Detention of Palestinian Children (West Bank)

Grahame Morris Excerpts

Tuesday 7th December 2010 Westminster Hall

[Grahame M. Morris (Easington) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Howarth, for the first time. I compliment my hon. Friend the Member for Ayr, Carrick and Cumnock (Sandra Osborne) on securing this important debate. As has already been indicated, I was one of four Members of Parliament from the all-party group on Palestine who visited the west bank only last week. I do not have any long-standing commitment to the Palestinian cause as such, but as a new MP, I felt that it behoved me to look at the situation with my own eyes, to make my own objective judgment on what I saw, and to share my evidence with the House.

Last Monday, I was in an Israeli military court in Ofer with my colleagues and the non-governmental organisation Defence for Children International, which was mentioned earlier. I received a briefing from the NGO’s solicitors but also had an opportunity, through an interpreter, to chat with some of the families of the children detainees. I would like to use this opportunity to record my thanks and those of the whole delegation for the excellent work that NGOs such as Defence for Children International perform. They do valuable work documenting what is actually happening, bearing witness and providing information that we in turn can bring to the attention of the Minister in the hope that some of the issues can be addressed.

The situation facing Palestinian child detainees—“Palestinian” is an important distinction to make—is serious in its own right, but as colleagues have said, it is also symptomatic of some of the other, interrelated issues in play in the occupied territories. The illegal settlements on the west bank and in East Jerusalem have already been mentioned; in many respects, they are becoming a kind of de facto annexation. Also mentioned were the seizure of water resources and Palestinian lands, which we also visited. We spoke with Palestinians, NGOs and various other organisations, including the United Nations.

The military court system plays an important part in those wider issues, and I want to concentrate my remarks on it and how it is applied to Palestinian children in detention. It is important to repeat something that has already been said: Israel’s actions represent serious breaches of the fourth Geneva convention, the UN convention against torture and the UN convention on the rights of the child.

Frankly, the experience last week of seeing the treatment of Palestinian child detainees was shocking. I am the father of a 13-year-old child, and the image of children of 12 and 13 in prison fatigues with leg irons and manacles being marched into court was appalling. I found it difficult to come to terms with it. Although that was the first time I had witnessed such violations, they are not recent. They have been happening consistently over the past 43 years of the military occupation.

Israel signed up to the UN convention on the rights of the child in 1991. Does the Minister agree with UNICEF, which only last month stated that Israel was in tangible breach of that convention? Will he not only ask but insist that Israel applies the convention to its conduct, not only in its own territories but in the occupied territories?

It seems that arrest and detention are used by the Israeli authorities as their default position. My hon. Friend referred to article 37(b) of the UN convention on the rights of the child, which states that the arrest, detention or imprisonment of children should be the last resort. However, for Palestinians, imprisonment without due process seems to be the measure of first resort. Under the convention, authorities should refrain from detaining juveniles who are undergoing trial, but Israel detains them in 87.5% of cases. Children are frequently taken into detention inside Israel, as, of course, are adults, but I want to concentrate on child detainees.

Israel has a clear obligation, and there is a clear violation of article 76 of the fourth Geneva convention. The hon. Member for Aberconwy (Guto Bebb) asked whether there should be some dispensation because Israel is in dispute about whether occupied territories or some annexation is involved. This is occurring in occupied territory, and Israel has a clear obligation in international law under article 76. By removing adults and, indeed, children from the occupied territories to detention centres and prisons in Israel, it is in clear breach of its obligations, just as it is in breach by moving settlers into the occupied territories.

I would like to share some of the conversations that I had with the families. The standard operating procedure is as follows. Palestinian children are often arrested at checkpoints. They are not arrested in situ for throwing stones at the army—the arrests happen afterwards. Children may be taken off the street or, most commonly, from the family home. During house arrests, large numbers of Israeli soldiers typically surround the family home, often in the early hours of the morning, between 2 am and 4 am, and, once a child has been identified for arrest, he or she is often roughed up—slapped or kicked—then blindfolded, and their hands are tied behind their back with a plastic tie. The child would then be placed in the back of a military vehicle, often on the floor, and, again, they would suffer further physical and psychological abuse on the way to interrogation and detention centres.

On arrest, children and their families are seldom informed of the charges against them. Often, the evidence is confessions from other children, who have been asked to identify their friends who have been involved in stone-throwing. The evidence used is questionable. Families are not informed of where their children are taken; most often they are taken out of the west bank to detention centres or prisons in Israel. On arrival at the detention or interrogation centre, the child is either placed in a cell or taken straight for interrogation. I am told that common interrogation practices include slapping, kicking—

[Guto Bebb]

The hon. Gentleman specifically said “I am told”. Is this hearsay or actual evidence?

[Grahame M. Morris]

I am relating the evidence that was relayed to me. I did not see this with my own eyes. I had conversations with families of detainees and a reputable source, in so far as the NGOs that I spoke about—international lawyers—have documented these cases, and there is a common strand, in terms of the modus operandi and methods that are employed in both the arrest and interrogation of the children.

[Guto Bebb]

rose—

[Grahame M. Morris]

I will give way one more time.

[Guto Bebb]

I am extremely grateful. The hon. Gentleman mentioned the MO—in other words, a pattern of behaviour. There has been a pattern of behaviour during this debate, because numerous references have been made to stone-throwing, but there has been no recognition of the fact that, for example, 217 Palestinian children were arrested between 2000 and 2009 for involvement in suicide bombings. Several references have also been made to torture; the International Committee of the Red Cross has never censured Israel for any torturous behaviour in its prisons.

[Grahame M. Morris]

I will come on to that in a moment, but I want to press on with what happens to the children before doing so. I am not mounting a defence of what they have done, but explaining what happens. I am certainly not defending violence or criminal acts. I am simply explaining, as the father of a teenage child, what happens, which is unacceptable and in clear breach of international obligations.

On arrival at the detention or interrogation centre, the child is either placed in a cell or taken straight for interrogation. Common interrogation practices include slapping and kicking, verbal abuse of and shouting at children, who are often threatened into confessing. Threats are made against the child’s family, including the threat of having their homes demolished or having travel documents withdrawn, which means that the family will no longer be able to work. In most cases the children confess to the allegations put to them within the first couple of hours. It is not uncommon for children to be given a confession written in Hebrew, on which their signatures are put. Hon. Members should remember that, often, these children do not understand Hebrew. Another disturbing aspect of these detentions and arrests is that the children are not visited by their families; they are not allowed visits. As has been mentioned, all bar one of the centres where the Palestinian children from the west bank are taken are inside Israel.

Israel, by wilfully depriving a protected person of their right to a fair and regular trial, is in grave breach of the fourth Geneva convention. I should like to draw the Minister’s attention to the legal duty, which my hon. Friend the Member for Birmingham, Northfield (Richard Burden) mentioned, on all 194 high contracting parties to that convention, including the United Kingdom, to provide effective penal sanction for persons committing or ordering the commissioning of such grave breaches, and to search for and prosecute those responsible. Minister, children as young as 12 are regularly denied access to a lawyer and visits from their families.

In 2008, bail was denied in 91% of all cases involving Palestinian children. I saw evidence of that with my own eyes at first hand, having seen children who had been detained for three months without access to, or contact with, their parents or families.

The hon. Member for Aberconwy asked why there were no documented cases of complaints of torture. I asked the same question. Between 2001 and 2008, over 600 complaints were filed against Israeli Security Agency interrogators for alleged ill-treatment and torture. To date, there has not been a single criminal investigation—not one. There cannot be any prosecutions, because the Israeli authorities do not investigate complaints.

Palestinian children, including girls, have been held under administrative detention, which is detention without charge or trial, granted by administrative order rather than by judicial decree. There is also a broader denial of freedom. To put all the issues relating to detention in the context of the broader picture, Palestinian children have been denied freedom, live under military occupation and face inordinate obstacles. For example, they have to negotiate checkpoints just to get to school, to visit medical facilities and even to get to their homes.

A whole generation of Palestinian children are being denied their childhood, and not just on the west bank. I read an article in The Guardian recently about the Prime Minister having highlighted issues in Gaza, which he described as a “prison camp”. When will the Foreign Secretary call the Israel ambassador in and say that these persistent and systemic violations of international law are unacceptable and will have consequences for our relations? The Israeli Government have demanded that we change perfectly proper British legislation about the prosecution of war criminals, yet they continue to commit war crimes.

The Israelis pretend that they are adhering to their obligations under international conventions, and we in the west pretend that we believe they are adhering to these conventions. Now it is time for action to bring about justice and to relieve the suffering of Palestinian children and the Palestinian people in both Gaza and the west bank.