Posted in January22, 2012 (The Guardian. com)

By Harriet Sherwood

Special report: Israel’s military justice system is accused of mistreating Palestinian children arrested for throwing stones

The room is barely wider than the thin, dirty mattress that covers the floor. Behind a low concrete wall is a squat toilet, the stench from which has no escape in the windowless room. The rough concrete walls deter idle leaning; the constant overhead light inhibits sleep. The delivery of food through a low slit in the door is the only way of marking time, dividing day from night.

This is Cell 36, deep within Al Jalame prison in northern Israel. It is one of a handful of cells where Palestinian children are locked in solitary confinement for days or even weeks. One 16-year-old claimed that he had been kept in Cell 36 for 65 days.

The only escape is to the interrogation room where children are shackled, by hands and feet, to a chair while being questioned, sometimes for hours.

Most are accused of throwing stones at soldiers or settlers; some, of flinging molotov cocktails; a few, of more serious offences such as links to militant organisations or using weapons. They are also pumped for information about the activities and sympathies of their classmates, relatives and neighbours.

At the beginning, nearly all deny the accusations. Most say they are threatened; some report physical violence. Verbal abuse – “You’re a dog, a son of a whore” – is common. Many are exhausted from sleep deprivation. Day after day they are fettered to the chair, then returned to solitary confinement. In the end, many sign confessions that they later say were coerced.

These claims and descriptions come from affidavits given by minors to an international human rights organisation and from interviews conducted by the Guardian. Other cells in Al Jalame and Petah Tikva prisons are also used for solitary confinement, but Cell 36 is the one cited most often in these testimonies.

Between 500 and 700 Palestinian children are arrested by Israeli soldiers each year, mostly accused of throwing stones. Since 2008, Defence for Children International (DCI) has collected sworn testimonies from 426 minors detained in Israel’s military justice system.

Their statements show a pattern of night-time arrests, hands bound with plastic ties, blindfolding, physical and verbal abuse, and threats. About 9% of all those giving affidavits say they were kept in solitary confinement, although there has been a marked increase to 22% in the past six months.

Few parents are told where their children have been taken. Minors are rarely questioned in the presence of a parent, and rarely see a lawyer before or during initial interrogation. Most are detained inside Israel, making family visits very difficult.

Human rights organisations say these patterns of treatment – which are corroborated by a separate study, No Minor Matter, conducted by an Israeli group, B’Tselem – violate theinternational convention on the rights of the child, which Israel has ratified, and the fourth Geneva convention.

Most children maintain they are innocent of the crimes of which they are accused, despite confessions and guilty pleas, said Gerard Horton of DCI. But, he added, guilt or innocence was not an issue with regard to their treatment.

“We’re not saying offences aren’t committed – we’re saying children have legal rights. Regardless of what they’re accused of, they should not be arrested in the middle of the night in terrifying raids, they should not be painfully tied up and blindfolded sometimes for hours on end, they should be informed of the right to silence and they should be entitled to have a parent present during questioning.”

Mohammad Shabrawi from the West Bank town of Tulkarm was arrested last January, aged 16, at about 2.30am. “Four soldiers entered my bedroom and said you must come with us. They didn’t say why, they didn’t tell me or my parents anything,” he told the Guardian.

Handcuffed with a plastic tie and blindfolded, he thinks he was first taken to an Israeli settlement, where he was made to kneel – still cuffed and blindfolded – for an hour on an asphalt road in the freezing dead of night. A second journey ended at about 8am at Al Jalame detention centre, also known as Kishon prison, amid fields close to the Nazareth to Haifa road.

After a routine medical check, Shabrawi was taken to Cell 36. He spent 17 days in solitary, apart from interrogations, there and in a similar cell, No 37, he said. “I was lonely, frightened all the time and I needed someone to talk with. I was choked from being alone. I was desperate to meet anyone, speak to anyone … I was so bored that when I was out [of the cell] and saw the police, they were talking in Hebrew and I don’t speak Hebrew, but I was nodding as though I understood. I was desperate to speak.”

During interrogation, he was shackled. “They cursed me and threatened to arrest my family if I didn’t confess,” he said. He first saw a lawyer 20 days after his arrest, he said, and was charged after 25 days. “They accused me of many things,” he said, adding that none of them were true.

Eventually Shabrawi confessed to membership of a banned organisation and was sentenced to 45 days. Since his release, he said, he was “now afraid of the army, afraid of being arrested.” His mother said he had become withdrawn.

Ezz ad-Deen Ali Qadi from Ramallah, who was 17 when he was arrested last January, described similar treatment during arrest and detention. He says he was held in solitary confinement at Al Jalame for 17 days in cells 36, 37 and 38.

“I would start repeating the interrogators’ questions to myself, asking myself is it true what they are accusing me of,” he told the Guardian. “You feel the pressure of the cell. Then you think about your family, and you feel you are going to lose your future. You are under huge stress.”

His treatment during questioning depended on the mood of his interrogators, he said. “If he is in a good mood, sometimes he allows you to sit on a chair without handcuffs. Or he may force you to sit on a small chair with an iron hoop behind it. Then he attaches your hands to the ring, and your legs to the chair legs. Sometimes you stay like that for four hours. It is painful.

“Sometimes they make fun of you. They ask if you want water, and if you say yes they bring it, but then the interrogator drinks it.”

Ali Qadi did not see his parents during the 51 days he was detained before trial, he said, and was only allowed to see a lawyer after 10 days. He was accused of throwing stones and planning military operations, and after confessing was sentenced to six months in prison.The Guardian has affidavits from five other juveniles who said they were detained in solitary confinement in Al Jalame and Petah Tikva. All confessed after interrogation.

“Solitary confinement breaks the spirit of a child,” said Horton. “Children say that after a week or so of this treatment, they confess simply to get out of the cell.”

The Israeli security agency (ISA) – also known as Shin Bet – told the Guardian: “No one questioned, including minors, is kept alone in a cell as a punitive measure or in order to obtain a confession.”

The Israeli prison service did not respond to a specific question about solitary confinement, saying only “the incarceration of prisoners…is subject to legal examination”.

Juvenile detainees also allege harsh interrogation methods. The Guardian interviewed the father of a minor serving a 23-month term for throwing rocks at vehicles. Ali Odwan, from Azzun, said his son Yahir, who was 14 when he was arrested, was given electric shocks by a Taser while under interrogation.

“I visited my son in jail. I saw marks from electric shocks on both his arms, they were visible from behind the glass. I asked him if it was from electric shocks, he just nodded. He was afraid someone was listening,” Odwan said.

DCI has affidavits from three minors accused of throwing stones who claim they were given electric shocks under interrogation in 2010.

Another Azzun youngster, Sameer Saher, was 13 when he was arrested at 2am. “A soldier held me upside down and took me to a window and said: ‘I want to throw you from the window.’ They beat me on the legs, stomach, face,” he said.

His interrogators accused him of stone-throwing and demanded the names of friends who had also thrown stones. He was released without charge about 17 hours after his arrest. Now, he said, he has difficulty sleeping for fear “they will come at night and arrest me”.

In response to questions about alleged ill-treatment, including electric shocks, the ISA said: “The claims that Palestinian minors were subject to interrogation techniques that include beatings, prolonged periods in handcuffs, threats, kicks, verbal abuse, humiliation, isolation and prevention of sleep are utterly baseless … Investigators act in accordance with the law and unequivocal guidelines which forbid such actions.”

The Guardian has also seen rare audiovisual recordings of the interrogations of two boys, aged 14 and 15, from the village of Nabi Saleh, the scene of weekly protests against nearby settlers. Both are visibly exhausted after being arrested in the middle of the night. Their interrogations, which begin at about 9.30am, last four and five hours.

Neither is told of their legal right to remain silent, and both are repeatedly asked leading questions, including whether named people have incited them to throw stones. At one point, as one boy rests his head on the table, the interrogator flicks at him, shouting: “Lift your head, you.” During the other boy’s interrogation, one questioner repeatedly slams a clenched fist into his own palm in a threatening gesture. The boy breaks down in tears, saying he was due to take an exam at school that morning. “They’re going to fail me, I’m going to lose the year,” he sobs.

In neither case was a lawyer present during their interrogation.

Israeli military law has been applied in the West Bank since Israel occupied the territory more than 44 years ago. Since then, more than 700,000 Palestinian men, women and children have been detained under military orders.

Under military order 1651, the age of criminal responsibility is 12 years, and children under the age of 14 face a maximum of six months in prison.

However, children aged 14 and 15 could, in theory, be sentenced up to 20 years for throwing an object at a moving vehicle with the intent to harm. In practice, most sentences range between two weeks and 10 months, according to DCI.

In September 2009, a special juvenile military court was established. It sits at Ofer, a military prison outside Jerusalem, twice a week. Minors are brought into court in leg shackles and handcuffs, wearing brown prison uniforms. The proceedings are in Hebrew with intermittent translation provided by Arabic-speaking soldiers.

The Guardian witnessed a case this month in which two boys, aged 15 and 17, admitted entering Israel illegally, throwing molotov cocktails and stones, starting a fire which caused extensive damage, and vandalising property. The prosecution asked for a sentence to reflect the defendants’ “nationalistic motives” and to act as a deterrent.

The older boy was sentenced to 33 months in jail; the younger one, 26 months. Both were sentenced to an additional 24 months suspended and were fined 10,000 shekels (£1,700). Failure to pay the fine would mean an additional 10 months in prison.

Several British parliamentary delegations have witnessed child hearings at Ofer over the past year. Alf Dubs reported back to the House of Lords last May, saying: “We saw a 14-year-old and a 15-year-old, one of them in tears, both looking absolutely bewildered … I do not believe this process of humiliation represents justice. I believe that the way in which these young people are treated is in itself an obstacle to the achievement by Israel of a peaceful relationship with the Palestinian people.”

Lisa Nandy, MP for Wigan, who witnessed the trial of a shackled 14-year-old at Ofer last month, found the experience distressing. “In five minutes he had been found guilty of stone-throwing and was sentenced to nine months. It was shocking to see a child being put through this process. It’s difficult to see how a [political] solution can be reached when young people are being treated in this manner. They end up with very little hope for their future and very angry about their treatment.”

Horton said a guilty plea was “the quickest way to get out of the system”. If the children say their confession was coerced, “that provides them with a legal defence – but because they’re denied bail they will remain in detention longer than if they had simply pleaded guilty”.

An expert opinion written by Graciela Carmon, a child psychiatrist and member of Physicians for Human Rights, in May 2011, said that children were particularly vulnerable to providing a false confession under coercion.

“Although some detainees understand that providing a confession, despite their innocence, will have negative repercussions in the future, they nevertheless confess as the immediate mental and/or physical anguish they feel overrides the future implications, whatever they may be.”

Nearly all the cases documented by DCI ended in a guilty plea and about three-quarters of the convicted minors were transferred to prisons inside Israel. This contravenes article 76 of the fourth Geneva convention, which requires children and adults in occupied territories to be detained within the territory.

The Israeli defence forces (IDF), responsible for arrests in the West Bank and the military judicial system said last month that the military judicial system was “underpinned by a commitment to ensure the rights of the accused, judicial impartiality and an emphasis on practising international legal norms in incredibly dangerous and complex situations”.

The ISA said its employees acted in accordance with the law, and detainees were given the full rights for which they were eligible, including the right to legal counsel and visits by the Red Cross. “The ISA categorically denies all claims with regard to the interrogation of minors. In fact, the complete opposite is true – the ISA guidelines grant minors special protections needed because of their age.”

Mark Regev, spokesman for the Israeli prime minister, Binyamin Netanyahu, told the Guardian: “If detainees believe they have been mistreated, especially in the case of minors … it’s very important that these people, or people representing them, come forward and raise these issues. The test of a democracy is how you treat people incarcerated, people in jail, and especially so with minors.”

Stone-throwing, he added, was a dangerous activity that had resulted in the deaths of an Israeli father and his infant son last year.

“Rock-throwing, throwing molotov cocktails and other forms of violence is unacceptable, and the security authorities have to bring it to an end when it happens.”

Human rights groups are concerned about the long-term impact of detention on Palestinian minors. Some children initially exhibit a degree of bravado, believing it to be a rite of passage, said Horton. “But when you sit with them for an hour or so, under this veneer of bravado are children who are fairly traumatised.” Many of them, he said, never want to see another soldier or go near a checkpoint. Does he think the system works as a deterrent? “Yes, I think it does.”

According to Nader Abu Amsha, the director of the YMCA in Beit Sahour, near Bethlehem, which runs a rehabilitation programme for juveniles, “families think that when the child is released, it’s the end of the problem. We tell them this is the beginning”.

Following detention many children exhibit symptoms of trauma: nightmares, mistrust of others, fear of the future, feelings of helplessness and worthlessness, obsessive compulsive behaviour, bedwetting, aggression, withdrawal and lack of motivation.

The Israeli authorities should consider the long-term effects, said Abu Amsha. “They don’t give attention to how this might continue the vicious cycle of violence, of how this might increase hatred. These children come out of this process with a lot of anger. Some of them feel the need for revenge.

“You see children who are totally broken. It’s painful to see the pain of these children, to see how much they are squeezed by the Israeli system.”

The Israeli prison service told the Guardian that the use of restraints in public places was permitted in cases where “there is reasonable concern that the prisoner will escape, cause damage to property or body, or will damage evidence or try to dispose of evidence”.