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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. Who is DCI/PS? The Legal System Arrest to Detention Current Situation Questions. DCI/PS. DCI/PS provides: Legal services to children

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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 Who is DCI/PS? The Legal System Arrest to Detention Current Situation Questions

  3. DCI/PS DCI/PS provides: • Legal services to children • Domestic and international advocacy on behalf of children • Education and capacity building in the area of child rights

  4. DCI/PS Established in 1992 Offices in Ramallah, Bethlehem, Hebron and Nablus Staff and volunteers of around 50 Nine fieldworkers Five full time Palestinian lawyers Four foreign staff members

  5. DCI/PS In 2007 approximately 700 Palestinian children appeared before Israeli Military Courts DCI/PS represents approximately 50-60% of all cases in the Military Courts

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

  7. The 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

  8. The 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 offence • 16-17 years Adults

  9. The 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

  10. The 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

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

  12. Arrest to Detention 6,000 The number of Palestinian children arrested by Israeli occupying forces since the start of the second Intifada in 2000.

  13. 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.

  14. 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. • Some of the methods used during interrogation include: • Excessive use of handcuffs, leg shackles and blindfolds • Beating • Position abuse • Solitary confinement • Threats

  15. Confessions The main purpose of the interrogation is to obtain a confession. Palestinian children are denied access to lawyers during the interrogation phase. Palestinian children are sometimes given confessions written in Hebrew to sign.

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

  17. Pre-Trial Detention 89% of children are kept in detention prior to the hearing of their case. Between 3-5% of children are granted bail. Between 6-8% have their cases dismissed for lack of evidence

  18. 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

  19. 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.

  20. 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.

  21. Current Situation • There are currently 293 Palestinian children being detained by Israel: • 5 are girls • 21 are 15 years old or less in Israeli prisons • 255 are 16 - 17 years old in Israeli prisons • 13 are being held in administrative detention

  22. DCI/PS www.dci-pal.org

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