 |
CONTENTS
Summary of Detention Condititions for Child Political Prisoners
Among other supposedly "essential security" measures in March 2003, Israeli troops carried out a midnight raid on a home in Nahalin, near Bethlehem , to arrest 14 year-old Bayan Fadhl Najajira, accused of setting fire to telegraph poles.
The experience of being dragged from his bed by soldiers and taken to Atzion interrogation center in the middle of the night, without family or lawyer, terrified Bayan, who promptly confessed to some of the most unlikely charges pressed on him by interrogators, including; setting fire to telegraph poles in October 2002, January 2003, March 13 2003 and March 19 2003, throwing 3 stones at military vehicles in 2003 and 10 stones on March 18, 2003. Bayan was then misled into signing a "confession" written in Hebrew, which his interrogators described as a release form. Bayan wasn't to know, since he doesn't speak Hebrew. He is now serving a 3-month sentence, one of a growing number of 13-14 year-olds entering the Israeli judicial system.
The number of rights violations in this one incident probably outnumber Bayan's 14 years. Among the worst, is the psychological torture engendered by a midnight arrest and unaccompanied interrogation, which disorientated and intimidated Bayan into making a false confession. Interrogators could easily mislead Bayan into signing the "confession" because it was in a foreign language, even though the Convention for the Rights of the Child states that "if the child cannot understand or speak the language used, he has the right to the free assistance of an interpreter. " Children also have the right to have their case examined by "by a higher competent, independent and impartial authority or judicial body according to law, " not a military court.
Bayan joins some 350 other child prisoners in the Israeli prison system, many of whom will have suffered similar experiences or worse, at their arrest, and many of whom continue to suffer because of poor treatment by the Israeli military and prison authorities. Health, education, hygiene, nutrition and emotional requirements continue to be neglected in most of these facilities, and none more so than Ketziot.
Prison Life
Ketziot
March was a mixed month for the 28 child prisoners in Ketziot, the Negev military prison, held alongside 1,091 other Palestinian prisoners. On the one hand, a rare family visit was allowed, allowing some contact with relatives and supplies from the outside world. On the other hand, conditions at the prison remain unhygienic and degrading, particularly after the return of the former prison governor from 1991, children told the DCI lawyer 1 April 2003. Family visits have been all too infrequent for prisoners in Ketziot, despite international legal requirements which state that families should be allowed access to their children. However, the authorities have allowed one visit, divided according to hometown, with Ramallah families scheduled for 24/3, Gaza families 28/4, Jerusalem families 7/4 and Nablus/Qalqilya families on 11/4. The authorities will allow families to supply prisoners with ½ litre of olive oil, 0.5kg of coffee or tea and one outfit, either black or dark blue.
However, the horror of general living conditions for the prisoners cannot be overstated. Rats and insects infest the prison tents, with at least 1,000 animals roaming through the camp - five per person, the prisoners' joke. The authorities have done nothing to exterminate the vermin, despite the obvious health hazard, which has already led to skin diseases. As in previous months, medical treatment has been withheld, even for prisoners with gunshot wounds. One prisoner with a kidney complaint shouts out continually, but has only been given painkillers.
Meanwhile, overcrowding means that around 20 prisoners are crammed into each 10-man tent. Hygiene is also desperate because of the overcrowding, poor quality soap and the lack of bathing facilities. Each bathroom is shared by around 50 prisoners and there is little hot water, despite the cold temperatures outside. The prison authorities count the prisoners three times a day, in the morning (6am), afternoon and evening. The prisoners are required to go into a yard covered in asphalt and sit on the ground. In the heat of the day it becomes extremely difficult to sit on this surface, because of the temperature.
Food and money for the canteen remain key concerns for the prisoners. As in previous months, meals lack vegetables, meat or flavour. On the rare occasion where there is a small amount of meat, prisoners have found feathers or wool in it.
A small ray of hope in this bleak environment, is the introduction of Russian, French and Italian classes, taught by other prisoners. The children continue to receive no formal education, despite Israeli and international legal rulings to the contrary, and these lessons represent a chance for both learning and entertainment.
Telmond:
In March, there were 74 children held in Telmond, after several prisoners were transferred to Ashkelon (on reaching 18) and 4 new prisoners were admitted. Prison conditions are little changed on the previous month, with overcrowding and degrading treatment still key concerns.
The boys continue to be deprived of sufficient beds, so that around 10 children sleep on the floor. This has caused health problems for some of the boys, particularly given the cold nights and lack of blankets and clothing, boys told the DCI lawyer, 13 March 2003. Many boys have colds and flu because of the lack of bedding, although the authorities refuse to give them either medical treatment or extra clothing.
In addition, boys are being subjected to strip searches, particularly when they are going to the military court in Salem or Beit El, which causes humiliation and distress. The way the boys are shackled when they are brought to see the lawyer also causes pain and unnecessary humiliation, and slows down the visiting schedule because of the long walk between the visiting area and the rest of the prison. Again the prison authorities would only bring out one boy at a time, leaving 40 to 60 minute intervals between visits.
Other current concerns are that:
- Breaks are just 45 minutes for each section; the boys are divided into two sections so that the first group goes out for 45 minutes and then the second group.
- West Bank families are prevented from visiting, although Jerusalem families can visit once every two weeks.
- Prisoners are not getting adequate nutrition from the two prison meals a day. One day a week, prisoners are given chicken which isn't very clean. The rest of the time, they have a bowl of soup and a plate of rice - between three. One of the children, Ribhi Sadr, told the DCI lawyer that they had used tea powder four times because they didn't have enough money for the canteen.
- Prisoners are unable to move televisions between rooms, although they bought them with joint funds.
- Prisoners are very short of money for the prison canteen, particularly because of the monetary fines.
Ramle
The DCI lawyer again found difficulties in visiting the 10 girl prisoners in Ramle women's prison on 27 March 2003. As well as a long wait at the gate, the screen between prisoners and the lawyer remains in place and guards attempted to overhear conversations, despite the prisoners' legal right to privacy.
As in Telmond, a new system of fines has been introduced for misdemeanors which results in girls being deprived of money for food. The prison food itself is poor quality and lacking in nutrition, and girls keep asking for hot plates and materials to cook for themselves. The girls have also asked for more heaters and televisions through their representative, Amne Muna, but the authorities refuse to recognize her as the official representative.
Given the lack of formal education, the girls have started up lessons, among themselves, in Hebrew, English, Politics and History. However, there is a shortage in books and materials. Only 2 girls sitting the tawjihi exam have books, while 4 more don't have the necessary materials. In addition, the authorities have refused permission for girls to apply for university from the prison.
The girls key demands are for:
- An improvement in prison food, and the right to cook their own food
- Permission for the Red Cross to bring in clothes
- More money for the canteen
- More books, including educational books for the four other Tawjihi candidates
- More space; one of the child prisoners - 'Aisha 'Abiyat - has to sleep on the floor, causing her back problems
Case Studies
Case One; Bayan Fadhl Najajira, aged 14
Israeli troops came to arrest Bayan in the middle of the night on 24 March 2003, the day after his 14th birthday. He was taken from his bed to Atzion detention center, where he was immediately interrogated, without any legal representation. Bayan told the DCI lawyer that he was very frightened during the interrogation and when the interrogators accused him of something, he confessed. When they had finished, they asked him to sign a document in Hebrew (Bayan speaks Arabic), so that he could be released, adding that he was too young to be charged. He signed the document, which turned out to be a confession to the following 9 charges:
In October 2002, he had set light to a telegraph pole
In December 2002, he threw stones at Israeli cars near Nahalin
In 2003, he threw stones, 3 times, at Israeli military vehicles
In January 2003, he set fire to a telegraph pole
On 13 March 2003, he set fire to a telegraph pole
On 13 March 2003, he cut through a fence to reach the telegraph pole
In March 2003, he wrote slogans for Islamic Jihad and Hamas
On March 18 2003, he threw stones, 10 times, at Israeli cars and military vehicles
In March 19 2003, he set fire to a telegraph pole
On 30 March 2003, the prosecutor asked the court to extend Bayan's arrest on the basis of these charges. On 31 March, Bayan appeared in court, represented by the DCI lawyer. The prosecutor asked for 8 months imprisonment, DCI objected and the court was adjourned until April 3 when the prosecutor agreed to drop the first seven charges, and reduce the March 18-19th charges to throwing stones twice and setting fire to a telegraph pole. The military court sentenced Bayan to three months imprisonment, with a 9-month suspended sentence for 3 years, and a 2000 shekel fine ($1=NIS4.7).
Case Two; Riham Musa - Update:
As reported last month, Riham As'ad Muhammad al-Shaikh Musa, is 15 years old from Tulkarem refugee camp. She comes from a large family of 9, who have suffered from financial problems since the death of their father. Riham was on her way to visit some relatives in al-Tira on February 20, but at a checkpoint en route, she was shot several times by Israeli soldiers who accused her of trying to stab one of them with a knife.
Riham's treatment since that time has been cruel, particularly when you consider her age and medical condition. Despite two operations, Riham was kept shackled, both hands and feet, to the hospital bed in Kufr Saba. In early March, she was transferred from the civilian hospital to an adult prison hospital, without specialist care. There, her condition worsened and she developed complications which meant that she was transferred back to the civilian hospital. Following further treatment, she has been transferred to Ramle women's prison which houses 10 girl prisoners alongside 48 adults. Riham has not seen any of her family since her arrest.
On 27 March 2003, Riham gave the following sworn affidavit to the DCI lawyer about the events of February 20 2003:
....."When the soldiers saw me, they opened fire on me and I was hit in the stomach, although I didn't fall to the ground. I kept standing in the same spot, not moving, so that they would stop shooting. However, another soldier shot me in the leg and then I fell to the ground. Many soldiers appeared and started to cordon off the area, but none of them came near me. They asked me - from a distance - to take all my clothes off including my underwear, so that they could examine them. I said not unless they brought me a cover, so they did that and I took my clothes off under the cover, and put them on one side. They took them, even though I was wounded and bleeding.
After this, they took me in an ambulance to (Ma'ir) hospital (in Kufr Saba). I lost consciousness in the ambulance and when I woke up it was Saturday, which means that I was unconscious from Thursday 20 February to the afternoon of Saturday 22 February. I remained in that hospital for 2 weeks.
I had two operations, one on my leg and another on my stomach. In the second operation, they removed parts of my intestines which had been torn by an (exploding) bullet. Whilst I was in the hospital for these two weeks, I was tied to the bed with both my hands and my feet, despite the strong pain I was in. Four soldiers guarded the room and treated me very badly. I found it very difficult to sleep because of the way they kept on harassing me. It was also very difficult to go to the toilet."
On a visit, the DCI lawyer found that Riham was even tied up when she went to the bathroom or ate food. When he objected, one of the guards said it was to prevent her from escaping. This was completely excessive, since Riham was barely able to make it to the bathroom and was guarded by up to 4 soldiers.
"I remained in Ma'ir hospital for two weeks, after which they moved me to Ramle prison hospital, where my condition deteriorated. They then moved me back to Mai'r hospital in Kufr Saba for another five days, where I was treated with antibiotics. The soldiers treated me extremely badly and wouldn't allow me to receive any clothes from outside, or even a bottle of juice which the lawyer brought. After this, they put me back in Ramle prison hospital for 5 days and then the prison itself. I am currently (27/3/03) in Ramle prison where they give me painkillers because I sometimes feel pains in my stomach. The prison guards treat me badly, in a way that you shouldn't treat a girl who has been injured. However, I get a lot of help from the other prisoners who told me that I will be moved back to Kufr Saba hospital at the start of next month (April), for another operation. What I really want is to see my family before the operation, as this will really make me feel better, both my health and my spirits. I haven't seen any of my family since I was arrested."
On March 5 2003, Riham was due to attend a hearing at Salem military court, charged with attempting to kill a soldier with a knife. Because of her health condition she was unable to attend the hearing, which has been postponed until 22 April 2002.
|
|
