Every year, Israel arrests and detains hundreds of Palestinian minors, routinely and systematically violating their rights throughout: during arrest and interrogation, and at the military juvenile court. The minors undergo this process completely alone, cut off from their family and without legal counsel. Israel boasts of changes instituted in the military juvenile justice system in recent years, claiming significant improvement to the protections afforded minors. In practice, these changes have not helped safeguard minors’ rights and are no more than superficial matters of form designed to legitimize the military justice system and the occupation regime.
The report explains the reasons behind B’Tselem’s decision to no longer refer complaints to the military law enforcement system. It was made based on information compiled from hundreds of complaints B’Tselem has filed with the military, dozens of military investigations and many meetings with officials. B’Tselem will continue reporting violations but will no longer help a system which serves as a whitewash mechanism and that also, in advance, absolves senior military and government officials of responsibility for the policy they set out.
Joint report with HaMoked, Center for the Defence of the Individual
Sleep deprivation; prolonged binding; verbal and sometimes physical abuse; exposure to heat and cold; poor, meager food; small, foul-smelling cells; solitary confinement; unhygienic conditions. A new report by HaMoked and B’Tselem shows these to be standard in interrogations at Israel Security Agency’s (ISA) facility at Shikma Prison. The report is based on affidavits and testimonials by 116 Palestinians interrogated there from Aug. 2013 to March 2014, including at least 14 who had been interrogated under torture by the Palestinian Authority shortly before. The ISA’s interrogation system is run with the approval of Israeli authorities, including the High Court of Justice.
A new report B’Tselem published today indicates that remand in custody is the rule rather than the exception for Palestinian defendants. Most cases, therefore, end in plea bargains. To all intents and purposes, the Israeli military court appears to be a court like any other. There are prosecutors and defense attorneys. There are rules of procedure, laws and regulations. There are judges who hand down rulings and verdicts couched in reasoned legal language. Nonetheless, this façade of propriety masks one of the most injurious apparatuses of the occupation. The rules of Israeli law, ostensibly applied to the military court, have been rendered essentially meaningless - merely serving to whitewash the flaws of the military court system.
The report documents how security forces have denied residents of a-Nabi Saleh their right to protest and have prohibited demonstrations. In dispersing the demonstrations, the forces use tear gas and other means inside the village itself, harming the villagers. With demonstrations likely to occur following the declaration of a Palestinian state, B'Tselem calls on Israel’s security forces to respect the Palestinians’ right to protest.
The report reveals for the first time official data on treatment of Palestinian minors in Israeli military court system in the West Bank: 93% of all minors convicted of stone throwing were given jail sentences. The report shows how that the rights of these minors are violated severely throughout the criminal justice process.
The report exposes routine ill-treatment of Palestinians in interrogations. The findings, based on testimonies of 121 Palestinians, show they were subjected to cruel, inhuman, and degrading treatment, and in some cases, also to torture. The report calls on Israel to cease the illegal practices, punish the offenders, and compensate the victims.
According to the report Israel is holding 335 Palestinians in lengthy administrative detention. Nine Gazans are being held pursuant to the Internment of Unlawful Combatants Law. The organizations call on Israel to release the administrative detainees or prosecute them in accord with due process.
The ISA routinely maltreats Palestinian detainees during interrogations and in some cases even tortures them. This is one of the findings of the report issued today by B'Tselem and HaMoked: Center for the Defence of the Individual.
Israel’s regime of occupation is inextricably bound up in human rights violations. B’Tselem strives to end the occupation, as that is the only way forward to a future in which human rights, democracy, liberty and equality are ensured to all people, both Palestinian and Israeli, living between the Jordan River and the Mediterranean Sea.