Detention of Palestinian Children (West Bank)

Andrew Smith Excerpts

Tuesday 7th December 2010 Westminster Hall

[Sandra Osborne]

The Palestinians have their own system for dealing with juvenile crime. I might add that we raised some issues about that with the Palestinian Prime Minister, who certainly acknowledged that there are problems with adult crime. The occupation has gone on for years, and the fact that Palestine is at least facing up to its difficulties and trying to improve the situation is laudable. However, it does not really matter what the legal system is. The system used by the Israelis breaks international law. That is completely unacceptable, and it is high time that something was done about it.

[Mr Andrew Smith (Oxford East) (Lab)]

I congratulate my hon. Friend on securing this enormously important debate. Further to the previous intervention, if I understood it correctly, it cannot be defensible to argue simply that because Israel is illegally occupying other territories, that justifies a dual and discriminatory legal system that contravenes international law and the human rights of Palestinians. Surely that is not what the hon. Member for Aberconwy (Guto Bebb) was arguing, was it?

[Sandra Osborne]

I certainly hope not. I could not agree more with my right hon. Friend.

Will the Minister confirm that the Government accept that such treatment is a serious breach of the fourth Geneva convention, and that the Government should implore Israel to abide by its treaty obligations? Will he raise those issues personally with the Israeli Prime Minister on behalf of the UK Government? Has he made any effort to view the military courts? I know that he will visit the west bank shortly; will he consider seeing the situation for himself?

DCI has made the following recommendations based on its detailed research into the legal issues. The Israeli authorities should:

“Ensure that no child is interrogated in the absence of a lawyer of their choice and family member;

Ensure that all interrogations of children are video recorded;

Ensure that all evidence suspected of being obtained through ill-treatment or torture be rejected by the military courts;

Ensure that all credible allegations of ill-treatment and torture be thoroughly and impartially investigated”.

Those found responsible for such abuse should be brought to justice. Furthermore:

“No Palestinian child should be detained inside Israel in contravention of Article 76 of the Fourth Geneva Convention”.

Thank you, Mr Howarth, for the opportunity to have this debate. I hope that the Minister will take this serious matter on board.

--- Later in debate ---

[Richard Burden]

I cannot envisage any situation in which a child, whatever they are alleged to have done, should be manacled, shackled and denied the right to see their parents. We cannot start discriminating against someone on the basis of the offence for which they are being tried. That does not excuse holding and treating children in ways that are contrary to the UN convention on the rights of the child and to the provisions of the Geneva convention. My views on the Israel-Palestine issue are well known—I do not claim to be impartial or always objective—but I would like to think that if I sat in a Palestinian court and saw an Israeli child being brought in shackled and manacled with their hands in front of them or behind their backs, I would not say, “Well, we have to remember that the Palestinians are actually living under occupation.” I hope that the hon. Gentleman would see that the same thing works the other way around. Whatever a child is alleged to have done, such treatment is unacceptable.

The hon. Gentleman is right that those teenagers are often charged with a range of offences, but the most common charge by far is for stone throwing. As my hon. Friend the Member for Ayr, Carrick and Cumnock said, DCI reported in 2009 that of the 192 cases in which it represented such children, 117 were for a charge of stone throwing, which is 61%. I do not want to go over the ground of whether the charges brought against those children are questionable—I think that many of my colleagues will speak about that in due course—but I want to say something about stone throwing and the context in which it happens.

Stone-throwing incidents frequently take place in areas close to Israeli settlements in the west bank, which are, as we have heard, illegal under international law. Palestinians living there, in a very literal sense, see those settlements as a concrete manifestation of occupation, a manifestation that is increasing in size and population. The presence and expansion of settlements and the dispossession or eviction of Palestinians to make way for them creates a tinderbox for violent confrontation. The settlements all too often bring Israeli soldiers and settlers in the occupied territory close to Palestinian population centres, and Israeli soldiers have sometimes shot children close to settlements and the separation barrier.

We have also seen a worrying rise in settler violence, according to UN monitors and human rights groups in the area. In 2010, there were on average 35 incidents of settler violence a month, an increase from 15 in 2006. As my hon. Friend said, we saw at first hand the evidence of some of those attacks near the town of Nablus and spoke directly with some of the Palestinian victims. Not all of the allegations stand up, but all the indications from the UN and others show that settler violence is a growing and real problem. It is a matter of concern in the context of this debate that more than 90% of cases of alleged settler violence that are investigated by the Israeli authorities are closed without any charges being filed. It is a very different picture for charges brought against Palestinians, particularly in the way in which Palestinian children are arrested, detained and sentenced.

As we have heard, there is a dual system of law based on nationality. Few Israeli settlers are charged with offences committed in the occupied west bank, but when they are, they are prosecuted in regular civilian courts within the state of Israel. Palestinians who are arrested, however, have to go to military courts and are held in military prison. That applies to children as well as adults. Palestinian children in the west bank go to military courts, but Israeli children go to civilian juvenile courts. What counts as a child in such cases depends on whether they are Palestinian or Israeli. The minimum age for criminal responsibility is the same for Israelis and Palestinians; in both cases, it is 12. However, the minimum age for a full custodial sentence in the Israeli civil system is 14, and in the Israeli military system it is 12. The age of majority for Israelis is 18, but for Palestinians it is 16. On the legal right to have a parent present during questioning, there is a partial right for Israeli children, but no such right for Palestinian children. It has to be said that in neither case is there a legal right to have a lawyer present. Is there audio-visual recording for interrogations? For Israeli children the answer is yes, but for Palestinian children it is no. The maximum period of detention before being brought before a judge is 48 hours for Israeli children, but 8 days for Palestinian children.

The maximum period of detention without access to a lawyer is 48 hours for an Israeli child, but for Palestinian children it is 90 days. The maximum period for detention without charge for an Israeli child is 40 days, for a Palestinian child it is 188 days. The maximum period of detention between being charged and the conclusion of a trial is 6 months for an Israeli child, but two years for a Palestinian child. Bail is denied in 20% of cases for Israeli children, but in 87.5% of cases for Palestinian children. Custodial sentences are imposed in 6.5% of cases for Israeli children, but in 83% of cases for Palestinian children. If that is not a form of apartheid in the legal system, I do not know how else to describe it. When victims of such apartheid are children, it become even more distasteful.

As chair of the all-party Britain-Palestine group, I do not claim to be impartial on the political situation in the west bank, but as I said to the hon. Member for Aberconwy (Guto Bebb), I would like to think that if the boot was on the other foot I would take exactly the same view.

[Mr Andrew Smith]

My hon. Friend’s commitment in that area is widely recognised. I invite him to speculate on why Israel continues in that fashion, given that it does such enormous damage to its international reputation and to the case it makes for self-defence. Could it be that the culture of subservience that is being inculcated is calculated by the Israeli authorities to confer benefits that outweigh the damage to its international reputation, not least because of the pusillanimity of the international community when confronted with such blatant disregard for human rights and international law?

[Richard Burden]

My right hon. Friend makes a good point, and we can only speculate on that. To some extent, we have already heard the answer today. Somehow, rights that should be inviolable and indivisible are being qualified, largely because Israel feels under threat. They are being qualified in a way that I do not think Israel would accept for any other state in the world. If we are to reach a settlement in that part of the world, the need to recognise that people have rights, irrespective of whether they are Palestinian or Israeli, is fundamental. We should not say that mistreating children in court is bad and then say that we should remember why it happens. Mistreating children in court is wrong, and we should be big enough to say that without qualification.

--- Later in debate ---

[Stephen Twigg]

I see the Minister nodding—we have cross-party agreement on that.

This is my first opportunity to speak about the middle east since I joined the shadow Foreign Office team in October. My right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), the shadow Foreign Secretary, visited Israel and the west bank last week, and met a range of Palestinian and Israeli leaders, including President Abbas and Prime Minister Fayyad. I would like to reaffirm the Labour party’s long-standing commitment to the middle east peace process and a solution based on the two states of Israel and Palestine living side by side in peace and security, with Jerusalem as a shared capital, and human rights at the heart of the process. Progress will require action by both sides, although in the context of this debate, particularly by Israel to end the expansion of settlements and the blockade of Gaza, as well as action by the Palestinians and other Arab states to fulfil their obligations under the principles of the Quartet.

I am pleased that my hon. Friend the Member for Ayr, Carrick and Cumnock focused on the plight of Palestinian children and, although I am a friend of Israel, I condemn everything that we have heard about today. That should not be difficult for a friend of Israel to do. If we are serious about the peace process, those of us who have long been friends of Israel must be clear that we are also friends of the Palestinians. I see my hon. Friend the Member for Birmingham, Northfield (Richard Burden) nodding; I know he believes that that can be achieved, provided that we stick with the absolute principles of human rights and democracy.

I deplore the methods that we have heard about in such detail today, primarily because they violate the universal principles of human rights, but also because they exacerbate tensions and undermine the prospects for peace. I pay tribute to the organisations mentioned during the debate and the brave NGOs that take up such causes. In particular, I mention Defence for Children International and the Israeli human rights organisation, B’Tselem, which does fantastic work in that field.

My hon. Friend the Member for Easington (Grahame M. Morris) mentioned night arrests, which are of particular concern especially if, as is alleged, they involve the use of physical violence. That cannot be right morally, but it must also worsen community tensions in what are already difficult and fragile circumstances. As a number of my hon. Friends have said, interrogation methods include the use of blindfolding and sleep deprivation to obtain confessions. Detainees are often presented with a confession written in Hebrew—a language that the vast majority of them do not understand. Several cases have been cited that suggest that people have signed confessions that they did not understand, which is not right or defensible. There is a lack of legal representation for detainees; many reports from international and Israeli human rights groups describe detainees not being permitted proper legal counsel throughout their interrogation. As we have heard, the majority of cases end in a confession.

Data from B’Tselem suggest that the number of detainees have been relatively constant over the recent period. At the end of October, just over a month ago, 251 minors were detained by Israeli security forces in the west bank, including east Jerusalem—my hon. Friend the Member for Ayr, Carrick and Cumnock also cited that figure. That is of great concern, but I am particularly worried about those 34 detainees who are aged between 12 and 15, and the two aged between 16 and 18 who are being held under administrative detention.

Earlier, there was an exchange with the hon. Member for Aberconwy (Guto Bebb), who is no longer in his seat, about the application of human rights conventions in the occupied territories, and the security situation. I have two observations about that. First, even if Israel argues that obligations on human rights do not apply in the case of an occupied territory, international humanitarian law is clear and should be respected. I would urge Israel to apply the conventions on human rights as well. Secondly, as has been mentioned previously, according to the convention on the rights of the child—to which Israel is a welcome signatory—a child is defined as

“every human being under the age of 18 years.”

Nevertheless, we still have the inconsistencies and discriminatory practices to which reference has been made.

[Mr Andrew Smith]

I congratulate my hon. Friend on his inaugural speech on the middle east as a member of the shadow Foreign Office team. What additional measures does he believe the international community should take to pressurise Israel to conform with the conventions that he advocates?

[Stephen Twigg]

I thank my right hon. Friend for that question. It is crucial to have a consistent approach from the Government, the European Union and particularly from the United States Government—the one country to which Israel listens. The issues in question must be raised consistently, just as we would do with other countries around the world.

One specific point that relates tangentially to the debate about settlements is the announcement made by my right hon. Friend the Member for Normanton, Pontefract and Castleford. Following her visit last week, she said that she will press for products that come from the settlements to be labelled as such, so that consumers who want to exercise consumer choice not to purchase settlement-produced goods can do so.

I am conscious of the time and I want to say a few things in conclusion. First, I pay tribute to the excellent work of a wide range of NGOs, some Palestinian, some Israeli and some international. Save the Children does very important work in the west bank. I was reading about an example of that yesterday. The post-trauma rehabilitation of Palestinian ex-detainee children programme reaches hundreds of children. It works with formerly detained children, most of whom undergo individual and group counselling sessions in addition to vocational training and assessment programmes. The post-trauma rehabilitation programme, for instance, offers opportunities for children who are often trapped in a cycle of conflict. That work is critical in addressing post-traumatic stress syndrome which, it is reported, many of the ex-detainee children experience following their ordeal.

I support a point made by one of my hon. Friends in relation to the reports of Israeli soldiers using a child as a human shield and the lenient sentences recently dealt to those soldiers. I say to Israel that we need to see a firmer stance being taken by the Israeli courts in such cases. Evidence documented by B’Tselem has shown that cases of human rights abuses such as those that we have heard about today are not isolated. Israel has a responsibility to end the culture of impunity. I argue strongly not only that that is right legally and morally, but that it is in Israel’s own best interests.

Of course, Palestinian human rights are violated not only by Israel. They are sometimes violated by the Palestinian Authority itself and by Hamas in Gaza. My hon. Friend the Member for Barrow and Furness (John Woodcock) referred to that in his intervention. Human Rights Watch said earlier this year:

“The reports of torture by Palestinian security services keep rolling in. President Abbas and Prime Minister Fayyad are well aware of the situation. They need to reverse this rampant impunity and make sure that those responsible are prosecuted.”

A recent example is the case of 42-year-old Ahmed Salhab from Hebron—not a child; an adult. Ahmed was detained by the Palestinian Authority in the west bank in September. Following his release in October, Human Rights Watch called for an investigation into his treatment when it learned that he had sustained serious spinal injuries and suffered mental distress during his detention.

The excellent Palestinian Independent Commission for Human Rights publishes regular monthly reports that demonstrate human rights abuses by the Palestinian Authority in the west bank and by Hamas in Gaza. It is vital that we are consistent, so we must condemn these abuses across the board. Today’s focus, however, is on the human rights of children in the west bank. There are clearly broader human rights issues for which we must press all parties in the region take responsibility—examples are freedom of religion, freedom of speech and the media, and gender and sexuality issues—and of course there are many other countries where children’s rights are violated.

The debate is timely: it is being held during human rights week, and 10 December is world human rights day. I hope that today’s debate can contribute to increased public awareness and increase pressure on all parties to abide by international conventions and uphold human rights. In conclusion, I shall echo something that my hon. Friend the Member for Birmingham, Northfield said: the UK has a special responsibility in this case. I look forward to the Minister’s response to this important debate. I strongly believe that a clear and consistent approach to human rights should always be at the centre of the UK’s foreign policy. I hope that the Minister will take every opportunity to press both Israel and the Palestinian Authority to uphold human rights in the west bank. I hope in particular, following what we have heard today, that he will raise the concerns that exist on both sides of the House about the treatment of Palestinian children in detention.