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Twelve-year-old arrested 10 times by Israel in three years

Muslim Odeh (Amer Aruri / B’Tselem) via Electronic Intifada

by Jillian Kestler-D’Amours of the Electronic Intifada

19 October 2012

In an unwavering voice, Muslim Odeh recounted how Israeli riot police took him from his bed earlier this week, blindfolded him, subjected him to hours of intense interrogation and held him overnight in a Jerusalem prison compound.

Odeh vomited after Israeli police punched him four times in the stomach on his way to his prison cell. Odeh’s calm demeanor, only days after his ordeal, was evidence of how this was his tenth arrest in three years.

More shocking, however, is the fact that this resident of Silwan in East Jerusalem is only 12-years-old. “I miss my house,” Odeh told The Electronic Intifada, as he stared longingly from the balcony of his uncle’s home — where he is under house arrest until next Wednesday, 24 October — onto his family’s house below.

“I don’t feel comfortable. I miss my friends, my grandmother, my mother,” he said. “I don’t know if they will arrest me again.”

House arrest

Muslim Odeh was first arrested at the age of nine. During each arrest, Israeli police have accused him of throwing stones and Molotov cocktails. Today, he is being held under house arrest at his uncle’s home in the East Jerusalem neighborhood of Jabel Mukaber. If he violates the conditions of his release, he will be re-arrested and forced to pay a fine of 5,000 shekels ($1,300).

A group of Israeli riot police entered his home with two dogs, the 12-year-old explained, during the most recent arrest. “I heard dogs near me. I was scared,” he said, adding that, moments later, the police brought him blindfolded to an Israeli police station in East Jerusalem.

There, Israeli interrogators accused him of throwing Molotov cocktails and stones, and asked him about the activities of other children in Silwan. While he wasn’t physically harmed during the interrogation, the main Israeli investigator yelled and forcibly slammed his hand on the table to scare him, Odeh said.

“I said I didn’t do anything,” said Odeh, who was interrogated from 5am until 3pm before being transferred to the notorious Russian Compound (Moskobiye, in Arabic) prison compound in West Jerusalem. There, he was held with six other prisoners who, he said, were Palestinian teenagers from the Shuafat refugee camp.

“I was the youngest in the room, [and] in the whole Moskobiye,” Odeh added.

Child arrests widespread

According to a report released by Save the Children and the East Jerusalem YMCA Rehabilitation Program in March, the Israeli authorities have arrested and detained over 8,000 Palestinian children in the West Bank and East Jerusalem since 2000 (“The impact of child detention: Occupied Palestinian Territory,” March 2012).

The report found that most of the children were handcuffed and blindfolded during their arrest — which was most often carried out on suspicion that the children threw stones — and that they were almost always interrogated and held without access to a lawyer or their parents.

Nearly all children (98 percent) were subjected to physical or psychological violence during their arrest and detention, the report found, and 90 percent of children suffered from post-traumatic stress disorder.

“Children were subjected to isolation and ill-treatment; many developed a fear of dogs used for searching. They suffered from nightmares, sleeping and eating disorders, bedwetting, and feared re- arrest or acquired unhealthy habits such as smoking,” the report stated.

Addameer, the Ramallah-based Palestinian prisoners’ support and human rights association, has reported that as of 1 September this year, some 194 Palestinian children were held in Israeli detention centers, including 30 below the age of 16 (“Key Issues: Children,” Addameer website).

“Forms of ill-treatment used by the Israeli soldiers during a child’s arrest and interrogation usually include slapping, beating, kicking and violent pushing. Palestinian children are also routinely verbally abused. Despite recommendations by the UN Committee Against Torture in May 2009 that the interrogations should be video recorded, no provisions to this effect have yet been enacted,” Addameer found.

“Cosmetic” changes

In July 2009, Israel created a juvenile military court system for Palestinian minors from the West Bank and East Jerusalem. After decades of trying Palestinians over 16-years-old as adults — in violation of the UN Convention on the Rights of the Child, which defines children as anyone 18 and under — Israel also recently began treating all Palestinians under 18 as children.

But according to Khaled Quzmar, legal advisor at Defence for Children International-Palestine Section (DCI), these changes are nothing more than “cosmetic” and haven’t really changed the overall system of oppression.

“Israel marketed [these changes to] the world as applying international human rights law and [that] they are going to stop prosecuting children in the Israeli military courts. In fact, on the ground, the same court and the same judges [are in place],” Quzmar told The Electronic Intifada. “In fact, nothing changed. The same campaigns of arrests continued.”

DCI has found that despite putting juvenile courts in place, Israel still treats Palestinian children as adults when it comes to sentencing, bail applications and how long detainees can be denied access to a lawyer, which is set at 90 days for both adults and children (“Children prosecuted in Israeli military courts,” 2 October).

Quzmar added that the arrests of Palestinian children aim to deter resistance to Israeli occupation policies, and in some cases, force families to leave their homes and villages altogether.

“They put pressure on the families by arresting their children or targeting their children, so maybe this policy will force the families to leave the area. This policy is very clear in Jerusalem. The courts used to sentence the children deport the children from their houses so it is a kind of transfer,” he said.

For 12-year-old Muslim Odeh, the psychological impact of his many arrests has been difficult. “I have nightmares,” Odeh said. “Sometimes I dream that the police are coming to take me, but then I wake up to see that I’m not in prison but in my house.”

Jillian Kestler-D’Amours is a reporter and documentary filmmaker based in Jerusalem. More of her work can be found at

Sa’adat: Israeli prison authority not abiding by prisoners deal


RAMALLAH (Ma’an)— Jailed PFLP leader Ahmad Saadat said Wednesday that Israeli prison authorities were not implementing the terms of a prisoners deal agreed in May.

“The Israeli prison authority did not abide in the hunger strike agreement, especially since the prisoner Dirar Abu Sisi is still isolated,” Saadat said via a lawyer from the Palestinian Prisoners Society.

Egyptian authorities should intervene to stop the situation from getting worse, he said, adding that Abu Sisi has lost 30 kg and his health is deteriorating.

Abu Sisi disappeared in February 2011 while traveling on a train in Ukraine and Israel later announced that it was holding him in the southern Israeli jail. His lawyer says Israel has yet to file charges against him.

The engineer, from Gaza, has been held in solitary confinement throughout his detention.

Detainees signed a deal in May with the Israeli prison authority to end their mass hunger strike.

Saadat was seized by Israeli forces in 2006 from a Palestinian Authority jail in Jericho after a long standoff between prisoners and troops.

He was sentenced to 30 years for his alleged role in masterminding the assassination of former Israeli tourism minister Rahavam Zeevi in 2001.

Addameer researcher arrested and detained by Israel in latest attack on Palestinian Civil Society

Ramallah, 15 October 2012 – Addameer Prisoner Support and Human Rights Association are outraged by this morning’s arrest its staff member Ayman Nasser. Ayman, a researcher, has been working with Addameer for almost five years.

At 1.00am this morning a large number of Israeli Occupying Forces (IOF) raided his home in the village of Safa, near Ramallah. The raid lasted about 1.5 hours, during which time IOF used sniffer dogs to search each room in the house and confiscated Ayman’s computer and mobile phone.

They also searched the computer of Ayman’s children and confiscated some pieces of it. Ayman’s wife was kept in a separate room during the raid with two Israeli soldiers pointing their weapons at her the entire time. At approximately 3.00am Ayman was taken away by IOF and is currently being held in Moskobiyyeh detention center in Jerusalem.

Ayman earned his Master’s Degree in Social and Educational Psychology, from Abu Dis University. He has four children, the oldest being 13 and the youngest just 3 years old. He is also a former detainee himself, having spent six years in Israeli prisons from 1991.

Ayman has been a human rights activist for many years and Addameer considers him a human rights defender, due to his role in advocating the rights of Palestinian prisoners. Human rights defenders are formally defined as persons who work, peacefully, for any or all of the rights enshrined in the Universal Declaration of Human Rights. Addameer also considers the arrest of Ayman as the latest attempt by Israel to target not only Addameer as an organization advocating for Palestinian prisoner’s rights but also the targeting Palestinian civil society in general.

Ayman’s arrest comes not long after Addameer Chairperson Abdullatif Ghaith was banned from entering the West Bank and from travelling abroad. In, addition, numerous Addameer staff members have been banned from travelling freely within the OPT and abroad, which has had signification implications on the ability of Addameer to carry out it work in support of Palestinian prisoners and their families.

We call on all the international community to intervene immediately on behalf of Ayman Nasser. In particular, Addameer calls on the United Nations Special Rapporteur on the situation of Human Rights Defenders to intervene with Israel and raise the case of Ayman Nasser and other Palestinian human rights defenders, including Addameer Chairperson Abdullatif Ghaith.

Health crises for Sharawna, Issawi demand urgent action

Via PNN

On Monday 8th October, Lawyers of Ministry of Detainees and Ex-Detainees affairs, Fadi Obeidat and Rami al-Alami said that the health condition of the two hunger strike prisoners is very critical and calls for immediate and quick intervention to save their lives.

The two lawyers who visited the two prisoners in Nafha and al-Ramlah Israeli prisons that the prisoners are in Coma and general weakness and they suffer from weight loss and dizziness.

The lawyer Rami al-Alami said that the prisoner Samir al-Issawi suffers from dizziness, permanent headache and several chronic diseases and he refuses to take vitamins, he only takes water and salt. The prisons’ service refuses to transfer him to al-Ramlah medical center for treatment.

Al-Issawi said that he insists to continue with the strike to achieve either freedom or martyrdom, and he’s refusing to be deported from Palestine. He called on the political parties and forces to stand by prisoners and support them in their strike to achieve freedom and cancel their arrest decisions.

The lawyer Obeidat said that the health condition of the prisoner Ayman al-Sharawna is very dangerous, he lost his sight in his right eye and lost sensation in all parts of his body and he refuses the harsh treatment when doing medical checks.

It’s worth noting that the two prisoners; al-Issawi and al-Sharawna, were released in Shalit swap deal and they were re-arrested by Israeli authorities without specific charge or trial. Al-Sharawna started his open hunger strike in 1/7/ 2012 and al-Issawi in 1/8/2012.

Qaraqe and Qadura Fares have called on the Egyptian government to immediately intervene to release the striking prisoners and the eight prisoners that were re-arrested, expressing their concern for the Israeli dangerous policy against the released male and female prisoners.

DCI-Pal: Children prosecuted in Israeli military courts – update

The following public statement was issued by Defence for Children International – Palestine Section to update on the current situation of Palestinian children held as political prisoners and prosecuted in Israeli military courts:

[2 October 2012] – Since September 2009, a number of amendments have been made to Israeli military law that affect the manner in which children are prosecuted in military courts in the occupied West Bank. This statement provides an update as to the impact of these developments from both a legal and practical viewpoint. It should be noted that Israeli military law technically applies to all those present in the West Bank, includingIsraeli settler children, however the latter are invariably processed under Israel’s civilian legal system, which contains far greater safeguards and protections.

Establishment of a military juvenile court – Military Order 1644

On 29 September 2009, a military juvenile court was established by Military Order 1644 (incorporated intoMilitary Order 1651) following mounting criticism that the Israeli military had been prosecuting children as young as 12 years in adult military courts for over four decades. Under the new order, children are still prosecuted in military courts but are now supposed to be separated from adults in most cases and tried before military judges who have been “appropriately trained”. Lawyers familiar with the military courts have identified a number of flaws with this development:

  • Bail applications and hearings to determine whether a child remains in detention pending the conclusion of the case can still be heard in adult military courts, where military judges have not necessarily received the “appropriate training” to handle cases involving minors.
  • The new order does not provide any guidelines relating to the release of children on bail, which is still governed by the same provisions that apply to adults. Further, the new order does not introduce any guidelines specifically addressing the special needs of children when it comes to sentencing.
  • The new order makes no change to the time period during which a child can be denied access to a lawyer, which remains at 90 days for both adults and children.

According to an assessment made by an Israeli organisation in 2011, few substantive improvements have resulted from the introduction of a military juvenile court:

[B’Tselem – No Minor Matter] – “The rights of Palestinian minors are flagrantly violated at every stage of the proceedings conducted against them, from the initial arrest and removal from their homes, through interrogation and trial, to serving the prison sentence, and then release […]. The amendments to the military legislation are marginal and have failed to bring about meaningful change in the military system’s treatment of minors.”

Raising the age of majority – Military Order 1676

On 29 September 2011, Military Order 1676 purported to raise the age of majority in the military courts from 16 to 18 years, in line with Israeli civilian law. Significantly, the new order does not apply to the sentencing provisions and accordingly, Palestinian children aged 16 and 17 years can still be sentenced as adults. No such limitation applies to Israeli children, including those living in settlements in the West Bank and East Jerusalem.

Consulting with a lawyer – Military Order 1676

Military Order 1676 also introduced a requirement that children must now be notified that they have the right to consult with a lawyer. Israeli police must contact the lawyer named by a child prior to commencing the interrogation, provided that this does not delay the investigation. Lawyers familiar with the military courts have identified a number of flaws with this development:

  • It assumes that children as young as 12 years are in possession of the contact details of a lawyer.
  • The order does not stipulate at what point in the investigation a child must consult with a lawyer. In practice, the overwhelming majority of children continue to meet with their lawyer for the first time in the military courts, long after their interrogation is over.

Accompanied by a parent during interrogation – Military Order 1676

Military Order 1676 also introduced a requirement that Israeli police officers must now inform a minor’s parents that their child is in police custody. In the case of “security offences”, which includes stone throwing, notification can be delayed for up to eight hours. It should also be noted that Israeli police stations in the West Bank are located inside fortified settlements where access for Palestinians is severely restricted. Lawyers familiar with the military courts have identified a number of flaws with this development:

  • Palestinian children who are prosecuted in the military courts are initially detained by the Israeli army, not the police. The children can remain in military custody for many hours before being handed over to the police, and the new notification requirements do not apply to the military.
  • Although there is now an obligation on the police to notify parents, there is still no legal requirement entitling parents to be present when their child is being questioned – a practical safeguard generally applied to Israeli children, including those living in settlements in the West Bank. In practice, children continue to be interrogated in the absence of a responsible adult capable of safeguarding their interests.

Time within which a child must be brought before a judge – Military Order 1685

On 1 August 2012, Military Order 1685 came into effect. The new order reduces the time within which children detained by the Israeli military must be brought before a military court judge for the first time. The order shortens the time from eight to four days. This amendment applies to adults and children as young as 12 years. The amendment does not automatically apply in cases where a person is being interrogated by the Israeli Security Agency (ISA) (also known as the Shin Bet). Lawyers familiar with the military courts have identified a number of flaws with this development:

  • The critical period for Palestinain children detained by the Israeli military is the first 48 hours after arrest. It is during this period that most cases of physical and psychological abuse occur and the child is interrogated without the benefit of legal advice or the presence of a parent. The amendment which now requires children be brought before a military court judge within 96 hours of arrest adds no additional protection.
  • No explanation has been given as to why more favourable time limits apply to Israeli children, including children living in settlements in the West Bank. Under the law that is applied to Israeli children, a child below the age of 14 must be brought before a civilian judge within 12 hours of arrest, rising to 24 hours in the case of older children.

Translation of military orders into Arabic

Under international law, to have legal effect all of the above changes to the military law must be published in Arabic and disseminated widely. (See Fourth Geneva Convention – Article 65). As of 2 October 2012, none of the military orders mentioned above have been translated into Arabic by the responsible party – the Israeli military authorities – and so technically, have no legal effect.

Discrimination enshrined in law

Whilst settler children are processed through Israel’s juvenile justice system and generally released on bail, Palestinian children accused of similar offences are prosecuted in military courts which deny children bail in at least 87 percent of cases, and have a conviction rate of 99.74 percent. The table below highlights some of the ways in which the two Israeli legal systems applied in the West Bank discriminate between children based on race or nationality.

# Event Civilian juvenile justice system Military court system
1   Minimum age of criminal responsibility.
12 12
2   Minimum age for a custodial sentence. 14 12
3   Age of majority. 18 16-18
4   Legal right to have a parent present during interrogation. Generally yes
No
5   Legal right to have a lawyer present during interrogation. No No
6   Legal right to have interrogation audio-visually recorded. Partial No
7   Maximum period of detention before being brought before judge. 12-24 hours 4 days
8   Maximum period of detention without access to a lawyer. 48 hours 90 days
9   Maximum period of detention without charge. 40 days 188 days
10   Maximum period of time between charge and trial. 6 months 2 years
11   Percentage of cases in which bail is denied. 20% 87%
12   Percentage of cases in which a custodial sentence is imposed. 6.5% 90%

Unlawful transfer of children to prisons inside Israel

According to Israeli Prison Service figures, each month approximately 60 percent of Palestinian child prisoners are detained in facilities located inside Israel. The transfer and confinement of these children in detention facilities inside Israel violates Article 76 of the Fourth Geneva Convention and attracts personal criminal liability for individuals involved the transfer and confinement process by virtue of Articles 146 and 147 of the Convention. None of the recent changes to the military law mentioned above address this violation.

Findings of UK Foreign Office report largely ignored

In June 2012, a delegation of lawyers from the UK, including a former Attorney General and a Court of Appeal judge published a report on children in the Israeli military court system. The Foreign Office funded report –Children in Military Custody – found that Israeli authorities were in breach of at least six international legal obligations in regards to Palestinian children held in military detention. The report concluded by making 40 practical recommendations which the Israeli embassy in London said would be studied “closely as part of its ongoing efforts to find the most appropriate balance between preventing violence and treating perpetrators with humanity.” Included in these recommendations were:

  • A requirement that children be allowed to consult with a lawyer prior to interrogation;
  • A requirement that children should have a parent or guardian present prior to and during their interrogation; and
  • All interrogations should be audio-visually recorded.

As of 2 October 2012, none of the 40 recommendations have been implemented.

Related links:

•    Breaking the Silence – Children and Youth
•    UK lawyers – Children in Military Custody 
•    DCI – Bound, Blindfolded and Convicted
•    B’Tselem – No Minor Matter

Palestinians for Dignity: No To Political Arrests

The following statement was released by Palestinians for Dignity for their Tuesday, Oct. 2 5 pm protest in Ramallah demanding an end to political arrests:

“NO TO POLITICAL ARRESTS”

Join us at 5:00 pm at Manara Square in Ramallah

Our demonstartion today comes as a result of the wide campaign of arrests carried out by the Palestinian Security Forces (the Intelligence Services, the Preventive Security, and the Military Intelligence), which began on the evening of Wednesday, September 19, 2012, and continues to this day. According to statements released by a number of Palestinian human rights organizations (Addameer, the Palestinian Independent Commission for Human Rights, Al-Haq), the number of political arrests has topped 130. While some of those arrested have been released, more arrests have occured over the passed days, with the final number of those in detention still unknown. Some of those arrested have entered an open-ended hunger strike.

Although political arrests is a phenomenon that accompanied the establishment of the Palestinian Authority, over the rescent years it grew at a rapid pace. Under the pretext of division between Hamas and Fateh, the most basic human rights have been violated, namely the freedom to express one’s opinion and to engage in peaceful opposition to the governing regime.

PALESTINIANS FOR DIGNITY

—————————————-

What are political arrests?

When a person is imprisoned because of his/her opposition to the regime and/or political affiliation, or for sympathizing with opponents of the regime or rendering its oponents assistance; in other words, anyone who criticizes the performance of the Palestinian Authority or chooses to oppose it politically is at risk of arrest. In the current context, “normal” citizens and political activists are at equal risk of being subjected to political arrest.  The number of people who were arrested as a result of recent arrest campaing are as follows:

Qalqilya – 24, Ramallah – 9, Salfit – 20, Jenin – 5, Hebron – 8, Bethlehem – 7, Jericho – 4, Tulkarem – 22, other areas – 22.

Additionally, between 10 and 20 people have been arrested in the Gaza Strip over the same period, with at least another 30 to 40 people who were arrested but later released.

How can we know that a certain arrest is political?

The authorities can claim that a person was arrested for reasons that have nothing to do with politics or with freedom of expression. This is usually claimed by the authorities to conceal its violations and find a legal excuse to restrain the freedom of political activists. For this reason, every person that has been arrested should be presented with the accusations against him/her, should be detained according to the law, and accordingly should be brought before a court with the presence of an attorney to defend him/her. However, what is happening today is far from these legally mandated proceedings. Palestinian human rights organizations have documented many cases that indicate arrests were carried out for political reasons, and that the proper legal proceedings were not followed, because, simply put, there is no law criminalizing any political affiliation or expressing opinions. Therefore, the arrest of any citizen because of his/her political affiliation with a Palestinian political party or because he/she expressed an opinion peacefully is considered a political arrest, and will continue to be considered as such even if other legal charges were fabricated.

News agencies have reported that the Palestinian security forces arrested newly released prisonors from Israeli jails, in addition to a number of journalists and youth activists, and these arrests are considered a violation of the Palestinian Basic Law.

Why are there political arrests?

All tyrannical authorities believe that when it arrests dissidents, activists, or even ordinary people,it causes the rest of the population to fear criticizing it, and therefore by just arresting 100 it will have effectively imprisoned the entire population with fear. In this way it will facilitate its control over the country. For this reason, the political detainee is often exposed to torture in prison. This has included shabah (hands bound behind back and legs tied), beatings, and prolonged sleep deprivation, according to human rights organizations.

Sarsak will travel to Spain at the invitation of BDS Catalunya, rejects normalization

GAZA, PALESTINE, September 24 – Following a weekly sit-in by families of Palestinian detainees held by Israel, national football player and former detainee and hunger-striker Mahmoud Sarsak held a press conference outside the International Committee of the Red Cross (ICRC)’s Gaza Strip headquarters to announce that he would attend a separate FC Barcelona game at the invitation of Boycott, Divestment and Sanctions (BDS) group BDS Catalunya, rather than a “normalization” event with former Israeli soldier Gilad Shalit. (Photo: Joe Catron)

 

Ill prisoner Mohammad Al-Taaj moved to hospital

Via IMEMC:

The International Solidarity Foundation for Human Rights reported that Palestinian detainees, Mohammad Rafeeq At-Taaj, 42, imprisoned at the Hadarim Israeli prison was moved to hospital due to a sharp deterioration in his health condition.

At-Taaj suffers from blood Oxygen deficiency (hypoxia) and asthma; he was moved to the Kfar Saba Israeli hospital for medical checkups.

His health condition deteriorated more than 10 days ago, and the Prison Administration refused to transfer him to hospital until Sunday.

Doctors at the hospital conducted some tests and an X-Ray was done but no information was revealed regarding the outcome.

At-Taaj was kidnapped by the army on November 19, 2003, and was sentenced to 14.5 years; he is from the Tubas district in the West Bank.

Last march, At-Taaj conducted a two-month hunger strike demanding Israel to treat him as a prisoner of war.

He currently also suffers from pain in his abdomen, pain and low vision in one of his eyes, and several other health issues.

Palestinian footballer Ibrahim Wadi arrested by occupation in West Bank, deported to Gaza

Bethlehem– The Israeli occupation forces (IOF) arrested at dawn on Saturday, a Palestinian football player from the Gaza Strip, who plays with Jerusalem’s Mount Scopus.

The occupation arrested the football player Ibrahim Wadi at Container checkpoint near Bethlehem in the southern West Bank while returning from a Football match in the city of Jenin northern West Bank, Amjad Jaffal, an official in the Mount Scopus club told Quds Press.

Jaffal stated that the Israeli soldiers detained a number of Football players and administrators, early Saturday morning, before being released and arrested the player Wadi, informing him that he will be deported to the Gaza Strip, noting that it was not known yet if he is already deported or still detained.

It is noted that the occupation prevents Palestinian players from the Gaza Strip from joining sports teams in the West Bank, where many of them were arrested and deported to Gaza, such as Mahmoud Sarsak, who tried to travel to the West Bank to join the national football team, and was detained administratively without charge or trial, and fought a hunger strike which lasted more than three months to be released to the Gaza Strip.

October 12: London protest for Palestinian prisoners

Please note that the next protest will be on Friday 12th October 3-5pm outside the London head office of the security firm G4S:
Facebook Event: https://www.facebook.com/events/193030774163837/

Southside
105 Victoria Street
London
SW1E 6QT

The British-Danish security firm G4S is providing security systems to help Israel secure prisons and interrogation centres where Palestinian children are being caged and tortured. These include Ofer prison in the occupied territory where G4S provides the perimeter defense system and the central command control room for the entire facility, and the notorious Al Jalame interrogation centre in northern Israel with its Cell 36 where Defence for Children International reported children are locked in small filthy cells in solitary confinement, some for 65 days, with their only escape being the interrogation room where they are shackled by their hands and feet to a chair whilst being abused, sometimes for hours. G4S provides the security system that keep this torture den operational.

Join us for this important protest, more details to follow’