Child Prisoners and Detainees: Occupied Palestinian Territories

Andrew Percy Excerpts

Wednesday 6th January 2016 Westminster Hall

[Sarah Champion]

It is disturbing. A pilot study looked at not doing night raids and issuing summonses instead, but the summonses were issued after midnight, which defeated the whole object.

[Andrew Percy (Brigg and Goole) (Con)]

I congratulate the hon. Lady on securing this undoubtedly important debate. The context in which Israel operates on the west bank is obviously incredibly difficult and none of us would want to find ourselves in it. With that in mind, will she comment on the failure of the Palestinian Authority to work with the Israeli authorities on the west bank on alternatives to detention? She knows full well that they will not engage in such alternatives. I hope that she also knows full well that the difficulty of arresting people during the day instead of the night is that it has led to deaths and riots. The authorities are operating in a very difficult context.

[Sarah Champion]

There are two points and I will come to some conclusions. There is a role for the British Government to work with both sides, and I accept that there are failings on both sides. However, the reason for riots when children have been arrested during the day is largely the inhumane treatment of those children. I understand why a parent would be extremely upset if their child was detained. The very fact that the Israel Defence Forces go in at night shows how hostile their behaviour is.

--- Later in debate ---

[Sarah Champion]

That is the nub of the problem: the Israeli children are tried in civilian courts, but the Palestinian children are largely tried in military courts.

[Andrew Percy]

The allegation is that Israel is attempting, through various processes, to annex the west bank, but the imposition of civil Israeli law on the west bank would be an annexation of the west bank. It is a standard rule under UN provisions that an occupying force uses military laws and justice. Any attempt to implement the Israeli legal system would be an annexation of the west bank.

[Sarah Champion]

I have heard that argument before and I hope that I will deal with it in the forthcoming part of my speech.

In the case of adults, the percentage rises such that a staggering 86% are in Israeli prisons. That affects between 7,000 and 8,000 individuals annually. To make matters worse—if that were possible—the military authorities have now informed UNICEF that they have no intention of changing that policy. It is striking that of the 38 recommendations made by UNICEF, the one stating that Palestinian children from the west bank should be held in facilities located in the Occupied Palestinian Territories is the only recommendation that UNICEF declares has been “rejected” by the Israeli authorities.

There is an unfortunate UK link when it comes to those prisons, as my hon. Friend the Member for Sheffield, Heeley (Louise Haigh) highlighted. As I am sure everyone here is aware, our own G4S is providing services to the prisons that hold Palestinian detainees following their unlawful transfer from the west bank, in violation of the convention. Those commercial contracts are set to continue until 2017, even though they have been officially held to be inconsistent with the OECD guidelines for multinational enterprises.

To understand why any of this matters, it is worth briefly considering the legal provisions that prohibit transfer, and why they were thought necessary in the first place. Article 76 of the fourth Geneva convention specifically prohibits the transfer of protected persons accused or convicted of offences from an occupied territory. It is unnecessary to consider whether the convention applies to the Israeli-Palestinian conflict, or the status of Palestine as an occupied territory, as both those issues have been authoritatively determined by the UN Security Council in legally binding resolutions and that has been accepted by successive British Governments, putting the question beyond any sensible dispute.

The articles of the convention are accompanied by a commentary provided by the International Committee of the Red Cross, whose role includes monitoring the compliance of warring parties with the convention. The commentary makes it clear that the prohibition on transferring protected persons from occupied territory, for whatever reason, stems from the experiences of the second world war, when, as we all know, mass transfers in Europe were commonplace. Determined to avoid a repetition of those experiences, the authors of the fourth Geneva convention voted unanimously in favour of prohibiting unlawful deportation or transfer.

--- Later in debate ---

[John Howell]

I believe that the hon. Lady is wrong about the evidence that interrogations are held in Arabic. I have the figure for investigations of which an audio or audio-visual recording was made. The number of cases in 2013 and 2014—the figures that I have—in which the investigating officer recorded the hearings is about the same, at about the 300 to 400 mark.

We are being unfairly selective against Israel, when we should focus our attention on the Saudi execution of minors. The point should also be made that the Palestinian Authority are responsible for human rights violations in the west bank, including the detention of journalists critical of the Palestinian Authority and the detention of peaceful demonstrators. In 2014—according to a Palestinian non-governmental organisation, so the figures are independent—some 2,500 Palestinian children in the west bank had been arrested by the Palestinian Authority. A number of those children were mistreated, and I will give some examples. One 15-year-old Palestinian was arrested on 24 April 2015 after a group of youths threw rocks at Palestinian Authority forces. He was beaten on his head, arm and foot with a rifle butt by a Palestinian Authority policeman.

If hon. Members want another example, in August 2015, a 14-year-old Palestinian suffered a broken arm and bruises when he was seriously beaten by a Palestinian Authority police officer who was breaking up a fight. Of the 81 Palestinian children whom the NGO had identified and provided legal aid to in 2014, almost half had suffered some form of physical violence at the hands of Palestinian police and security forces, so the argument here is not at all about just one side—that it is Israel that is the perpetrator of these attacks on children.

[Andrew Percy]

My hon. Friend is absolutely right. One of the biggest issues, of course, is incitement. Does he share my concern about the container of children’s dolls that was headed for the Palestinian territories? I have brought one with me today—although we are not allowed to use aids. Each doll is dressed up, has a rock in its hand and has messages saying, “Jerusalem is ours” and “We are coming for Jerusalem” on it. A child with a rock in its hand—how on earth are we ever going to get peace between these two peoples when children are incited from a young age into committing what are, quite often, very serious acts of violence that have resulted in death?

--- Later in debate ---

[Dr Whitford]

No, I will not, because I am trying to leave time for a wind-up speech at the end.

We have allowed ourselves not to try to solve the problem. We are talking about how children are treated. I totally accept the point that the hon. Member for Brigg and Goole (Andrew Percy) made; the Israelis must try these children in a military court—that is a requirement, otherwise they would be seen as annexing the west bank—but it is about the way that the children are treated. They are arrested by the military, held and interrogated and taken to a military court. There is no requirement for a military court to treat the children badly.

[Andrew Percy]

One point we have heard repeated today is about people not having access to legal representation or parents, but will the hon. Lady accept, because it is a fact, that the situation is the same in the domestic law in Israel on minors? Similarly, many of the standard operating procedures that apply in the west bank have been copied over from the domestic law in Israel. Also, in terms of Gaza, when the Israelis left we ended up with a police force that was throwing people off buildings.

[Dr Whitford]

That is why I will not be taking any more interventions. If the hon. Gentleman compared the domestic civilian law in Israel and the situation in the military courts, he would find that they are nothing like each other. We have the reports from the delegation in 2011, the report in 2012, UNICEF’s report in 2013 and the update in 2015, and things have not changed. She is sadly no longer in her place, but the hon. Member for Bradford West (Naz Shah) talked about this. If we simply imagine a 12-year-old or a 14-year-old that we know going through this situation, whether they are in our family or are around us, what do we think it will produce? They are shaken awake to find two men with military weapons and they are dragged from their bed. They are blindfolded or hooded and their hands are tied behind their back. They are thrown on the floor of a military vehicle and driven for a couple of hours. They are then left with no food or drink and often no access to the toilet, and eventually their interrogation starts.

There is no audiovisual recording or evidence to show how the children were treated, but the affidavits collected by one charity after another, including B’Tselem, which is an Israeli non-governmental organisation, show that these children are being abused, threatened and frightened on an industrial scale, with more than two thirds of them being made to sign a confession in a language they do not understand. None of them reported having a parent with them. Only 97% reported not having a lawyer, so a whole 3% got access to a lawyer. The vast majority will meet their lawyer at the time of their first hearing. That leads to a high rate—it is in the nineties—of plea bargaining. They are told, “You have been held for three months. You will be held longer if you decide to contest this. Actually, that thing you signed is a confession.” They then end up in prison, miles away in Israel, with their parents unable to visit them for more than 45 minutes a month. Those parents have to get permission, which nowadays they are unlikely to get.

We have children who may be held for 18 months, without seeing a parent or family member, for throwing stones. What does Israel think that that produces? The child will have post-traumatic stress disorder. They will have missed schooling and will be suffering from all sorts of psychological problems, as highlighted by my hon. Friend the Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron). They will probably fail at school. They will not have work; work is hard enough to find in the west bank at the best of times. What we will have created is an angry young person who is ripe to be recruited to be violent and who hates Israel. That is not the solution to get peace.

--- Later in debate ---

[Andrew Percy]

I could not agree more on trying to bring groups together. On a recent visit to Israel—I declare an interest—we met the MEET group, which brings Palestinian and Jewish children together. It is a fantastic organisation. However, the hon. Lady knows I was a schoolteacher. Would I have delivered the following to any of my lessons? This is from a grade 8 Palestinian textbook:

“Today’s Muslim countries need urgently Jihad and Jihad fighters in order to liberate the robbed land and to get rid of the robbing Jews”.

That is the context of a lot of the violence. Yes, we must hold Israel to account, but we must also hold the Palestinians to account for the abuse of children through the school system.

[Diana Johnson]

I want to come on to deal with the point that the hon. Gentleman has just made. I think that every Member—[Interruption.]