Newsletter - November 2015
Detention figures – According to the Israeli Prison Service (IPS), as of 31 October 2015, there were 5,683 Palestinians (West Bank, East Jerusalem and Gaza) held as "security prisoners" in Israeli detention facilities including 307 children
. In the case of children there was a 80 per cent increase in the number compared with the previous month and an annual decrease of 4 per cent compared with 2014. According to the IPS, 59 per cent of Palestinian children and 86 per cent of adults continue to be detained in facilities inside Israel, in violation of the Fourth Geneva Convention and Rome Statute of the International Criminal Court. A further 1,914 Palestinians were held in IPS detention as "criminal prisoners" including 38 children. Criminal offences include entering Israel without a permit, most frequently in pursuit of work. More statistics
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What the detention figures show – The latest data released by the IPS shows that in October there was an 80 per cent jump in the number of minors held in detention to 307. Not since April 2010 have there been this number of minors in Israeli military detention. The numbers of girls (3 girls) and young children (12-13 years) (2 young children) have also increased. The proportion of minors transferred from the West Bank and detained in Israel in violation of the Fourth Geneva Convention and the Rome Statute of the International Criminal Court has also jumped significantly from 73 children (43 per cent) in September, to 182 children (59 per cent) in October. This month also saw the use of administrative detention orders for minors (4 children) for the first time in nearly four years. As previously
reported, the IPS statistics understate the number of minors detained and do not include
minors held by the military and released within a few days – a number that is likely to be substantial.
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Administrative detention for minors – According to the IPS four minors (16-17 years) were detained in October on administrative detention orders. Administrative detention is a procedure outside the judicial process whereby a person can be detained without charge or trial by order of an Israeli military commander. Under
Military Order 1651, a person can be detained for up to six months with an indefinite number of renewals. The process is reviewed by a military court judge but is generally based on secret evidence which the recipient of the order is not entitled to see. Administrative detention is permitted under international law in strictly limited circumstances and only if the “security of the state … makes it absolutely necessary”. However, both the
UN Committee Against Torture and the
UN Human Rights Committee have criticised the use of the procedure which can amount to cruel, inhuman or degrading treatment or punishment. This is the first time the procedure has been used on minors since December 2011. There are currently 425 Palestinian adults held in administrative detention.
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New evidence points to deteriorating situation for minors in detention – Recent evidence collected by MCW indicates that in addition to a jump in the number of minors being detained, there has also been an increase in the level of reported abuse and other issues of concern. The latest evidence indicates an increase in reports of physical abuse, night-time arrests, transfer on the metal floor of military vehicles and strip searches above the levels reported in February 2013 when UNICEF issued its report:
Children in Israeli Military Detention. In 2013 UNICEF concluded that “the ill-treatment of children who come in contact with the military detention system appears to be widespread, systematic and institutionalized throughout the process” – a conclusion that still appears valid today based on the available evidence.
Latest evidence
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UN submission: unlawful transfer of protected persons - In November, MCW lodged a submission with the UN Working Group on Arbitrary Detention relating to the unlawful transfer and detention of Palestinian minors from the West Bank to prisons located inside Israel in violation of the Fourth Geneva Convention and the Rome Statute of the International Criminal Court. According to evidence provided by the Israeli Prison Service (IPS) an average of 88 per cent of Palestinian detainees from the West Bank, including minors, are transferred and detained inside Israel. It is currently estimated that this affects between 7,000 to 8,000 Palestinians each year and is classified under international law as a war crime.
Read more
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Early Day Motion in UK Parliament on unlawful transfer of protected persons - That this House notes that Military Court Watch has lodged a submission with the UN Working Group on Arbitrary Detention relating to the detention and transfer of Palestinian minors from the West Bank to prisons located inside Israel in violation of both the Fourth Geneva Convention and the Rome Statute of the International Criminal Court; further notes that this practice, which is classified under international law as a war crime, affects between 7,000 to 8,000 Palestinians each year, including minors, according to evidence provided by the Israeli Prison Service; and calls on the UN Working Group on Arbitrary Detention to contest the practice in a manner consistent with its jurisdiction and mandate to ensure that relevant international standards and relevant international legal instruments accepted by both Israel and Palestine as signatories to the Fourth Geneva Convention are fully and timeously addressed.
Read more
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Testimony - On 29 October 2015, a 16-year-old youth from Ni’lin is arrested by Israeli soldiers at 2:00 a.m. and accused of throwing stones. “I woke up at around 2:00 a.m. to the sound of loud banging at the front door. I was terrified. A group of Israeli soldiers entered our house and started to talk to my father telling him they had come to arrest me. The soldiers asked to see my identity card and told me to step aside. Then they told me to go outside. I asked to be allowed to get dressed but the soldiers refused. The soldiers led me to a waiting military jeep. They tied my hands to the back with one plastic tie which was very tight. They also blindfolded me and took me into the back of the jeep and made me sit on the metal floor. A soldier beat me with his gun in my eye and another soldier accused me of throwing stones at soldiers.
Read more
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