offence in accordance with generally recognized professional ethics without restrictions, influence, pressure or undue interference from any quarter.” [146]

In addition, Article 67(1)(b) of the Rome Statute of the International Criminal Court explicitly links adequate time and facilities to the guarantee of confidentiality between defendant and counsel [147], whether their communications take place in person, over the phone, or in writing.

Whereas paragraph 93 of the Standard Minimum Rules for the Treatment of Prisoners stipulates that “Interviews between the prisoner and his legal adviser may be within sight but not within the hearing of a police or institution official,” [148] Addameer lawyers note that this requirement is commonly not met due to a shortage of rooms for private conversations. Instead, they often have no choice but to speak to clients in crowded halls or rooms where police officers are present. [149] Nor are lawyers able to provide detainees with documents pertaining to their case. Such documents will not remain confidential says Farah Bayadsi, because “When you want to give the suspect something, you have to ask for the interrogator’s permission. They have to see the content of the document.” [150]

No legal analysis of the arrest and detention of Palestinian children in East Jerusalem can be complete without addressing the physical and psychological harms they are subjected to by Israeli authorities. Addameer contends that Israel’s actions as described in this report violate the right to be treated with humanity and respect for the inherent dignity of the human person as enumerated in Article 10.1 of the ICCPR151 and Article 37c of the CRC152, and the right to be free from torture, cruel, inhuman, and degrading treatment or punishment153 Furthermore, while arrested and detained children are legally entitled to remain silent and not incriminate themselves [154], the threats and harsh treatment meted out to them render inoperative these putative rights.

Article 1 of the Convention Against Torture (CAT) states:

“The term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain for suffering arising only from, inherent in or incidental to lawful sanctions.” [155]

The prohibition against torture, and other cruel, inhuman or degrading treatment is further enshrined in customary international law and is a peremptory norm of international law of which no derogation is permitted. Article 2.2 of CAT states that “No exceptional circumstances exist whatsoever, whether a state of war or threat of war, internal political instability or any other public emergency, which may be invoked as a justification of torture.” [156]

The Committee against Torture has further established that the following are examples of practices that amount to torture or cruel, inhuman or degrading treatment:

  • Restraining in very painful conditions
  • Threats, including death threats
  • Kicking, punching and beating with implements
  • Excessive use of force by law enforcement personnel and the military
  • Incommunicado detention without access to lawyer or doctor or the ability to communicate with family members
  • Solitary confinement
  • Sensory deprivation and almost total prohibition of communication
  • Poor conditions of detention including failure to provide food, water, heating in winter, proper washing facilities, overcrowding, lack of amenities, poor hygiene facilities and limited clothing and medical care. [157]

This report has demonstrated how such practices were inflicted upon Palestinian children from whom Addameer gathered affidavits and/or legally represented. Additionally, they were painfully shackled upon arrest and during transfer to detention facilities, blindfolded, humiliated through strip-searches, exposed to uncomfortable temperatures, and deprived of sleep in order to erode their coping abilities. The actions enumerated here are cruel, damaging, and consciously employed. They are also illegal.

END OF BODY OF REPORT

**********

ENDNOTES

1 Data gathered from the Palestinian Monitoring Group

121 United Nations Security Council (SC). Resolution 252, 21 May, 1968; Resolution 267, 3 July, 1969; Resolution 271, 21 August, 1969; Resolution 298, 25 September, 1971; Resolution 446, 22 March, 1979; Resolution 452, 20 July 1979; Resolution 471, 5 June 1980; Resolution 476, 28 May 1980; Resolution 478, 20 August 1980; Resolution 592, 8 December 1986; Resolution 605, 22 December 1987; Resolution 904, 18 March 1994. Available at: http://www.un.org/en/sc/documents/resolutions/

122 Francis, Sahar. Denial of the Right to Life and Liberty of Person as an Act of Apartheid. Resource Center for Palestinian Residency & Refugee Rights, no. 47 (2011). Available at: https://www.badil.org/publication/periodicals/al-majdal/item/1696-art8.html.

123 Baugarten-Sharon, Naama. No Minor Matters: Violation of the rights of Palestinian minors arrested by Israel on suspicion of stone throwing. B’Tselem, (2011), 8 & 9.

124 Defence for Children International/Palestine. Israel’s compliance with the international covenant on civil and political rights: shadow report to the fourth periodic report of Israel – Situation facing Palestinian children detained by Israeli forces and policies in the occupied West Bank, including East Jerusalem. (2014), 17.

125 Defence for Children International – Palestine. In their own words: A report on the situation facing Palestinian children detained in occupied East Jerusalem. 31 December 2011, Sec 5.

126 Alyan, Nisreen. Violations of the “Youth Law (Adjudication, Punishment and Methods of Treatment) – 1971” by the Israeli Police in East Jerusalem. The Association for Civil Rights in Israel. March 2011; Baumgarten-Sharon, Naama. Caution: Children Ahead. The illegal behavior of the police toward minors in Silwan suspected of stone throwing. B’Tselem. December (2010), 20.

127 Cook, Catherine, Adam Hanieh, and Adah Kay. Stolen Youth: The Politics of Israel’s Detention of Palestinian Children. London: Pluto Press (2004). 42 & 43.

128 United Nations Treaty Collection. Convention on the Rights of the Child. Chapter IV Human Rights. 20 November 1989, available at: https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11&chapter=4&lang=en

129 Baugarten-Sharon, Naama. No Minor Matters: Violation of the rights of Palestinian minors arrested by Israel on suspicion of stone throwing. B’Tselem, (2011), 9; United Nations Human Rights. Convention on the Rights of Child. November 1989, available at: http://www.ohchr.org/en/professionalinterest/pages/crc.aspx

130 United Nations Human Rights. Convention on the Rights of Child. November 1989, available at: http://www.ohchr.org/en/professionalinterest/pages/crc.aspx

131 Cook, Catherine, Adam Hanieh, and Adah Kay. Stolen Youth: The Politics of Israel’s Detention of Palestinian Children. London: Pluto Press (2004). 43 & 44.

132 Alyan, Nisreen. Violations of the “Youth Law (Adjudication, Punishment and Methods of Treatment) – 1971” by the Israeli Police in East Jerusalem. The Association for Civil Rights in Israel. March 2011

133 Ibid; Baumgarten-Sharon, Naama. Caution: Children Ahead. The illegal behavior of the police toward minors in Silwan suspected of stone throwing. B’Tselem. December (2010), 13,18,19.

134 Farah Bayadsi, interviewed by Bill Skidmore. Jerusalem, 16 January 2015.

135 Ibid.

136 United Nations Human Rights. International Covenant on Civil and Political Rights. December 1966, available at: http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx

137 Alyan, Nisreen. Violations of the “Youth Law (Adjudication, Punishment and Methods of Treatment) – 1971” by the Israeli Police in East Jerusalem. The Association for Civil Rights in Israel. March 2011

138 Aouda Zbeidat, interviewed by Bill Skidmore. Ramallah, 22 January 2015.

139 Farah Bayadsi, interviewed by Bill Skidmore. 16 January 2015.

140 Ibid.

141 Amnesty International. Fair Trial Manual – Second Edition. 9 April 2014, available at: https://www.amnesty.org/en/documents/pol30/002/2014/en/

142 United Nations Human Rights. Convention on the Rights of Child. November 1989, available at: http://www.ohchr.org/en/professionalinterest/pages/crc.aspx

143 United Nations General Assembly. United Nations Rules for the Protection of Juveniles Deprived of their Liberty. 14 December 1990, available at: http://www.unrol.org/files/TH007.PDF

144 United Nations. Standard Minimum Rules for the Treatment of Prisoners. 13 May 1977. Available at: http://www.ohchr.org/Documents/ProfessionalInterest/treatmentprisoners.pdf

145 United Nations. International Covenant on Civil and Political Rights. 23 March 1976, available at: http://www.ohchr.org/Documents/ProfessionalInterest/ccpr.pdf

146 United Nations. International Covenant on Civil and Political Rights. General Comment No.32. Article 14: Right to equality before courts and tribunals and to a fair trial. 23 August 2007, available at: http://www.un.org/ga/search/view_doc.asp?symbol=CCPR/C/GC/32

147 International Criminal Court (ICC). Rome Statute of the International Criminal Court. 17 July 1998. (Art.67.1.b), available at: http://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-0a655eb30e16/0/rome_statute_english.pdf

148 United Nations. Standard Minimum Rules for the Treatment of Prisoners. 13 May 1977, available at: http://www.ohchr.org/Documents/ProfessionalInterest/treatmentprisoners.pdf

149 Aouda Zbeidat, interviewed by Bill Skidmore. Ramallah, 22 January 2015; Farah Bayadsi, interviewed by Bill Skidmore. Jerusalem, 16 January 2015.

150 Farah Bayadsi, interviewed by Bill Skidmore. Jerusalem, 16 January 2015.

151 United Nations. International Covenant on Civil and Political Rights. 23 March 1976 (Art. 10.1), available at: http://www.ohchr.org/Documents/ProfessionalInterest/ccpr.pdf

152 United Nations Human Rights. Convention on the Rights of Child. November 1989 (Art. 37c), available at: http://www.ohchr.org/en/professionalinterest/pages/crc.aspx

153 United Nations. Convention against torture and other cruel, inhuman or degrading treatment of punishment. 26 June 1987. Available at: http://www.unhcr.org/49e479d10.html; United Nations Human Rights. Convention on the Rights of Child. November 1989 (Art. 37a), available at: http://www.ohchr.org/en/professionalinterest/pages/crc.aspx ; United Nations. International Covenant on Civil and Political Rights. 23 March 1976 (Art. 7), available at: http://www.ohchr.org/Documents/ProfessionalInterest/ccpr.pdf ; United Nations. The Universal Declaration of Human Rights. 10 December 1948 (Art. 5), available at: http://www.un.org/en/documents/udhr/index.shtml#a5

154 International Criminal Court (ICC). Rome Statute of the International Criminal Court. 17 July 1998. (Art.5). Available at: http://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-0a655eb30e16/0/rome_statute_english.pdf ; United Nations. International Covenant on Civil and Political Rights. 23 March 1976 (Art. 14.3), available at: http://www.ohchr.org/Documents/ProfessionalInterest/ccpr.pdf ; United Nations Human Rights. Convention on the Rights of Child. November 1989 (Art. 40.2b), available at: http://www.ohchr.org/en/professionalinterest/pages/crc.aspx

155 United Nations. Convention against torture and other cruel, inhuman or degrading treatment of punishment. 26 June 1987. (Art. 1), available at: http://www.unhcr.org/49e479d10.html

156 United Nations. Convention against torture and other cruel, inhuman or degrading treatment of punishment. 26 June 1987. (Art. 2.2), available at: http://www.unhcr.org/49e479d10.html

157 UNICEF. Children in Israeli Military Detention: Observations and Recommendations. February (2013), 5, available at: http://www.unicef.org/oPt/UNICEF_oPt_Children_in_Israeli_Military_Detention_Observations_and_Recommendations_-_6_March_2013.pdf

FAIR USE NOTICE – For details click here

%d bloggers like this: