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Israeli Security Forces Abuse Palestinian
Children, Practice Chokeholds, Beatings, and Coercive Interrogations
a Human Rights Watch Report
Al-Jazeerah, CCUN, July
22, 2015
Israeli security forces have used unnecessary force to
arrest or detain Palestinian children as young as 11, Human Rights Watch
said today. Security forces have choked children, thrown stun grenades at
them, beaten them in custody, threatened and interrogated them without the
presence of parents or lawyers, and failed to let their parents know their
whereabouts.
Human Rights Watch interviewed four boys, ages 11, 12,
and 15, from different neighborhoods of East Jerusalem, and a 14-year-old
girl and 15-year-old boy from elsewhere in the West Bank, whom Israeli
forces arrested or detained in separate incidents for allegedly throwing
rocks from March to December 2014. They and their parents gave accounts of
abuses during arrest and interrogation that caused the children pain, fear,
and ongoing anxiety. Human Rights Watch has seen photos and marks on the
body of one of the children, consistent with the accounts he and his parents
had given; the children’s accounts were also consistent with each other.
“Israeli forces’ mistreatment of Palestinian children is at odds with
its claim to respect children's rights,” said
Sarah Leah Whitson, Middle East and North Africa director at Human
Rights Watch. “As Israel’s largest military donor, the US should press hard
for an end to these abusive practices and for reforms.”
In every case
Human Rights Watch documented, the children and their parents told Human
Rights Watch that Israeli authorities did not inform parents of their
child’s arrest and interrogated the children without permitting them to
speak to a parent or lawyer prior to the interrogation. In five of the
cases, the children said that interrogators either did not permit their
parent to attend their interrogation or allowed them entry only as it ended.
Two 15-year-old boys and the 14-year-old girl said they signed confessions
written in Hebrew, a language they do not understand, after interrogators
threatened them. One boy said police “punched and kicked” him, then
presented him with the Hebrew confession to sign.
Rashid S., 11, said
that Israeli border police forces officers threw a stun grenade (a
non-lethal explosive device that produces a blinding light and intensely
loud noise causing loss of balance) at him and put him in a chokehold when
they arrested him for throwing stones in November. He said that officers put
a black bag over his head, threatened him with beatings, and kicked him in
the shin while taking him for interrogation. The border police forces pulled
his coat and shirt off during arrest, but kept him outside for about an hour
despite cold temperatures, he said. Human Rights Watch observed photographs
of police arresting him and marks on the boy’s leg consistent with his
account. Rashid’s full name and the full names of another person interviewed
are not being used for their protection.
Two of the boys Human Rights
Watch interviewed said they had urinated on themselves in fear at the time
of their arrests, and three said they had experienced nightmares and
difficulty in sleeping afterward. The families of the 14-year-old girl and a
15-year-old boy said they were not allowed to visit or even call during
their detention – 64 days for the girl and 110 for the boy.
Another
15-year-old boy from East Jerusalem, Fares Shyukhi, said Israeli border
police officers strip-searched, slapped and kicked him, threatened him, and
jailed him from March 6 to April 2, 2014, on suspicion of throwing rocks and
a Molotov cocktail at a settlement in his neighborhood. He was later
released to indefinite house arrest, but jailed again from late October to
January 6, 2015, after failing to appear at a court hearing, his family
said.
On January 6, Fares was returned to house arrest and his
conditions were eased slightly the same month, after his lawyer informed the
Jerusalem magistrates’ court that the boy had threatened suicide, allowing
him to leave the house for six hours a week if accompanied by his mother. On
March 29, the judge lifted his house arrest, but Israeli border police have
detained him twice since then, he told Human Rights Watch, once violently,
claiming wrongly that he was violating his house arrest.
Israeli
border police forces put another 11-year-old boy, Ahmad Abu Sbitan, in a
chokehold while arresting him outside the gates of his school in another
East Jerusalem neighborhood, according to the boy and photographs of the
incident, and arrested a 22-year-old man who sought to intervene
non-violently, Ahmad and the man, Mohammed H., said. Police later
strip-searched and beat the 22-year-old in the room where Ahmad was being
detained, he told Human Rights Watch.
Police picked up the
12-year-old boy, Mohammed Khatib, while he was waiting to take a bus home
from school outside the Old City of Jerusalem. A policeman “grabbed the back
of my jacket and lifted me off the ground, I was choking,” the boy said. A
police officer told the boy’s father that police were looking for a
stone-throwing suspect “wearing a blue shirt,” the color of the boy’s school
uniform, his father said. Police interrogated the boy without allowing his
father to be present and released him without charge eight hours later.
Article 14 of the International Covenant on Civil and Political Rights,
which Israel ratified in 1991, requires court procedures to take into
account the age of child defendants and “the desirability of promoting their
rehabilitation.” The Convention on the Rights of the Child, which Israel
also ratified in 1991, elaborates on this requirement and directs states to
ensure that children are “not compelled … to confess guilt.” The Committee
charged with interpreting the convention has
stated that this includes a right to request the presence of a parent
during questioning and that judges must take into account the absence of a
parent or lawyer during interrogation, as well as other factors, when
considering the reliability of confessions.
Israel’s Youth Law and
military orders applicable in the West Bank require police to notify a
parent of their child’s arrest and to allow the child to consult with a
lawyer prior to interrogation. The Youth Law also entitles a child to have a
parent present during their interrogation, except in cases of alleged
“security offenses,” such as throwing stones. Although the Youth Law applies
only to Israel, according to the military in practice this requirement is
also applied in the West Bank.
Human Rights Watch submitted its
preliminary findings, including details of five of the individual cases it
investigated, to the Israeli Defense Forces (IDF) and to the Israeli police.
The separate responses of the
IDF and
Justice
Ministry, which responded on behalf of the police, failed to address the
specific allegations of unnecessary force during arrest and subsequent
ill-treatment, while asserting that security officials had adhered to the
law in all cases, including by informing the children of their rights.
They stated that interrogations of Palestinian children are conducted in
Arabic and frequently recorded, and that Hebrew language documents are
translated into Arabic. The responses did not in all cases directly address
the question of whether officials had notified parents of their children’s
arrest. In its response, the IDF said that breaches of procedures are viewed
seriously and may lead to a ruling that a confession is inadmissible as
evidence against an accused. The IDF cited several cases in which children
were released due to serious interrogation process violations.
Human Rights Watch investigations indicate that existing laws are
insufficient to safeguard the rights of Palestinian children in the custody
of the Israeli police and the IDF, and that officials often adhere to legal
requirements and procedures in a manner that undermines the protections they
aimed to guarantee. For example, they often record interrogations to prevent
the use of violence and threats against children, but many of the children
interviewed complained that they were beaten or threatened before their
official interrogation as an inducement to “confess.” Furthermore, several
children said they were informed of their right to consult a lawyer only
immediately before their interrogation and the police or military refused to
delay the interrogation until their lawyer arrived.
Israeli
interrogators use Arabic when interrogating Palestinian children but
frequently use Hebrew to document the interviews – only 138 of 440
interrogations they conducted in 2014 were documented in Arabic, according
to the Israeli military – or fail to audio or audio-visually record the
interrogation – 128 of 440 cases in 2014, according to the military. This
means that in many cases alleged confessions or other incriminating
statements by detained children are documented in a language they do not
understand, and there is no way to ascertain whether the documents were
accurately translated to the children before they signed them.
Confessions obtained from children in violation of their rights add to the
pressure on them to cooperate in plea bargains that result in their
imprisonment with reduced sentences, Human Rights Watch said.
“Israel
has been on notice for years that its security forces are abusing
Palestinian children’s rights in occupied territory, but the problems
continue,” Whitson said. “These are not difficult abuses to end if the
Israeli government were serious about doing so.”
For
additional details on the abusive arrests of children, please see below.
For more Human Rights Watch reporting on Israel and Palestine, please
visit:
http://www.hrw.org/middle-eastn-africa/israel-palestine
For more
Human Rights Watch reporting on children’s rights, please visit:
http://www.hrw.org/topic/childrens-rights
For more information,
please contact: In New York, Sarah Saadoun (English, Hebrew):
+1-917-502-6694 (mobile); or
saadous@hrw.org In Washington DC, Sarah Leah Whitson (English):
+1-718-362-0172 (mobile); or
whitsos@hrw.org. Twitter: @sarahleah1 In Tel Aviv, Uri Zaki (English,
Hebrew): +972-52-369-0631 (mobile); or
zakiu@hrw.org
Abusive Arrests of Children Human Rights Watch
decided to focus on the issue of abusive arrests of children because reports
by local human rights organizations and news media indicated, and follow up
research confirmed, that there appeared to be a pattern of such arrests.
Human Rights Watch initially identified the cases for documentation based on
these reports, where preliminary information indicated the likelihood of
abuses. Human Rights Watch obtained the consent of the children and at least
one parent before conducting interviews and informed them that the
interviews were to be in a human rights report. In some cases the report
withholds the full names of interviewees to protect their safety and
privacy. Human Rights watch did not offer interview subjects any
remuneration.
The abuses of children that Human Rights Watch
documented are consistent with information from other organizations,
especially in the West Bank.
UNICEF reported in 2013 that “the ill-treatment of children who come in
contact with the military detention system appears to be widespread,
systematic and institutionalized.” Israel responded to the report by
committing to “collaborate with UNICEF to implement [the] report’s
recommendations.” Yet, according to a UNICEF
update, reports of alleged ill-treatment of children by Israeli forces
“have not significantly decreased in 2013 and 2014.” UNICEF reported that
from September 2013 to September 2014, it received affidavits from 171
children stating that Israeli forces had subjected them to “physical
violence during arrest, interrogation and/or detention.”
The Israeli
military conducts nighttime arrest raids on children’s family homes. In
2013, it arrested 162 children during such raids, according to the
military. In February 2014, the military introduced a “pilot project” of
issuing summonses to the families of children wanted for questioning in two
areas of the West Bank, but it
cancelled the project in January 2015 due to an increase in violence
during the summer, and said it did not keep statistics on the project.
The Israeli military had classified 163 Palestinian children from the
West Bank as “security detainees” – including children convicted for
offenses like throwing stones, but not including other “criminal detainees”
– in Israeli detention at the end of January 2015, according to Israel’s
prison service. Palestinian children from East Jerusalem, occupied territory
that Israel has purported to annex to its territory, in violation of
international law, are detained under Israeli domestic law rather than
military orders. Figures for children from East Jerusalem in detention were
not available.
Rashid S., 11 Israeli border police forces arrested
Rashid S., 11, outside his school in the Ein al-Louz area of Silwan, an East
Jerusalem neighborhood, on the afternoon of November 24, 2014. “A few kids
were throwing rocks at the soldiers, who were all in black, and they came
out of their car,” Rashid said. “I ran to the mosque, but they threw a sound
bomb that hit my leg on the stairway, so I fell down the stairs and they
caught me by my shirt. They got me in a headlock and pushed me face-down on
the ground.”
The police forces tore off Rashid’s shirt and coat
during the arrest, he said. Human Rights Watch viewed a photograph taken by
a neighborhood resident that shows the boy, shirtless, being held by an
Israeli border policeman. At some point during or after the arrest he
urinated on himself in fright, he said. Rashid and his father, Kayed, said
that the police did not give him anything to keep warm for several hours.
Weather records show that it was about 12 degrees Celsius in Jerusalem that
day. Rashid said that the police drove him to a settlement in the
neighborhood, put him “in a storage room” for about 15 minutes, then drove
him to a police office near the Hebron Gate in the walls of Jerusalem’s Old
City, put him “in and out of a car,” and otherwise held him outside for
about an hour.
“When they drove me from the settlement to the office,
they put a black cloth bag on my head, and were shouting, ‘We’re going to
beat you, you’re going to tell us who was with you throwing stones,’” Rashid
said. “Then they were pushing me around, and cursing me, in Arabic. They
kicked me in the shin, and my leg turned different colors. I was freezing.
They kept putting me into a car and taking me out.”
Rashid said the
police then took him to the detention facility in the Russian Compound,
referred to in Arabic as Moskobiyya, north of the Old City. “They took the
bag off my head before the interrogation,” Rashid said. His father said that
neighbors had called to tell him of Rashid’s arrest and that he drove to a
police station on Salahadin Street in East Jerusalem. “Then I got a call
from a police interrogator saying to come to the Moskobiyya,” he said.
Rashid’s interrogation had yet to begin but police “had sat him facing a
wall on an outside balcony, and it was freezing,” his father said. “I
shouted that they were treating him like an animal, and they told me they
were going to arrest me for ‘disturbing an interrogation’ if I didn’t quiet
down.”
The interrogation lasted for about an hour, and was recorded,
Rashid and his father said. Rashid did not confess to throwing stones, but
said he had run from Israeli forces simply because the forces had thrown a
stun grenade at the group of children he was standing with. He said that
older boys in the group had thrown stones but he did not know their names.
“When he got home he had nightmares,” Rashid’s father said. “He woke up
screaming for four or five nights in a row.” Rashid told Human Rights Watch
that he dreamed of being arrested, “over and over again,” and was scared of
going to school.
Earlier in 2014, Rashid said, Israeli police had
arrested two of his 11-year-old classmates, Adam and Bara, on suspicion of
throwing stones, holding one of them overnight.
Ahmed Abu Sbitan, 11
Israeli border police officers arrested Ahmed Abu Sbitan, 11, at around
2:30 p.m. on December 21, 2014, he told Human Rights Watch. The police
alleged that he had thrown a stone at them as he was leaving the Khalid
Rashed School in the Al-Tur neighborhood of East Jerusalem, where he is in
grade 6. “Kids were throwing rocks at the [border police], and the [border
police] were throwing sound bombs [stun grenades] and [firing] rubber
bullets,” Ahmed said. “They grabbed me while I was walking from the school
entrance to the main street.”
Human Rights Watch viewed a video and
photographs that showed a border policeman putting Ahmed in a chokehold
during his arrest. “They didn’t ask me anything, they just told me, ‘Tishtok,’
because I was crying – it means, ‘Be quiet.’ “A kindergarten teacher and two
guys from the neighborhood were trying to convince them to let me go, but
they ignored them and arrested one of the guys, too.” Ahmed said he urinated
on himself out of fear during his arrest.
Mohammed H., 22, who was
also arrested, corroborated Ahmed’s account in a separate interview: They
were choking the boy, I could see he was terrified. I kept trying to talk to
the police, saying that he was underage, that we will guarantee to bring him
to the police station if they would just let go of him, but they refused. I
kept trying to talk to them but they took the child, so I walked away. Then
a police officer came over and accused me of throwing rocks, arrested me and
put me in the jeep with the boy. They handcuffed me, but not him. I was
trying to calm him down, he was crying and very scared. Police drove
Ahmed and Mohammed H. to a nearby Israeli settlement, Beit Orot, then to a
police station on Salahadin Street, near Jerusalem’s Old City. Ahmed’s
father, Nidal, said he learned of the arrest from a relative’s daughter, who
witnessed it: We didn’t know where they’d taken him. I looked for him
everywhere, first at a police post in the area, then the police station on
Salahadin street, then at Beit Orot. They let me in and I told a police
officer at the settlement that I wanted to see him, but he said, ‘Who let
you in? We’re taking him away for interrogation.’ Ahmed and Mohammed H.,
interviewed separately, said that police detained them for an hour and
shouted abusive language at them in Beit Orot, but did not hit them. The
Justice Ministry told Human Rights Watch that, contrary to the claims of
Ahmed, Nidal, and Mohammed, Ahmed’s mother was present at the interrogation;
they also said that he was 14, not 11. Human Rights Watch verified Ahmed’s
date of birth and, in light of the inconsistent evidence, alerted the
Justice Ministry to the possibility that they confused his case with that of
another child. The Ministry stood by the information, however.
Ahmed
said that police at the station on Salahadin Street stripped off Mohammed
H.’s clothes. “We were in the same room. They took off everything, even his
underwear,” Ahmed said.
Mohammed H. recalled: I asked them to take
off my handcuffs, because they were cutting my wrists and my hands had
turned blue. The police officer told me to face the wall. The boy was next
to me and they took off all my clothes and strip searched me. Then they put
my clothes back on and started to beat me on my legs and pushing me into the
wall. The commander asked the officers to stop, so that they don’t damage
the wall, so they pulled me away from the wall and slapped me around.
Police interrogated Ahmed and Mohammed H. separately on the third floor of
the police station, they both said. Ahmed’s father, Nidal, said police
refused to allow him to enter the police station. Nidal then called his own
father “to come to the station, and the police let him in the front door,
but they wouldn’t let him into the interrogation,” Nidal said.
During
questioning, Ahmed said he admitted to throwing a stone. “They told me to
name all the kids who were with me, who threw stones,” he said. According to
Ahmed, police did not threaten or assault him during interrogation, but they
also failed to inform him that he had a right to remain silent (which he had
under Israeli law) or that he could call his parent. Police released him
without charge after interrogating him for an hour.
Mohammed H. said
that police transferred him to the Moskobiyya detention facility, and
“slapped and cursed” him in the vehicle on the way there. He was detained
overnight and released without charge.
Ahmed’s mother, Mirvat, said
her son refused to talk about his arrest and interrogation. “A school
counselor told us to try to talk to him about it but he doesn’t want to.”
“I’m scared of the police,” Ahmed said. “Whenever I see them I cross to
the other side of the street or turn around.”
Ahmed’s parents, other
residents of the area, and other students told Human Rights Watch that
Israeli security forces, including police and border police, were present
virtually every day just outside schools on al-Tur’s main street, including
near the Khalid Rashed school, as students are going to class in the morning
and when school lets out in the afternoon. The residents and students said
the presence of Israeli security forces was unnecessary, and was a
provocation to the students. A school employee who asked not to be named
said: “The kids don’t throw rocks or do anything if the police aren’t there.
They should stop sending the police to loiter at the school gates.”
Police have many times arrested students for throwing rocks at their
vehicles stationed outside the school’s entrance, Ahmed said, including 2 of
the 30 students in his class. Parents of other children at the school and
members of a parents’ committee, interviewed separately, gave consistent
accounts of the police presence at the school, and repeated incidents in
which Israeli security forces fired tear gas and rubber bullets at students,
often in the context of stone-throwing but students and their parents also
allege without provocation on some occasions.
Mohammed Khatib, 12
Israeli police picked up Mohammed Khatib, 12, at around 12:15 p.m. on
December 8, 2014, at a bus station on Sultan Suleiman Street in East
Jerusalem, where he was waiting after school for a bus to go home to the
Shu`fat Refugee Camp: I was with four friends from my class, and a police
car was nearby. Policemen in blue shirts walked back and forth in front of
us a few times. Nobody threw rocks at them, or shouted, or anything. Then
one of them walked over and grabbed the back of my jacket and lifted me off
the ground, I was choking. I had bought a juice bottle but they threw it
away and put me in the car. His father, Rami, a video journalist, said he
was filming nearby at the Damascus Gate of Jerusalem’s Old City, when he
received a call to say Mohammed had been arrested. “I ran to the bus station
while they were still there. One of the police said someone had thrown rocks
and the suspect was wearing a blue shirt, but everyone in [Mohammed’s]
school wears a blue shirt, that’s their uniform.”
Police took
Mohammed to a police station on Salahadin Street, where they refused his
repeated requests to use the bathroom “for at least an hour,” Mohammed said.
“My phone rang, and the police didn’t let me answer it. My mom kept calling
and the police threatened to hit me if I answered. There were three of them
in the police station, wearing black uniforms, they kicked me and slapped
me.”
Mohammed’s father said he followed the police car taking
Mohammed to the police station and asked to see his son, but the police
refused, so he waited outside. Mohammed said he asked a police officer where
his father was, “and the policeman said [my father] had left already, he
didn’t care about me, and that I’d be in jail for two months.” Mohammed was
taken to the third floor of the police station and questioned, he said. At
around 7 p.m., police transferred Mohammed to the Moskobiyya detention
center. “An interrogator called me and said to come, but when I got there
they had already questioned him,” Rami said. “I brought food for him but
they [the police] wouldn’t let me take it inside.”
Interrogators
finally permitted Rami to enter the interrogation, he said. Mohammed and his
father both said he had denied throwing stones, and that they signed a
statement in Hebrew, a language they cannot read, before the police released
Mohammed without charge at around 8 p.m. “The interrogator said they wrote
in the statement that Mohammed was beaten,” Rami said. “We didn’t get a
copy.”
The Justice Ministry, in a written response to Human Rights
Watch, said that Mohammed was detained, not arrested, “because he was
present at the scene of the incident,” and there “was therefore no reason”
to inform him of his legal rights – an account that does not accord with the
account of Mohammed nor with his fathers’ description of the interrogation,
which included questioning over Mohammed’s personal involvement.
Mohammed’s mother said he stayed home the following day: “He was scared when
he got home and couldn’t sleep that night. He told me that every hour he was
with the police was like a lifetime.”
In an unrelated incident, Rami
said, police harassed and beat him in May 2014 while he was filming
Palestinian protests near the Damascus Gate, “because I shouted at them when
they were assaulting a blind woman” who was participating in the protest,
and that on another occasion he was shot in the back of the head with a
rubber-coated metal bullet. Human Rights Watch observed scars on Rami’s body
that were consistent with his account, and saw photographs of his head wound
and a video of his arrest.
Malak Al-Khatib, 14 Israeli forces
arrested Malak Al-Khatib, 14, near the village of Beitin in the West Bank on
December 31, 2014, her parents said. Malak’s mother, Khoula, told Human
Rights Watch her daughter said “four soldiers beat her with something like a
baton” during the arrest until she lost consciousness. “While on the ground,
they kicked her and one soldier stepped on her neck,” Khoula said, adding
that soldiers then blindfolded her and continued to use violence against her
on the ride to the station. Israeli authorities did not notify Malak’s
parents about the arrest, they said.
“She had a final exam that
morning, in English, and we thought that as usual she had gone for a walk
after an exam,” her father, Ali, told Human Rights Watch. “Then the Beitin
village council called to say she’d been arrested, but nobody knew where
she’d been taken:” We took a taxi to the Binyamin police station [in a
West Bank settlement], because that’s where they usually take kids, at 10
a.m. We waited for about three hours, then a captain saw us and told us,
‘Your daughter has confessed to throwing rocks and that she was carrying a
knife.’ We finally got to see her at 2 p.m. She looked pale. We didn’t have
a chance to talk to her alone. The investigator was in the room, and he said
to her, ‘You did X, Y and Z, is that true?’ It was over in five minutes.
Then the officer told us to leave.
Malak later told her mother that the interrogator yelled at her for two
hours to confess, slammed his hand on the table, and threatened to bring in
her mother and sister and arrest her father, Khoula said. The confession
Malak signed was written in Hebrew, but when Malak asked for it to be
translated, or told what it meant, the interrogator said she should just
sign it so she could get back to her parents, Khoula said.
On January
14, Malak’s lawyer reached a plea-bargain with the military prosecutor:
Malak pled guilty to throwing rocks at Road 60, a major road near Beitin
used by Israeli settlers, and received a two-month jail sentence and a three
year suspended sentence. Her family paid a 6,000 shekel (US$1,560) fine.
Human Rights Watch could not determine whether or not Malak threw stones
at moving vehicles on a highway, a potentially dangerous act even if carried
out by a child. Regardless, Israeli authorities violated international
standards by refusing to allow her parents to attend her interrogation and
Israeli military law by failing to notify her parents of her arrest or
allowing her to consult with them or a lawyer prior to the interrogation.
The military court should have reprimanded the interrogator and clearly
indicated that it would not accept her confession, which was written in a
language she did not understand, as evidence.
Israeli authorities
violated the Fourth Geneva Convention by transferring Malak, a Palestinian
resident of occupied territory, outside of the West Bank and detaining her
in Israel. In 2010, Israel’s Supreme Court
upheld this practice, primarily on the grounds that “Israeli legislation
overrides the provisions of international law.” It is a basic principle of
international law that states cannot use provisions of their domestic law as
justification for not complying with international treaties they are party
to, and should ensure that their domestic laws comply with the international
standards that bind their country. The Fourth Geneva Convention in its first
article requires all state parties, including Israel, to "respect and ensure
respect for the present Convention in all circumstances.”
However,
the court found that in this case the Israeli practice of transferring
detainees from occupied territory to Israel “does not strike at essential
provisions of international law” and that it was warranted in consideration
of the circumstances of situation, including the geographic proximity
between Israel and the occupied territories. Palestinians contend that such
transfers harm their rights despite the geographic proximity, since they are
prevented from entering Israel to visit family members in detention, as
Malak’s case demonstrates. Malak’s parents, who have West Bank
identification documents and are not permitted to enter Israel, were unable
to see her in detention from December 31 until her release on February 12,
except during five trial hearings at the Ofer military base and court
complex, when they were not permitted to speak with her.
“At the
hearings in Ofer, she would be brought in handcuffs. One time there was a
boy with her in the dock, he was around 15 years old, also in [handcuffs].
We couldn’t call her on the phone while she was in prison,” her mother said.
Khaled Sheikh, 15 Israeli soldiers arrested Khaled Sheikh around 3
p.m. on December 25, 2014, near the separation barrier on the outskirts of
the West Bank village of Beit Anan on suspicion of throwing rocks and
burning a tire. Khaled told Human Rights Watch that there had been a protest
in the area the day before, but that day it was quiet. He was walking with a
friend in an area that people from Beit Anan often visit because it has a
view beyond the barrier to the sea, Khaled said, when an Israeli soldier hit
him from behind with a rifle and he fainted.
“I woke up, my hands
were handcuffed behind me. I couldn't see; my eyes were blindfolded and I
was on the ground,” he said. Human Rights Watch has seen a medical report
from two weeks before Khaled was arrested indicating that he has anemia, a
condition discovered after several fainting spells. His friend managed to
run away, he said.
Khaled told Human Rights Watch that he was then
taken to what he believes, based on the sounds he heard, was a military
base. “I was put on a chair next to some stairs the soldiers would hit me on
the way up and down for [what seemed like] the 12 hours I was there,” he
said. He was then taken to Binyamin Police Station near Ramallah, where, he
said, the police removed his blindfold: Interrogators surrounded me and
one of them told me confess to throwing rocks and burning a tire. I told
them I didn't do that and I was just walking. He said there were seven
eyewitness soldiers against me so I will be found guilty and taken to prison
no matter what I say. They threatened they would hit me if I don’t confess
and one of them banged on the table. They handed me a paper that had three
lines in Arabic and the rest was in Hebrew. The Arabic said I had the right
to a lawyer and that I will go to court; they told me to sign it and I did.
After that they brought three other pages in Hebrew and said it was the same
thing so I signed it. I found out later in court that they had made me sign
a confession. Khaled’s father, Hossam, said a friend who witnessed the
arrest told him what happened but he did not know where the army had taken
him. At 1 a.m., Hossam said, he went to Binyamin station at the suggestion
of a friend and after waiting around an hour he saw his son. “He was
handcuffed and there was blood on his face. The blood was on his forehead,
there was a bump on the back of his head, and another bruise on his
cheekbone. You could see it too at the court hearing,” he said.
Khaled’s family was only able to see him during the five court hearings, but
even then they could not speak to him or touch him. Hossam was particularly
anxious that the military judge continued to reject the lawyer’s request to
allow Khaled to take his medication for anemia despite the medical record;
prison officials only began to give him the medication in the final few
weeks of his detention, according Khaled’s lawyer, but Khaled insisted he
received only acamol, a common pain medication.
Khaled’s lawyer,
Akram Samara, told Human Rights Watch that he agreed to a four-month plea
bargain deal, rather than face the possibility of an 8-month sentence if
convicted, because the military claimed soldiers would testify against
Khaled at trial. The court also fined him 2,000 shekels ($520). Khaled was
released on April 14, 2015, 10 days before he completed his sentence.
Fares Shyukhi, 15 Israeli police arrested Fares Shyukhi, from the
Silwan neighborhood in East Jerusalem, at 4 p.m. on March 6, 2014, on
suspicion of throwing rocks and a Molotov cocktail at a settlement in the
neighborhood. Fares’s mother, Lawahez, responded to a summons and took him
to the Moskobiyya detention facility, where he was arrested, she said. “They
said that if I didn’t bring him in they would get him in their own way,
which meant raiding our house. So I took him there, but they didn’t let me
go inside with him,” she said.
Fares said: As soon as I went in
they strip searched me and then put me in handcuffs. There were seven
police, they said “If you don’t talk we’ll beat you.” I refused and they
punched and kicked me. For about five minutes. Then they took me to a cell
until afternoon the next day, with three other guys, they were 16 and 17
year olds. Then the interrogator said I had to sign three papers, in Hebrew.
I couldn’t read them but I didn’t hesitate. The Justice Ministry told
Human Rights Watch that Fares’ mother was present at his interrogation but
she denied it and said she was present only when Fares was interrogated
after police arrested him on another occasion, on January 26, for violating
a house arrest to attend his brother’s court hearing. Police took Fares to a
hearing at the Jerusalem magistrates’ court, where a judge extended his
detention for three more days, his mother said. “They took me straight back
to interrogation after that, and handcuffed my hands in front of me and
chained my legs to the chair,” Fares said. “There was one interrogator this
time, he slapped me a few times and told me, ‘Give me some names [of people
who threw rocks] and I’ll be on your side.’ He never told me what I was
suspected of doing.”
The police returned Fares to a cell, where he
remained until midnight, when he was awakened and interrogated a third time,
he said: “They wanted me to confess to throwing Molotovs, but I didn’t. They
kept me until 2 a.m. and then I confessed.” After a second court hearing and
a total of 27 days in detention, Fares was moved to HaSharon Prison, inside
Israel, then released to house arrest on April 2, his parents said.
“Every two weeks he’d have to go to court, and they’d always extend his
house arrest,” Lawahez said. On October 26, Fares was late for a 9 a.m.
court hearing, and was arrested when he arrived, jailed, and held until
January 6, his mother said. He briefly met Malak K., the 14-year-old girl
from Beitin, when police drove them together from HaSharon prison to their
separate court hearings, he said.
In February, his mother said, Fares
told her that he wanted to kill himself because of his house arrest. “I was
worried and told this to our lawyer, from the Prisoner’s Club, and he
arranged with the court for Fares’s house arrest to be lifted on Sundays,
Tuesdays, and Thursdays, from 2 to 4 in the afternoon. I had to give the
court a guarantee that he wouldn’t violate his conditions.” On March 6, she
promised to pay a guarantee of 10,000 shekels ($2,600).
On March 29,
the court convicted Fares based on his confession and the testimony of three
other boys from the neighborhood, all under 15, his family said. The court
fined him 2,000 shekels ($520) and lifted his house arrest after crediting
time served to his 100-day sentence. However, Fares said that on April 20,
Israeli police detained Fares in the Old City of Jerusalem for breaching his
house arrest. They released him after taking him to the station and
discovering his house arrest had been lifted.
On May 1, Israeli
police detained him again while he was standing outside his house, and beat
him, said Lawahez, who was there. She tried to intervene, Lawahez said, but
the border police shot sound bombs at her legs. She said she spent three
days at the hospital recovering from the shock of the incident. She had
dangerously elevated blood pressure and had suffered a heart attack in
December 2014.
The Justice Ministry told Human Rights Watch that it
has no record of Fares’ detention on either April 20 or May 1.
The
conditions of Fares’s house arrest made it impossible for him to go to
school, where he had been in grade 8. “At least I could study in prison,”
Fares told Human Rights Watch during his house arrest. “My parents are my
prison guards now.” At first, Fares was elated to have the house arrest
lifted, Lawahez said, but he has been “traumatized” by the two subsequent
arrests, and “he now refuses to leave the house because he is afraid
soldiers will again harass and arrest him.”
All three of Fares’s
older siblings have been convicted of throwing rocks or Molotov cocktails
and are in prison. Fares’ parents said that Israeli forces raided the family
home in Silwan six times between March 6 and 19, 2014, to arrest their three
older sons. “Ali, the oldest, was arrested for the first time when he was
13,” Lawahez said. “This is his third time in jail for throwing rocks.” Her
oldest daughter, Suad, was arrested in 2006 for throwing rocks. The family
has paid 8,800 shekels ($2,290) in fines related to these arrests.
***
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