Child Prisoners and Detainees: Occupied Palestinian Territories

Christopher Chope Excerpts

Wednesday 6th January 2016 Westminster Hall

[Sarah Champion]

That is the nub of this debate and I appreciate the fact that my hon. Friend brought it forward. If there are no more interventions, I will make some headway.

UNICEF’s findings are corroborated by evidence collected by Military Court Watch, an organisation made up predominantly of lawyers working in the region, indicating that ill-treatment within the system still seems to be “widespread, systematic and institutionalized” as of last month. In spite of UK and UN intervention, the most recent evidence indicates that the majority of children continue to be arrested in terrifying night-time military raids. In the few cases when summonses are used, most are delivered by the military after midnight and much of the information is written in Hebrew.

Some 93% of children continue to be restrained with plastic ties, many painfully so, and the standard operating procedures are frequently ignored. Around 80% of children continue to be blindfolded or hooded, a practice that the UK and UNICEF reports said should be absolutely prohibited. Audiovisual recording of interrogations has been mandated only in non-security-related offences, which means that nearly 90% of cases involving children, including those accused of attending a demonstration, continue to take place without this practical safeguard.

Perhaps most disturbing is the fact that the reports of physical abuse—consisting mainly of punching, kicking, position abuse and slapping, but in some cases also including more serious allegations, such as of being mauled by dogs and receiving electric shocks—are now higher in number than they were in 2013.

As for the scale of the problem, Military Court Watch estimates that since June 1967 about 95,000 Palestinian children have been detained by the Israeli military. Of those, 59,000 are likely to have been physically abused in one way or another. That abuse is truly disturbing and is on an industrial scale. Why is it that after so much effort, so little progress has been made? Is there something inherent in the situation in Palestine that prevents genuine change? When I visited Israel and Palestine in September 2015 as part of a cross-party Council for Arab-British Understanding and Medical Aid for Palestinians delegation, it became apparent why little has changed during the three intervening years.

To understand the situation, one must think like an Israeli defence force soldier. Essentially, the Israeli military have but one mission in Palestine—to guarantee the protection of nearly 600,000 Israeli civilians living in illegal settlements in East Jerusalem and the west bank—an unenviable task for any military to be given. To achieve their mission, the military must engage in a strategy of mass intimidation and collective punishment of the Palestinian population, or risk the eviction of the settlers. That inevitably leads to fear, resentment and friction. [Interruption.]

[Mr Christopher Chope (in the Chair)]

Order. Somebody at the back of the room is taking photographs. That is not allowed.

[Sarah Champion]

Thank you, Mr Chope.

As I was saying, that inevitably leads to fear, resentment and friction, often resulting in the military detention of Palestinian civilians, including children, or, to put it another way, how else could 600,000 Israeli civilians safely go about their daily lives while residing in illegal settlements in occupied territory for nearly 50 years? It is no coincidence that the one thing that all detained children have in common is that they live at a friction point located within a few kilometres of an Israeli settlement or a road used by Israeli settlers. At those friction points, the military make their presence felt through night raids, violent incursions, suppression of demonstrations, arrests and roadblocks—a fact repeatedly confirmed by former Israeli soldiers in their testimonies to the group Breaking the Silence.

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[Several hon. Members]

rose—

[Mr Christopher Chope (in the Chair)]

Order. As hon. Members can see, there are many more people standing than there will be time to accommodate, because we are going to start the wind-ups at 10.30 am. I therefore ask those who are fortunate enough to catch the Chair’s eye to exercise self-restraint, and I hope that an example will be set by Mr John Howell.

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[Naz Shah]

rose—

[Mr Christopher Chope (in the Chair)]

Order. I thought that the hon. Member for Bradford West (Naz Shah) had finished her speech, but—

[Naz Shah]

Can I just respond to that question, Chair?

[Mr Christopher Chope (in the Chair)]

I will allow the hon. Lady to respond, and then we will go on to the next speech.

[Naz Shah]

I will respond very briefly. The fact is that the disproportionality of someone throwing a stone or a rock and being detained for it is not acceptable. That is the reality of what is happening with children.

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[Simon Danczuk]

Absolutely. The hon. Gentleman makes an important point.

I am conscious of time, so I will turn quickly to the issue of parents and guardians not being able to accompany their children when they have to appear before court. Many such issues come up time and again, including how children cannot or do not have legal representation while they are detained. Military Court Watch reports that 73% of children detained said that they were simply not aware of their right to remain silent. What is also damning is that in 30% of cases, the prosecuted child was made to sign their plea in Hebrew.

To conclude—

[Mr Christopher Chope (in the Chair)]

Order. I am afraid we have already reached 10.30 am. We have to start the wind-up speeches; otherwise everyone will be squeezed out and it may not be possible for the proposer of the motion to respond, which is always desirable in a debate such as this.

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[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.]

[Mr Christopher Chope (in the Chair)]

Order. Up until now we have had mutual respect, and I think that should continue.

[Diana Johnson]

I think that every Member of this House would agree that the involvement of children in conflict is absolutely wrong. Before I go on to deal with some of the specific issues around the Israeli response to Palestinian child prisoners, I want to refer to the 2005 assertion from Amnesty International:

“Palestinian armed groups have repeatedly shown total disregard for the most fundamental human rights, notably the right to life, by deliberately targeting Israeli civilians and by using Palestinian children in armed attacks. Children are susceptible to recruitment by manipulation or may be driven to join armed groups for a variety of reasons, including a desire to avenge relatives or friends killed by the Israeli army.”

Moving on to the issue before us today—the treatment of child prisoners—in 2012 the Government convened a group of eminent lawyers with expertise in human rights and child welfare to investigate what was going on. I commend the Government for doing that and I commend all the lawyers involved, including my right hon. and learned Friend the Baroness Scotland. The report concluded that Israel’s treatment of Palestinian child prisoners amounted to a series of breaches of the rights of the child, including article 2 on discrimination and article 3 on the child’s best interests. More concerning still, the lawyers encountered significant evidence that Israel may be in breach of the general prohibition on cruel, inhuman or degrading treatment.

The following year, in March 2013, UNICEF released a report, “Children in Israeli Military Detention”, which prompted the UN Committee on the Rights of the Child to express,

“its deepest concern about the reported practice of torture and ill-treatment of Palestinian children arrested, prosecuted and detained by the military and the police, and about the State party’s failure to end these practices in spite of repeated concerns expressed by treaty bodies, special procedures mandate holders and United Nations agencies”.

UNICEF made 38 recommendations to improve the treatment of child detainees. Many of these overlapped with the 40 recommendations from the UK legal delegation, which covered the five clear areas of arrest, interrogation, bail hearings, sentencing and the investigation of complaints. Those were all important recommendations. In response, there have been a few welcome military orders issued by the IDF, including military order 1711, which reduces the time a Palestinian child can be detained prior to appearing before a military court judge, and military order 1745, which requires interrogations to be conducted in a language the child can understand, and to be recorded. However, this order does not apply if a child is suspected of committing a security offence such as throwing stones, and that is of concern.

A 2014 UNICEF working group on grave violations against children gathered 208 statements from detained children and found that, among other things, 171 reported being subject to physical violence and 144 reported being subject to verbal abuse. Of the 38 recommendations made by UNICEF in March 2013, only five were deemed to have been addressed by March 2015, although 15 were partially addressed and 14 were under discussion. It is important to note that Israel has rejected only one recommendation outright. The British Government need to do much more to hold the Israeli Government to account in terms of what they are doing to meet the recommendations that have been made.

In a recent answer to my hon. Friend the Member for Hammersmith (Andy Slaughter), it looked as though there was little tangible progress in implementing the recommendations that have been set out. Nor can I say there is much evidence that the Government are prioritising the issue. Although I welcome the efforts of our ambassador in Tel Aviv to raise the issue, I think Ministers can do far more. In conclusion—