Case ISR 050401.3 CC Follow-up of Case ISR 050401.3 CC Torture and cruel, inhuman or degrading treatment or punishment Geneva, February 10, 2003 The International Secretariat of OMCT has received new information regarding the following situation in Israel/Occupied Territories. New information The International Secretariat of OMCT has been informed by DCI/Palestine Section, a member of the OMCT network, that the situation of child detainees worsened in 2002 in Israel/Occupied Territories. According to the information received, the year 2002 was characterized by a 57% increase in the overall number of prisoners under 18, a 38% increase in the youngest prisoners (aged 13-14) and a 100% increase in sentences over one year of imprisonment imposed on children. By the end of 2002, figures indicate that the average number of child prisoner cases handled by DCI/PS throughout the year was 290, compared with 185 in 2001. According to the same source, child prisoner living conditions have generally deteriorated over the last quarter of the year. Cells are often poor, cramped, cold and unhygienic, while the authorities do not provide enough food, leading to incidences of anemia as a result of malnutrition. Healthcare and education are frequently seen by the Israeli prison authorities as a luxury, rather than a legal right, for the child detainees. In addition, many of the children are traumatized either by physical or psychological torture or other forms of cruel, inhuman or degrading treatment, ranging from restraint in uncomfortable positions for a period of time, threats, and beating. Child prisoners also suffer from a lack of visits due to travel restrictions which prevent their relatives (apart from Jerusalem ID holders) from visiting Israel and from bringing them clothing or food from outside. Meanwhile, the Red Cross is also obstructed from bringing educational materials, pastimes and clothing into all the prisons. The most concerning situations are the following: Telmond Prison According to DCI/PS, on 21 January 2003, children detained in Telmond Prison were raided by around 100 prison guards and soldiers using batons, clubs and stun guns. Each child was taken to a different cell and those who objected or asked for the reasons for this raid, were beaten. Three children suffered various fractures from the attack. It emerged that the soldiers were searching for mobile phones inside the children's rooms. In the process they confiscated prayer mats, cooking equipment and personal belongings, including family photos, personal notes and hand-made items made by the children. In addition the guards and soldiers tore and threw the Koran on the floor, and ripped other books. Ketziot prison According to DCI/PS the reopening of Ketziot military prison in the Negev desert last April has brought about some of the worst living conditions for Palestinian child detainees. The tent structures of the prison are inadequate for the cold desert winter, while there is a shortage of clothes and blankets for around fifty 16-18 year olds imprisoned there alongside some 750 other adult inmates. In conformity with military order number 132, the military authorities deal with the children as adults. The same source also mentions that the prison holds around 20 child administrative detainees, who can be held without charges for up to six month periods. Parents are prevented from visiting their children, while the administration makes it extremely difficult for lawyers to visit the prison. In addition, two prisoners, Wi'am Harriri and Ghassan Rateb require medical treatment which is being denied by the authorities. Wi'am requires surgery, while Ghassan has bullets in his hands and legs, but is only receiving pain killers. Megiddo Prison This military prison, made up of 5 rooms and numerous tents, houses around 1000 prisoners, around 70-100 of whom are between 16-18 years old. As in Ketziot, these children are dealt with as adult prisoners. Winter conditions are hard inside the prison, with problems of extreme cold, leaks in the tents and lack of clothing and blankets. Due to a ban on family visits and difficulties with Red Cross visits, prisoners are unable to obtain these things from outside, while the prison authorities refuse to supply them. The prison authorities also refuse to give the prisoners a heater, because they say it could constitute a threat to prison security. During the last three months, the authorities have continued to raid the prisoners on a frequent basis, often without mentioning what they were looking for. They often have confiscated possessions, and rip and tear personal belongings in these raids. Remarks OMCT wishes to recall that the Convention on the Rights of the Child, to which Israel is party, provides that: "States Parties shall ensure that: (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. (…); (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; (c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances; (d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action." (art. 37) Action requested Please write to the authorities in Israel/Occupied Territories urging them to: i. put an immediate end to all forms of torture, cruel, inhuman and degrading treatment, in accordance with national and international legislation; ii. take all necessary measures to guarantee the physical and psychological integrity of all Palestinian children being held in Israel; iii. place the children (any persons below the age of 18) in a separate section from criminal and adult prisoners, except when it is in the best interests of the child to detain them together; iv. order a thorough and impartial investigation into the circumstances of these forms of ill-treatment in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law; v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards, in particular with the Convention on the Rights of the Child. Addresses * Ariel Sharon, Prime Minister, Office of the Prime Minister, 3 Kaplan Street, Jerusalem 91007, Israel. Fax:(+ 972 2) 670 5475, E-mail: rohm@pmo.gov.il, pm_eng@pmo.gov.il * Meir Shitrit, Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91029, State of Israel. Fax:+972 2 6285438, (+ 972 2) 2 628 8618, E-mail: sar@justice.gov.il * Elyakim Rubinstein, Attorney-General / Legal Advisor to the Government, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91010, Israel, Telegrams: Attorney-General, Jerusalem, Israel, Fax: + 972 2 628 5438 * Benjamin Netanyahu, Minister of Foreign Affairs, Ministry of Foreign Affairs, Fax:(+ 972 2) 530 3704, E-mail: sar@mofa.gov.il * The Supreme Court of Justice, Kiryat Ben Gurion, Jerusalem, Israel. Fax: (+ 972 2) 652 71 18 * Ambassadeur, Levy, Yaakov, Av. de la Paix 1-3, CH-1202, Genève, Suisse, e-mail : mission.israel@gva.mfa.gov.il, fax: +4122 716 05 55 Please also write to the embassies of Israel in your respective country. Geneva, February 10, 2003 Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
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