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Results for juvenile justice system (israel)

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Author: Defence for Children International - Palestine Section

Title: In Their Own Words: A Report on the Situation Facing Palestinian Chidlren Detained in the Israeli Military Court System

Summary: Each year approximately 700 Palestinian children from the occupied West Bank are prosecuted in the Israeli military court system after being arrested, interrogated and detained by the army, police and security agents. It is estimated that since 2000 alone, around 7,000 Palestinian children have been detained and prosecuted in the system. This Report focuses on persistent and credible reports of torture and ill-treatment within a system that has now been operating for 43 years. In the Israeli military court system, children are frequently arrested from their homes by heavily armed soldiers in the middle of the night and are painfully tied and blindfolded before being placed in the back of a military vehicle and transferred to an interrogation and detention centre. It is rare for a child, or his/her parents to be told the reason for arrest, or where the child is being taken. The arrest and transfer process is frequently accompanied by physical and verbal abuse. On arrival at the interrogation and detention centre, the child is questioned in the absence of a lawyer or family member, and there is no provision for the audio-visual recording of the interrogation as a means of independent oversight. Children are frequently threatened and physically assaulted during interrogation often resulting in the provision of a coerced confession, or the signing of documents which the child has not had a chance to read or understand. Following interrogation, children are brought before a military court which has jurisdiction over children as young as 12 years old. Once a child turns 16, they are considered to be an adult. In the overwhelming majority of cases bail will be denied and an order for detention until the end of the legal process will be made. Most children ultimately plead guilty, whether the offence was committed or not, as this is the quickest way out of the system. In 2009, custodial sentences were imposed on children by the military courts in 83 percent of cases, in contrast to a custodial sentence rate of 6.5 percent in the Israeli civilian juvenile justice system. Once detained a significant proportion of children are transferred to prisons and detention facilities inside Israel, in clear violation of Article 76 of the Fourth Geneva Convention which prohibits such transfers out of occupied territories. The practical significance of this is that many children receive infrequent or no family visits. The findings of this Report are based on 40 sworn affidavits taken from children detained in the military court system in a six month period between 1 July and 31 December 2010 (the reporting period). The Report also makes reference to other sources where relevant, such as media and non-governmental reports. During the reporting period, DCI-Palestine also collected 15 sworn affidavits from Palestinian children arrested in occupied East Jerusalem. These cases will be dealt with in a separate report as Israel generally applies its domestic legal system to these children, and not the military orders that it applies to Palestinian children from the occupied West Bank. All of the quotes presented in this Report are taken from the 40 affidavits collected during the reporting period.

Details: Palestine: DCI-Palestine, 2011.

Source: Internet Resource: Accessed July 12, 2011 at: http://www.dci-pal.org/English/Doc/Press/JANUARY2011.pdf

Year: 2011

Country: Israel

URL: http://www.dci-pal.org/English/Doc/Press/JANUARY2011.pdf

Shelf Number: 122036

Keywords:
Juvenile Detention
Juvenile Justice System (Israel)
Juvenile Offenders