Newsletter - April 2015
Detention figures – According to the Israeli Prison Service (IPS), as of 31 March 2015, there were 5,591 Palestinians (West Bank, East Jerusalem and Gaza) held as "security prisoners" in Israeli detention facilities including 182 children
. In the case of children there was no change in the number compared with the previous month but an annual decrease of 7 per cent compared with 2014. According to the IPS, 46 per cent of Palestinian children and 91 per cent of adults continue to be detained in facilities inside Israel, in violation of Article 76 of the Fourth Geneva Convention. A further 2,119 Palestinians were held in IPS detention as "criminal prisoners" including 23 children. Criminal offences include entering Israel without a permit, most frequently in pursuit of work. More statistics
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MCW Progress Report (April 2015) – The report reviews developments in the treatment of children in the military court system since UNICEF concluded that "ill-treatment appears to be widespread, systematic and institutionalised" in March 2013. The report reviews 185 testimonies and focuses particularly on developments during the past 6 months. Although there has been a considerable level of official activity in terms of continuing dialogue, amendments to the military law and the re-issuance of standard operating procedures, in terms of the treatment of children, MCW concludes that little has changed and UNICEF’s assessment that ill-treatment is “widespread, systematic and institutionalized” is still valid as of April 2015.
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Children prevented from effectively exercising legal rights – In April MCW documented a case in which a minor was provided with a written document which included information about his legal rights whilst in custody. This follows a 2013 UNICEF recommendation that all children should be given written information about their rights, including the right to silence and prompt access to a lawyer, at the time of arrest. However, when the circumstances of the case are considered in greater detail, this development is less than positive and suggests that the military authorities are either unwilling or unable to implement UNICEF’s recommendations in good faith.
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Rome Statute enters into force in Palestine - Following Palestine’s accession on 2 January 2015, the Rome Statute entered into force for Palestine on 1 April 2015. The Government of Palestine accepted, by means of a declaration under article 12(3) of the Statute, the International Criminal Court (ICC) has jurisdiction for crimes committed on the territory of Palestine since 13 June 2014. Potential crimes over which the ICC may exercise jurisdiction include,
inter alia: alleged war crimes committed in Gaza by all parties during “Operation Protective Edge”; acts of torture or inhuman treatment; unlawful deportation or transfer or unlawful confinement; and the transfer by the Occupying Power of parts of its own civilian population into the territory it occupies.
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Testimony – On 7 April 2015, a 15-year-old youth from Al Arrub refugee camp is arrested by Israeli soldiers at 2.30 a.m.“I heard the sound of people outside followed by loud banging on the front door. It was 2.30 a.m. My father rushed to open the door because he didn’t want the door broken down. Israeli soldiers then entered the house and immediately asked for everyone’s ID cards. When they saw my ID card a soldier told my father they were arresting me. One of the soldiers then told me to get dressed. My hands were then tied in front of me with three plastic ties: one on each wrist and one connecting the two. The ties were painful. I was then led out of the house.”
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Debate in Norwegian Parliament on the treatment of children in Israeli military detention - MPs from several parties spoke and there was broad agreement that human rights standards must be upheld. The Minister for Foreign Affairs stated that the issue was the subject of dialogue with the Israeli authorities and that Norway would continue to raise its concerns. The Minister also stated that although there had been recent developments in the military court system, these were not sufficient to bring about positive change in the way children were being treated.
Political news
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Haaretz: Palestinian boy is free from jail, but not from nightmares - This teenager needs psychological therapy. He stares at the floor, grimaces when asked to relate what happened to him a few months ago, and doesn’t sleep at night. His parents are aware of his situation. But there’s no one to help him, much less pay for any sort of therapy. Apart from one visit by members of Doctors Without Borders, no one has diagnosed or treated him. These days, 16-year-old Hamzeh Abu Hashem spends most of his time at home, silent, eyes fixed on the floor. Occasionally he gazes through a window at the street; sometimes he goes to his brother’s small store, down the street, to help out. His older brother, Mohammed, 19, is still in an Israeli prison.
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