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Incident: Arrest of children – Violation of rights
Location: Silwan, occupied East Jerusalem
Date of incidents: October to December 2010
Number of incidents: 24 (cases documented by DCI-Palestine)
Ages: 7 to 17 years
Accusation: Stone throwing
Date of issue: 6 January 2011
Muslim O. – On 18 October 2010, a 10-year-old boy from
Silwan, in occupied East Jerusalem, reports being grabbed and
beaten by three men in civilian clothes, and taken to Al-
Mascobiyya interrogation centre for questioning. Under Israeli
law, a child below the age of 12 should not be interrogated.
Mohammad G. – On 25 October 2010, a 12-year-old boy
from Silwan, in occupied East Jerusalem, reports being
grabbed and beaten by a policeman on his way to school, and
taken to Al-Mascobiyya interrogation centre for questioning.
Adam R. – On 24 November 2010, a seven-year-old boy from
Silwan, in occupied East Jerusalem, reports being beaten by
soldiers on his way to school. The experience has made Adam
fearful of leaving his home.
Background information
The neighbourhood of Silwan is situated just outside the Old City walls of Jerusalem, located in the
occupied east of the city. Approximately 16,500 Palestinians live in the central section of the
neighbourhood. Although accepted as occupied territory under international law, Israel purported to
annex the east of the city after occupation in 1967, and applies its own domestic law to the territory. The
annexation has no legal validity under international law, and is not recognised outside Israel. According
to the UN, Silwan has become one of the main centres of Israeli settlement activity and is currently home
to 380 settlers, who live in properties taken over by various means from their original Palestinian
residents. According to the UN, Palestinian residents of Silwan report harassment and intimidation by
the settlers and their security guards, and clashes between residents and soldiers and police are frequent.
On 21 June 2010, the Jerusalem Municipality’s Planning and Building Committee approved a plan to
demolish 22 Palestinian houses in Silwan to make way for an archaeological garden.
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In 2010, reports of a sharp increase in the number of children being arrested from Silwan and East
Jerusalem have been recorded. According to Israel Police figures, between November 2009 and October
2010, the Jerusalem District opened 1,267 criminal files against Palestinian children living in East
Jerusalem who were accused of throwing stones. During the same period, the Israeli NGO, B’Tselem
reports that 81 children from Silwan have been arrested or detained for questioning, mostly on suspicion
of stone throwing.
On 24 November 2010, 60 prominent Israeli professionals wrote to Prime Minister Netanyahu, and other
senior officials raising their concerns about the violent treatment of Palestinian children in occupied East
Jerusalem. The letter states that ‘children and teenagers related that they had been dragged out of their
beds in the middle of the night or arrested in their neighbourhoods by undercover detectives and special
security forces; taken in for questioning while handcuffed and unescorted by their parents; in certain
cases, the families were not notified of the arrest in real time; minors were asked to give names and
incriminate friends and relatives as a condition of their release; were threatened and humiliated by their
interrogators; and some of them were even subject to physical violence while taken in for questioning
and under interrogation.’
In the three months between October and December 2010, DCI-Palestine has investigated 24 cases from
Silwan, and collected 18 sworn affidavits, 15 of which were taken from children. In two out of the 15
cases, the children were not arrested. In one of these cases, the child was beaten and then immediately
released by soldiers, and in the other case, an 11-year-old boy was struck in the head with a rubber
coated steel bullet. The ages of these children range from 7 to 17 years.
Specific violations
Based on the evidence collected by DCI-Palestine, the violations against the children of Silwan include,
but are not limited to, the following:
Interrogation of children under 12 years - (8 percent):- Under Israeli law which is applied to
occupied East Jerusalem, children under the age of 12 are not held criminally liable for their actions
and must not be detained. Out of the 13 cases in which DCI-Palestine collected sworn affidavits from
children who were arrested, one child (8 percent) was under 12. Since the beginning of 2010,
B’Tselem, has documented the detention of four children below this age.
Violence during arrest, transfer or interrogation – (76 percent):- The types of violence reported to
DCI-Palestine includes, punching, slapping, kicking, beating with a rifle, and in one case, throwing a
pen at a child’s head during interrogation.
„A soldier started hitting me on the back with the barrel of his rifle and I screamed out in pain and
said to him: “I didn‟t do anything.” But he kept hitting me for about a minute when my mother came
and started shouting: “Leave him alone, he must go to work.” But one of them pushed her really
hard and knocked her down.‟ (A. G. – 16 years)
„They put me inside the jeep and one of them started kicking me all over my body and slapping me
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until we arrived at Al Mascobiyya.‟ (B. R. – 13 years)
In total, out of the 13 cases in which DCI-Palestine collected sworn affidavits from children who
were arrested, 10 children (76 percent) reported some form of physical violence during their arrest,
transfer or interrogation. Violence in similar circumstances has also recently been reported by
B’Tselem.
Painful hand ties – (61 percent):- Under section 10B of the Youth (Trial, Punishment and Modes of
Treatment) Law, alternatives to restraints should always be considered and they should not be used
beyond what is strictly necessary. Restraints should only be used to prevent escape or to prevent
harm to others.
„The interrogator left me alone in the room with my hands still tied behind my back. I was feeling
pain because the ties were very tight. I kept trying to move my fingers so that the blood could run
through them. I stayed alone in the room for about three hours and no one came in or brought me
food or water.‟ (I.O. – 17 years)
In total, out of the 13 cases in which DCI-Palestine collected sworn affidavits from children who
were arrested, eight children (61 percent) reported having their hands tied. These figures are similar
to data collected by B’Tselem, in which 14 out of 22 children (63 percent) reported having their
hands tied. Many children report pain and swelling in their hands from the use of restraints.
Interrogated in the absence of a parent – (53 percent):- Under Israeli law which is applied to
occupied East Jerusalem, parents are entitled to be present during the interrogation of their children,
except in special limited cases. Out of the 13 cases in which DCI-Palestine collected sworn affidavits
from children who were arrested on suspicion of throwing stones, five children (38 percent) were
interrogated in the absence of their parents, and a further two children (15 percent) were questioned
without their parents being present for at least part of the interrogation. In one such case, a 12-year-
old boy reported as follows:
„When my father left the office, I felt scared and focused my eyes on the floor. “You think the Israeli
intelligence is joking here? I‟ll lock you up and you‟ll never see your family ever again,” the
interrogator shouted at me. He got up, approached me, and slapped me across the face and I kept my
head down, while placing my hand over my face so that he wouldn‟t slap me again.‟ (M. O. – 12
years)
In total, out of 13 cases, seven children (53 percent) were interrogated for some time in the absence
of their parents, during which time they report being threatened, and in some cases, assaulted. The
interrogation of children in the absence of their parents has also recently been reported by B’Tselem.
Threatened during interrogation – (53 percent):- The types of threats reported to DCI-Palestine
typically involved a threat to imprison the child for a long time.
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„“It‟s better you talk or I‟ll slap you and knock you down,” he said.‟ (I. M. – 12 years)
“Listen, I‟ll put you in jail for a long time if you don‟t confess and you‟ll never see your family ever
again, what do you think of that?” he said.‟ (Y.J. – 14 years)
„The interrogator didn‟t read me my rights. He interrogated me in Arabic. “Why did you throw
stones at Jews in Silwan?” he asked. “Because they want to take our house,” I said. “Who was with
you?” he asked. “I don‟t know them,” I said. “Then we‟ll put you in jail for a long time,” he said.
“Do whatever pleases you,” I said.‟ (A.H. – 14 years)
In total, out of 13 cases, seven children (53 percent) reported being threatened during interrogation.
This figure corresponds exactly with the percentage of cases in which children were interrogated in
the absence of their parents.
Recommended action
Please send Urgent Appeals in relation to the arrest and detention of children in Silwan, occupied East
Jerusalem, urging the following:
1. The immediate end to the use of violence by the Israeli army and police during the arrest of children;
2. No child should be interrogated in the absence of their parents;
3. All credible allegations of ill-treatment must be thoroughly and impartially investigated and those
found responsible for such abuse be brought promptly to justice; and
4. The immediate removal of all Israeli settlements in occupied East Jerusalem as they violate
international law and are a source of constant tension.
Appeals to:
Your elected representatives; and
The Israeli embassy in your country [list of Israeli diplomatic missions worldwide].
Please inform DCI-Palestine if you receive any response to your appeals and quote the UA number at the top of this document – ria@dci-pal.org
1 opmerking:
Stan,
Is dit wat om op je website te plaatsen?
http://desertpeace.wordpress.com/2011/01/06/action-alert-to-stop-the-killings-in-palestine/
Corrie
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