Palestinian Children and Israeli Military Detention

Gill Furniss Excerpts

Wednesday 7th February 2018 Westminster Hall

[Sarah Champion]

Yes. That technique is not used often, but it is used. It allows the child to be held in detention without any charges being brought against them, and without their having the right to respond to the charges.

The prevalent practice of night-time raids by Israeli military personnel causes a huge amount of distress to children and their families. Inevitably, night raids on civilian population areas by any military tend to terrify those communities. After 50 years of use, they can become hugely debilitating. Although conducting night arrest operations reduces the potential for clashes with local residents, the practice cannot be said to be in the best interests of the child—a primary consideration under the UN convention on the rights of the child.

The UK report recommended:

“Arrests of children should not be carried out at night save for in extreme and unusual circumstances. A pilot study of issuing summonses as an alternative means of arrest should be carried out.”

UNICEF made similar recommendations. Following those recommendations, it was most welcome that Israel announced the introduction of a pilot scheme in February 2014, whereby summonses would be issued requiring attendance at police stations for questioning, in lieu of arresting a child at night. That was to be similar to the practice for Israeli children. Military Court Watch reports, however, that the use of summonses in lieu of night arrest has been very low. It found that 6% of the children affected in 2017 reported being served with a summons as an alternative to a night arrest; in 2016 the figure was just 2%.

Even in cases in which summonses are used, Military Court Watch identified a number of issues: in most cases, the summonses were delivered by the military after midnight; relevant parts of the summonses were frequently handwritten in Hebrew without Arabic translation; relevant information, such as the nature of the accusation, was missing; and no reference to the child’s legal rights was included in any of the summonses. Military Court Watch further reports that, in the 80 cases it documented in 2017, 65% of children still reported being arrested at night, in what are frequently described as terrifying raids undertaken by the military.

There is some good news, but overall, since the summons scheme has been in operation, it has been apparent that, first, it is infrequently utilised and, secondly, arrests in terrifying night raids continue to be the norm. Furthermore, the indications—yet to be confirmed—are that the pilot scheme may now have been discontinued altogether. Will the Minister therefore please request from his Israeli counterparts confirmation as to whether the pilot scheme is still operational? Will he also request data on the use of summonses since the pilot scheme was announced in 2014, and will he urge that children should not be arrested at night except in extreme and unusual circumstances?

Next I would like to speak about the right to silence. As we all know, the right to silence is an ancient and fundamental legal right, granting protection against self-incrimination. Significantly, that right is also enshrined in Israeli military law. When implemented properly, it provides vulnerable children with some protection against undue pressure during interrogations, which may lead to false confessions. Military Court Watch notes that 84% of children continue to report not being informed of their right to silence. It further notes that in the 16% of cases in which

“children were informed of this right, the manner and circumstances in which the information was conveyed raises serious questions as to whether the notification is sufficient.”

Another fundamental legal right is timely access to legal representation. International legal standards provide that interrogations should take place in the presence of a lawyer to protect against self-incrimination and to provide safeguards against potential ill-treatment or coercion. Israel’s highest court has confirmed the fundamental nature of the right to consult with a lawyer during the interrogation stage of an investigation.

In the 2015 update to its report, UNICEF noted that Israel’s military prosecutor highlighted that Israeli military order 1651, issued in 2009, provides a detainee with the right to meet and consult with a lawyer. Although military law is silent on when such a consultation should take place, it is accepted that it must occur before questioning, subject to limited security exceptions. As in many situations, however, there is a large gap between the law and what happens in practice.

[Gill Furniss (Sheffield, Brightside and Hillsborough) (Lab)]

Does my hon. Friend condemn the dangerous and short-sighted rhetoric of the President of the United States at the recent Davos conference, when he threatened to cut off Palestinian aid? Does she agree that, should that happen, the UK must ramp up its financial aid to Palestine so that Palestinians, especially children, do not pay for Trump’s fanatical world view?

[Sarah Champion]

I agree with my hon. Friend. As with the debate today, I think we forget that we put such statements on the public record, and they can have a direct and immediate effect. We hope that today’s speeches have a positive one, but in the case of Donald Trump, I can only say that he has had a very negative impact on the relations between the two countries.