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Defence For Children International (Palestine Section) DCI/PS Palestinian Child Prisoners

Defence For Children International (Palestine Section) DCI/PS Palestinian Child Prisoners. Introduction. The Israeli Military Legal System Arrest to Detention Current Situation. The Israeli Military Legal System. 1500 Israeli military orders govern Palestinian life in the West Bank.

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Defence For Children International (Palestine Section) DCI/PS Palestinian Child Prisoners

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  1. Defence For Children International (Palestine Section)DCI/PSPalestinian Child Prisoners

  2. Introduction • The Israeli Military Legal System • Arrest to Detention • Current Situation

  3. The Israeli Military Legal System 1500 Israeli military orders govern Palestinian life in the West Bank

  4. The Military Legal System • Military order 132 defines a Palestinian “child” as a person under the age of 16 • Israeli law defines a “child” as a person under the age of 18

  5. The Military Legal System • Military order 132 imposes the following range of sentences on Palestinian children: • 12-13 years Up to 6 months imprisonment • 14-15 years Between 6 to 12 months to life, depending on charges • 16-17 years Adults

  6. The Military Legal System Military order 378 includes the following “offences”: • Stone throwing (max penalty – 20 years) • Political gathering of over 10 persons (max penalty – 10 years • Distributing or publishing a political article (max penalty – 10 years

  7. The Military Legal System – Administrative Detention • Detention without charge or trial based on “secret evidence” • Detention for up to 6 months • Each period of 6 months can be renewed

  8. Families waiting to enter Ofer Military Court Complex near Ramallah, West Bank. Ofer Military Court

  9. Arrest to Detention 6,500 The number of Palestinian children arrested by the Israeli army since the start of the second Intifada in 2000.

  10. Arrest Palestinian children are typically arrested by the Israeli army from their homes between 12.00 am and 4.00 am. Destruction of property and physical abuse are common during arrest. The child is handcuffed, blindfolded and put in a jeep for transfer. The child’s family is almost never told where the child is being taken.

  11. Interrogation • After arrest the child is usually taken straight to an interrogation and detention centre. • A child can be held for up to 90 days in incommunicado detention without access to a lawyer during which time they are interrogated. (48 hrs/21 days in Israel) • Some of the methods used during interrogation include: • Excessive use of handcuffs, leg shackles and blindfolds • Beating • Position abuse • Solitary confinement • Threats

  12. Confessions The main purpose of the interrogation appears to be to obtain a confession. Palestinian children are denied access to family members and lawyers during the interrogation phase. Palestinian children are sometimes given confessions written in Hebrew to sign.

  13. Confessions 95% The percentage of cases against children in the Israeli military courts that rely on a confession to obtain a conviction.

  14. Pre-Trial Detention A Palestinian detainee, including a child, must be brought before a judge within 8 days. (48 hrs/4 days in Israel) 89% of children are kept in detention to the end of the hearing of their case. Between 3-5% of children are granted bail. Between 6-8% have their cases dismissed for lack of evidence

  15. Pre-Trial Detention A Palestinian detainee, including a child, can be detained for up to 188 days Before being charged or given an administrative detention order (30/35 days in Israel)

  16. Sentencing A Palestinian detainee, including a child, can be held for up to 2 years between charge and trial. This period can be extended by an appellate judge. Israeli citizens must by tried within 9 months of being charged.

  17. Sentencing In the 276 cases closed by DCI/PS in 2007: • 44.9% of children sentenced were 15 or under. • 65.6% received sentences of more than 1 year. • 25.7% of sentences were for stone throwing.

  18. Current Situation • There are currently 297 Palestinian children being detained by Israel: • 6 are girls • 23 are 15 years old or less in Israeli prisons • 268 are 16 - 17 years old in Israeli prisons • 8 are being held in administrative detention • 6 are being held in interrogation centres

  19. DCI/PSwww.dci-pal.org

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