Studies

Palestinian Child Political Prisoners in cruel, inhuman and degrading conditions

Child &Youth Department

Ministry of Detainees and Ex-Detainees Affairs

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Key Figures and Facts:

 

·               At least 2500 children have been subjected to arrest since Sept 2000.

·               391 Palestinian children under 18 years are still detained in Israeli detention centers. While More than 400 prisoners exceeded age 18 in prison.

·               7% of child prisoners suffer diseases and denied medical care.

·               50% of child prisoners from rural areas.

·               77% of child prisoners arrested from their homes.

·               25% of child prisoners from Nablus area.

·               83% of child Prisoners are school students.

·               Average family size of child prisoners is 9 members.

·               74% of child prisoners belong to families with 7-12 members.

·               41% of child prisoners belong to families with very low income.

 

 

Since the outbreak of Al Aqsa Intifada in September 2000, more than 2500 Palestinian children have been arrested.  391 children are still prisoned in Israeli prisons and detention facilities.  Most of them are held within the Israeli proper far from their place of residency.  While about 400 Palestinian prisoners exceed age 18 in prison.

 

Prisoners without Rights:

The conditions in which the Palestinian children are held are below the minimum standards laid down by the UN (CRC and Beijing rules) and the Fourth Geneva Convention.  The incarceration conditions of children have been deteriorating at an alarming scale, to the extent that the lives of the children are threatened.

The international human rights instruments lay down a series of guarantees to people who are arrested or detained.  These guarantees must be applied to all without discrimination on the basis of race, colour, sex, language, religion, political opinion, social origins, birth or other status.

These guarantees include among others: the right not to be arbitrary arrested; the right to be informed of the reason of arrest; the right of access to lawyers; the right to inform or have informed their families of their arrest and place of detention; the right to be brought promptly before a judge; the right to challenge the lawfulness of detention; the right to have access to the outside world; and the right to be treated with humanity and respect for the inherent dignity of the human being.

Few Palestinian living in the OPT who have been arrested or detained by Israeli occupation authorities enjoy these rights. Palestinians arrested by Israeli security services are under a system of military justice.

 

Children Arrest As the First Resort:

Israeli Occupation Authorities don’t deprive Palestinian children from their freedom as a measure of last resort and for a minimum period of time (Article 37 of the CRC), instead of that, Palestinian children are being arrested as the first resort and imprisoned for long periods of time.

The Palestinian child prisoners are subjected to various forms of inhuman and cruel treatment-including beatings, sleep and food deprivation, position abuse (Shabeh), threatening language (including threats of death, sexual assault, and/or threats on his/her life or that of family members) and isolation-while undergoing interrogation by Israeli General Security Services, the Military Intelligence, or the Police.  During interrogation Palestinian children are denied a contact with a lawyer or a relative.  Lawyers are denied access during this period, and it is in fact very difficult to find out where a child is being held.

 

Military Orders and racial Discrimination:

The Palestinian child prisoners are tried before and sentenced by Israeli military courts, although the Palestinian Authority has a juvenile justice system that can deal with children in conflict with the law.  The Israeli military courts implement military orders and not juvenile-related legislation.  Unlike Palestinian child prisoners, Israeli children who are in conflict with the law are dealt with through the Israeli juvenile justice system.

According to Israeli military orders, a Palestinian child is any person who has not yet attained the age of 16 years, while article 2 of the Israeli juvenile Offenders Ordinance defines an Israeli child as any person who has not yet attained the age of 18 years.

 

Disproportionate Imprisonment:

Disproportionate imprisonment sentences are the only treatment disposition rendered under by the Israeli Military Court. There is a Palestinian child who has been sentenced to life imprisonment, 3 children are sentenced for 15 years, 4 children sentenced for 5-9 years.  The rest of children were sentenced to 6-18 months for the charge of throwing stones in addition to financial bills of 250-1500 Us Dollars.

 

Sick Child Prisoners: 

The Ministry records show that among the child prisoners, there are 30 sick children.  This means that around 7% of the child detainees are suffering different diseases. The sick detainees are denied access to medical care and at the same time the Israeli authorities do not medically serve them.

The records show that 41.6% of theses diseases resulted directly or indirectly from the deteriorating unhealthy and inhuman incarceration conditions.

In general, child prisoners do not receive adequate and appropriate medical treatment.  Acamol is prescribed for every disease.   The prison authorities do not address themselves to the poor hygienic conditions in the children’s cells.  Scabies, an infectious disease is present in most prisons.  The children, who are frequently transferred from a prison to another, continuously transmit the disease to each prison.   The prison authorities do not follow the doctors’ instructions for disinfecting the cells and the bedding.

Meanwhile, the child detainees suffer from diseases that are directly resulted from hard conditions of incarceration: rheumatic (from cold and damp cells), asthma (from poor ventilation), and hemorrhoids (from too heavily spiced food).

 

 

 

Distribution of child prisoners in detention centers up to October 2004

Prison/ Detention Centre

Number of child prisoners

Hasharon(Telmond)

81

Ofek Hasharon

15

Ramleh prison and Hospital

6

Ofer

55

Keseot(Naqab)

49

Meggeddo

62

Salim

11

Qadomim

6

Hewwarah

15

Jalameh

3

Betah Tekva

7

Asqalan

3

Etzion

33

Russian Compound(Masqobeyya)

13

Benyamin

32

 

 

Child Prisoners According Type of Imprisonment

Imprisonment

Number

Pending Trial

270

Sentenced

101

Without Charge(Administrative Detention)

20

 

Child Prisoners According to Governorates:

As for the distribution of Detainees according to Place of residency, it’s as follows:

Governorate

Number of Child Prisoners

Jerusalem

27

Hebron

75

Tulkarem

22

Jenin

57

Nablus

98

Bethlehem

50

Ramallah

53

Qalqelyah

4

Salfit

5

 

Child Detainees According to their Current Age:

Age by Yeras

Number of Detainees

12-14

5

>14-16

95

>16-18

291

 

 

 

Children According to Year of Arrest

Year

Number of Prisoners

2001

1

2002

21

2003

123

2004

246

 

Child Prisoners According to Place of Arrest

Place of Arrest

Percentage

Family House

77%

Street

17%

Military Checkpoint

5%

Near Settlement or Inside Israel

1%

 

 

Child Prisoners According to Charges( out of 163 file)

Charge

Percentage

Without Charge(Administrative)

10%

Stone Throwing

40%

Possession and/or throwing Molotov Cocktail

7%

Membership of “banned groups”

9%

Attempted Killing Israelis

7%

Possession of weapons/explosives

7%

Attempted suicide bombing

20%

 

 

Socio-Economic Status of Child Prisoners:

 

Children According to Origins

Place of Origin

Percentage

Rural Areas

50%

Refugee Camps

15%

Urban Areas

35%

 

 

Children According to family Size

Family Size (members)

Percentage

1-6 members

14%

7-12

74%

13-18

7%

More than 18

5%

 

Children According to Career

Career

Percentage

School student

83%

Laborer

14%

Without Career

3%

 

 

 

Incarceration Conditions in Israeli prisons and Detention Centers

Most of Palestinian child detainees are currently held in Israeli jails and detention centers mainly within Israel proper.  This means that the children are being held far from their place of residency. 

Family visits are very rare due to Israeli policies and procedures and total siege imposed on the Palestinian territories.  As for the lawyers’ visits, if he/she is allowed to visit his/her client, this should take place in the presence of at least two officers who usually understand Arabic and keep asking them to finish.  This new regulation clearly infringes the confidentiality of the lawyer-client relationship and puts both the lawyer and the detainee under great pressure and sense of discomfort.

Children are held around the clock in their small, overcrowded, poorly ventilated cells.  They can only leave the cells for an hour in the morning and one hour in the evening.  They eat, sleep and pass day in their cells.

They have no program of activity, with very few recreational outlets or equipment.  They spend day after day in their cells without anything to do.  This is an exceedingly difficult situation for young and active youths.

Child detainees in the Israeli detention centers are totally isolated from the outside world; they are not allowed to watch TV, listen to the radio or read newspapers, noting that very few of them are allowed visits from their families and lawyers as in the manner mentioned earlier.

The child detainees suffer from the lack of sufficient beds.  They sleep on the floor on thin mattresses and rotate between the floor and the beds.   The cells do not get enough fresh air.   The children suffer from a sense of suffocation, particularly the asthmatic patient patients in the summer.

The prison meals are not adequate for growing youths.  Often there is not enough food or the food is spoiled or highly spiced.

 

As for incarceration conditions per detention center, it’s as follows:

Detention Centre

Conditions

Etzion

§               Shortage in the quantity and quality of food

§               Absence of cleanliness due to the lack of detergents.

§               Rare bathing due to the lack of hot water.

§               Damp and humid detention quarters due to water leak.

§               Spread of insects and widespread of skin diseases.

§               Over crowdedness of quarters [15 in each quarter]  

 

BenYamin

§               Malnutrition and shortage of food

§               Absence of medical care [Spread of ulcer, flue, and pneumonia].

§               Shortage of winter clothing.

§               Coldness.

§               Spread of skin and stomach diseases.

§               Over crowdedness [48 child detainees].

Meggeddo

§               Shortage of food

§               Absence of instructors

§               Lack of clothing.

§               Coldness.

§               Detention of children with adults.

§               Over crowdedness [20 children in a tent].

§               A large number of children are prevented from parents’ visits.

§               Absence of social workers.

§               Prevented from the use of electric sets.

Telmond (Sharoon):Women detainees

§               Attorney visits occur behind a complex of a trellis, plastic bar, and another trellis.

§               Absence of medical care [only Acamol is provided]

§               Quarters with high humidity.

§               Parents’ visits are banned.

§               Detention of child detainees with adult detainees.

§               Bathrooms have no doors.

§               Windows are locked with iron curtains thus preventing the entry of sunray and air.

§               Inconvenient beds cause back, neck, and waist aches.

§               Prayers and the National Anthem are prevented during El-Forah.

§               Forah takes place in a small space that is surrounded with walls and with a ceiling that prevents the entry of the sunray.

§               Absence of social workers and psychiatrists.

§               Learning is prevented.

§               Handcraft is fully banned.

§               Insufficient number of TV sets.

§               Parents living in Nablus, Hebron, and Jinine are prevented from visits.

§               Food is insufficient in quality and quantity.

§               Insults and threats of beatings and solitary confinement by jailers.

§               Provoking inspection.

§               Sanctions of solitary confinement, and bales for ludicrous reasons

Ketseot (Neqab)

§               Food is drastically bad in quality and quantity.

§               Eating sets are not provided [dishes, spoons,..]

§               Learning is prevented.

§               Spread of insects and pests.

§               Absence of medical care [They have no doctor, but one nurse].

§               Humiliating inspection.

§               Collective punishment [Prevention of visits and cigarettes].

Ofer

§               Spread of Rheumatism, skin, and bone diseases.

§               Over crowdedness.

§               Installment of jamming sets causes severe headaches among the detainees.

§               Shortage of detergents.

§               Obstruction of attorney’s work and postponement in setting the dates of visits.     

§               General health conditions are fully missing [Accumulation of dirtiness and exposed water].

Ofek Hasharon

·                                       Child detainees are upheld with criminal Israeli juveniles.

·                                       Learning books are unavailable.

·                                       No contact with families and outer world.

·                                       Food is of bad quality and insufficient quantity.

·                                       Lack of medical care.

·                                       Lack of entertainment activities and means (No TVS and radios).

·                                       Small rooms (2x3 m).

Russian Compound(Masqoubeya)

·                                                                           Food is of bad quality, insufficient, and unclean.

·                                                                           Covers are insufficient and dirty.

·                                                                           Verbal abuse and threats.

·                                                                           Children are beaten and threatened to be tortured by electricity.

Qadomim

·                                                                                       Inhuman and degrading treatment.

·                                                                                       Food is of bad quality and insufficient.

·                                                                                       Detainees are punished by position abuse(Shabeh) for any reason.

·                                                                                       No medical care, sick children do not receive any medical treatment.

Salim

·               The rooms are overcrowded, 8 prisoners per room of 16 m square.

·               The doors are opened at 7:00 a.m. for washing for 30 minutes; the time is insufficient for 51 prisoners to get washed.

·               Child prisoners are detained with adults.

·               Food is of bad quality and insufficient quantity: one can of yogurt for 7 prisoners, an apple for each prisoner every 15 days, a small spoon of sugar for each prisoner every 14 days.

·               Prisoners are deprived from family visits, no contacts with outer world, no TV or Radio, no newspapers, no recreation activities.

·               Prisoners are deprived from their rights to education.

·               Prisoners are deprived from psycho-social counseling.

·               Provocative and degrading inspections conducted at inappropriate times: 11:00 p.m., and 6:00 a.m.

·               No toilets in rooms, one toilet for each section.

·               Bathing is once a week.

·               No water installations inside rooms, but a 1.5 liter bottle for each room.

·               6 mattresses and 4 blankets for 9 prisoners.

·               Prisoners suffer from insects and mosquitoes.

·               Lack of hygienic items: no toothbrushes or tooth paste, one small piece of soap for 6 prisoners.

·               Prisoners are deprived from sports and practice.

·                 Prisoners are deprived from their right to worship on Fridays.

·               Prisoners spend most of their time inside their rooms; prisoners have a daily walk of 10-30 minutes but they are denied this walk from time to time depending on the mood of the prison guardians.

 

 

 

Psycho-Social Impact of Prison on Children:

Being subject to various forms of abuse and violations of their rights, children who experience detention suffer from psych-social problems making it difficult to go back to restore their normal course of life.  Many of the freed child detainees refuse to go back to school, and find it difficult to communicate with their peers who did not have a similar experience of arrest.  The future of these children is jeopardized if they do not receive immediate psychosocial support and rehabilitation that help them overcome devastating effects of detention and continue to pursue a better future.

 

However, the age interval of the target groups is 12-18 years.  This means that they are in the adolescence stage.  Children in this stage have the following features:

1.            Intense refusal to deal with the family circle.

2.            Expansion of interests of the adolescent.

3.            Growth of the intellect and the tendency towards abstraction.

4.            Tendency towards seclusion.

5.            Eccentricity or oddness having hostile or dangerous nature.

 

On the other hand, factors of frustration, alienation and deprivation come along during growth.  Adolescence harbor hatred against social institutions, and hence the tendency to take part in activities and acts aiming at destroying and changing the social order.  Participation is overwhelmed by the negativity of dealing with reality.  And by resorting to various sorts of violence in their behavior, adolescents plant the seeds of  a series of perversions, most importantly delinquency.  This transformation happens in times of peace.  What about in times of conflicts?

Times of conflict, wars, or occupation have social implication which revolves around the idea of violence and conflict.  It’s very clear that The Israeli occupation has devastating effects on Palestinian adults and children alike. This situation might lead adolescents into vicious and criminal environment, and this situation still spreads its negative influences on innocent souls because of neglect.

1.            Fear

2.            Tension and anxiety

3.            Inability to control emotion

4.            Inability of concentration

5.            Image of the Society: they are still considered as children while they feel they are not; they are expected to be obedient   They become unable to play as children.

6.            The feeling of being misunderstood

7.            Poor communication skills.

8.            Feeling embarrassed to return to schools.

9.            Families feel that these children are fragile and that they need more protection.

10.        Political fractions deal with them in a negative manner: They considered the children as heroes, and they do not really understand their need to natural growth and protection.

 

 

 

 

 

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