Newsletter - February 2019

Detention figures

According to the Israeli Prison Service (IPS), as of 31 January 2019 there were 5,298 Palestinians (West Bank, East Jerusalem, Gaza) held as “security prisoners” in detention facilities including 209 children (12-17 years). In the case of children there was a 3% increase in the number compared with the previous month and an annual decrease of 23% compared with 2018. These figures include 2 children held in administrative detention. According to the IPS, 42% of child detainees were forcibly transferred and/or detained in Israel in violation of Article 76 of the Fourth Geneva Convention in January.
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Access to lawyers

Under Israeli military law children must be informed of the right to consult with a lawyer prior to interrogation (exceptions apply). According to data collected by MCW, in 2013 no child was informed of this right – in 2018 the number increased to 27%. While this appears to be a positive development, issues of concern remain. First, 73% of children continue to be denied this right. Secondly, in 95% of cases the consultation is via telephone and lasts between 15-60 seconds. Thirdly, in most cases the interrogator remains in the room and in sometimes puts the phone on loud speaker. Finally, Israel provides no legal aid for Palestinians charged with “security” offences.

10 foreign ministers condemn “illegal occupation” and the forcible transfer of detainees

The Guardian recently published an opinion piece by 10 foreign ministers including Britain’s, condemning Russia’s 5-year “illegal occupation” of Crimea. (The west must not abandon Crimea and Ukraine to Russian aggression (27 February 2019)). The foreign ministers argue persuasively that Russia’s annexation of Crimea “has jeopardized the rules-based system” established in the aftermath of the Second World War thereby imperiling collective security. However, for a rules-based system to be credible and durable, it needs to be applied objectively, without fear or favour. 
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A child’s testimony

On 13 February 2019, a 15-year-old youth from Beit Ummar was arrested by Israeli soldiers at midnight after he said he would not comply with a summons they had. He was accused of throwing stones but released without charge 13 hours later.

“I walked home at around midnight after visiting a friend. When I got home I went to my bedroom and was about to check my smart phone when I heard loud banging at the front door. I then heard military jeeps around our house. I opened the door and the Israeli commander walked in.”

Haaretz: Sick Palestinian teen kept in detention because Israeli official failed to write report

A Palestinian minor who suffers from medical problems remains in detention because the Civil Administration official responsible for writing a review of his case has passed the deadline for submitting it, in defiance of an order from a military judge. The review could have resulted in releasing him on probation, or finding an alternative to his ongoing detention. The youth, who is 16 and a half, is accused of throwing a stone that hit a car. He’s been under detention for a month. 
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UN court judge quits the Hague citing political interference

A senior judge has resigned from one of the UN’s international courts in The Hague citing “shocking” political interference from the White House and Turkey. Flügge, who had been a permanent judge on the International Criminal Tribunal for the Former Yugoslavia (ICTY) since 2008, told the German newspaper Die Zeit that he had concluded in the wake of the developments that the “diplomatic world” saw no value in an independent judiciary. Flügge said the attitude of the US administration to the international criminal court (ICC) in The Hague highlighted the danger. 
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Source: Military Court Watch, Newsletter, February 2019 >>

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