Detention Bulletin

May 2013

Overview May 2013

Detention Figures
223 children detained ( 6.3%) 128 detained inside Israel ( 5.2%) 48 children aged 12-15 ( 9.1%) 1 girl in detention

Israeli forces detain a Palestinian teenager at Huwara checkpoint near Nablus. Ihab Gafree

As of May 31, 2013, a total of 223 Palestinian children were imprisoned and prosecuted in the Israeli military court system. The number of children between the ages of 12 and 15 rose to 48, an increase of 9.1 percent and the highest number since March 2009. On 16 May, two young Palestinian boys from Silwan, East Jerusalem were unlawfully detained and questioned by Israeli authorities. Around 3 pm, Israeli forces arrived at the family home of Nasrallah, 7, and Qassam, 6, to detain and question them about their cousins alleged involvement in making and throwing a Molotov cocktail, according to DCI-Palestine sources. Shortly after, their father, Iyad, took the boys to Al-Mascobiyya interrogation

center as requested by Israeli forces. At Al-Mascobiyya, Iyad was beaten by Israeli forces in front of his children, causing the boys to cry. Iyad was then taken to another room, forced to strip to his underwear, and beaten again. The boys were then interviewed separately by the Israeli interrogators. The children were not charged with any offenses, but family members believe Israeli forces made the boys witness the abuse of their father in order to coerce them to make a statement against their cousin. Under Israeli civilian law, which Israeli authorities apply to Palestinians living in East Jerusalem, the age of criminal responsibility is 12 years, the same as Israeli military law applied in the occupied West Bank.

DCI-Palestine NEWS ALERTS

22 May 2013 Video: Bullet in the head 18 May 2013 Israeli man in police uniform sexually abuses two Palestinian boys 14 May 2013 Children bear the brunt of Israeli incursions into Kfur Qaddoum 20 April 2013 Video shows Israeli forces using Palestinian teen as human shield For more visit: http://bit.ly/WQmfYp

Number of Palestinian Children in Israeli Detention: January 2008-May 2013

450 400 350 300 250 200 150 100 50 0 Jan 1 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

2008 2009 2010 2011 2012 2013

DCI-Palestine | Detention Bulletin|Issue 41|May 2013

MAY 2013 IN FIGURES

Each year approximately 500700 Palestinian children, some as young as 12 years, are detained and prosecuted in the Israeli military court system. The most common charge is for throwing stones. The overwhelming majority of these children are detained inside Israel in contravention of Article 76 of the Fourth Geneva Convention.

Total
According to the latest figures compiled by DCI from sources including the Israeli Prison Service (IPS) and Israeli army temporary detention facilities, there were 223 Palestinian children (12-17 years) in Israeli detention at the end of May 2013, a 6.3% decrease from the previous month.

Total number of Palestinian children in Israeli detention at the end of each month since Jan 2009 - Note: These figures are not cumulative
Jan 2009 2010 2011 2012 2013 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Aver.

389 318 222 170 223

423 343 221 187 236

420 342 226 206 238

391 335 220 220 238

346 305 211 234 223

355 291 209 221

342 284 202 211

339 286 180 195

326 269 164 189

325 256 150 164

306 228 161 178

305 213 135 195

355 289 192 198 232

12-15 year olds

In May, a total of 48 Palestinian children between the ages of 12 and 15 were imprisoned and prosecuted in the Israeli military court system. This represents the highest number since March 2009.

Number of young (12-15) Palestinians in Israeli detention at the end of each month since January 2009 - Note: These figures are not cumulative
Jan 2009 2010 2011 2012 2013 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Aver.

50 44 34 26
31

54 41 45 24 39

53 39 45 31 39

47 32 37 33 44

39 25 38 39 48

47 23 38 35

42 18 40 34

39 20 34 30

40 32 35 28

44 34 30 21

41 32 33 21

42 30 19 23

44 31 36 29 40

Girls in detention
There is currently one Palestinian girl being held in Israeli detention. The 17-year-old girl from Hebron was arrested at a checkpoint on 26 July 2012, after been found in possession of a knife and pepper spray, which she is accused of using on a female soldier.

Number of Palestinian girls in Israeli detention at the end of each month since January 2009 - Note: These figures are not cumulative
Jan 2009 2010 2011 2012 2013 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Aver.

5 0 1 0 1

7 0 0 0 1

6 0 0 0 1

6 1 0 0 1

6 0 0 0 1

5 0 0 0

4 0 0 1

3 0 0 1

3 0 0 1

0 0 0 1

0 1 0 1

0 1 1 1

3.8 0.3 0.2 0.5 1

Administrative detention
There are currently no Palestinian children being held without charge or trial in Israeli administrative detention. DCI continues to recommend that no child should be the subject of administrative detention and Israeli military law should be amended to reflect this position.

Number of Palestinian children held in Israeli administrative detention at the end of each month since January 2009 - Note: These figures are not cumulative
Jan 2009 2010 2011 2012 2013 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Aver.

5 0 1 0 0

6 0 0 0 0

2 2 0 0 0

2 2 0 0 0

1 2 0 0 0

1 2 0 0

1 2 0 0

1 2 0 0

1 2 0 0

1 2 0 0

1 2 0 0

0 1 1 0

1.8 1.6 0.2 0 0

DCI-Palestine | Detention Bulletin|Issue 41|May 2013

Case summaries
Lawyers and fieldworkers for DCI-Palestine collect sworn affidavits from Palestinian children in prison and upon their release. These affidavits are drafted in Arabic and further reviewed by trained staff to determine appropriate follow-up action. Each year, around 100 of these affidavits are translated into English from which brief case summaries are produced. New case summaries are regularly posted here.

9 May 2013 Name of victim: Accusation: Location: Violation: Mahmoud K. (16) & Muhammad K. (14) Throwing stones Abu Dis, Jerusalem Night arrest, physical assault

Israeli soldiers arrested Mahmoud, 16, and his younger brother Muhammad, 14, from their home around 4:20 am. Nafez, the boys father, told DCI-Palestine that nearly 30 Israeli soldiers stormed their home that night and four military jeeps were parked outside their home. Two soldiers dragged Mahmoud and Muhammad from their room out to a military jeep. Both were still in their pajamas and Muhammad was still asleep. Later that morning, the boys parents were told their sons were taken to a military camp west of Abu Dis. When their mother went to visit them, soldiers stopped her and pointed their rifles at her. Mahmoud and Muhammad were transferred to Ofer prison outside Ramallah without being interrogated. They appeared before a military judge for the first time in Ofer military court on 12 May 2013. I saw beating marks on their faces, especially the right side of Mahmouds face, said Nafez. I think they were beaten by the stocks of rifles. Muhammad was pale and traumatized. The court session was adjourned until May 16. The boys parents were told that Muhammad was at the hospital suffering from a bacterial infection in his stomach. The judge refused to release him on bail and sent Muhammad back to the hospital for further treatment. The court session was adjourned again until 2 June. The list of charges against Mahmoud and Muhammad includes throwing stones and Molotov cocktails at Israeli soldiers.

23 May 2013 Name of victim: Accusation: Location: Violation: Osama S (13) & Ahmad K (13) Throwing stones Birqin, Jenin Use of excessive force, ill-treatment, coerced confession

Israeli soldiers detained and physically assaulted Osama S, 13, and Ahmad K, 13, as they walked down the street in the West Bank town of Birqin, near Jenin. Around 2 pm, Osama told DCI-Palestine that he was on his way to a park with Ahmad when two Israeli military jeeps approached. Israeli soldiers grabbed both boys, put them each in a jeep, and beat them. At Al-Jalame checkpoint, after they were forced to strip down to their underwear, both boys were bound and blindfolded. They were forced to walk on a hot pavement barefoot and were later interrogated while only wearing their underwear. I saw the interrogator beating [Osama] with a metal club that he used later to beat me, says Ahmad.
3
DCI-Palestine | Detention Bulletin|Issue 41|May 2013

Case summaries, continued

He also hit him on the face. I was really scared when I saw him beating Osama. Osama and Ahmad were accused of possessing a bag of explosives and were physically assaulted to force a confession. The interrogator hit me at least 20 times on my back, and I was really scared of him, says Ahmad, so I signed the papers without knowing what really was written in there. Around 10:30 pm, their clothes were returned and they were transferred to Megiddo prison inside Israel.

Recommendations
No child should be prosecuted in military courts which lack comprehensive fair trial and juvenile justice standards. DCI-Palestine recommends that as a minimum safeguard in the light of consistent reports of ill-treatment and torture, the following: 1. Ensure that no child is interrogated in the absence of a lawyer of their choice and family member; 2. Ensure that all interrogations of children are audio-visually recorded; 3. Ensure that all evidence suspected of being obtained through ill-treatment or torture be rejected by the military courts; 4. Ensure that all credible allegations of ill-treatment and torture be thoroughly and impartially investigated and those found responsible for such abuse be brought to justice; 5. The practice of using solitary confinement on children must be stopped immediately.

For more information on Palestinian child detainees

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DCI-Palestine Report
Bound, Blindfolded & Convicted: Children held in military detention

Other reports
UNICEF Children in Israeli Military Detention WCLAC Womens Voices: Glimpses of life under occupation Breaking the Silence Soldiers Testimonies: Children and Youth UK lawyers Children in Military Custody

The separation barrier. DCI

DCI-Palestine | Detention Bulletin|Issue 41|May 2013 DCI-Palestine Detention Bulletin, Issue 37 January 2013