Detention of Palestinian Children (West Bank)

Ian Lavery Excerpts

Tuesday 7th December 2010 Westminster Hall

[Ian Lavery (Wansbeck) (Lab)]

I congratulate my hon. Friend the Member for Ayr, Carrick and Cumnock (Sandra Osborne) on securing such an important debate. I am amazed that Members of Parliament are seeking to justify Israel’s being allowed to contravene international law. I am disappointed, to say the least, that certain people believe that children can be tret in this way, because, regardless of colour or creed, children are children and we should be looking to protect them under international law.

Article 37(b) of the UN convention on the rights of the child, which has been mentioned by Opposition Members, states clearly:

“The arrest, detention or imprisonment of a child…shall be used only as a measure of last resort and for the shortest appropriate period of time”.

That is not the case in Palestine or Israel. Children are taken to court, or to detention centres up and down the west bank and detained for long periods. Around 700 children are prosecuted a year, and 9,000 adult Palestinians have been prosecuted in military courts. Since 2000, around 6,500 Palestinian children have been detained. What I saw at in the military courts beggared belief. Like my hon. Friend the Member for Easington (Grahame M. Morris), I am a parent, and I have children. The way children were tret in the military courts was absolutely savage, and cannot be justified. Kids as young as 12, and up to 16 were frightened out of their wits. They had not seen their parents since they were detained. They were snatched at the dead of night, bound, put in the back of an Israeli army truck, kicked and beaten, and taken to a detention centre with no parents, no lawyers and no one at all to protect them.

Most of the children—62%—were detained on stone-throwing charges, but even if every one of them were 100% guilty, no member of the public, let alone a Member of Parliament, should try to justify the treatment that they received.

[Guto Bebb]

Labour Members seem to treat Israel as a special case. In effect, they are saying that even if the children in question are guilty—the hon. Gentleman’s figures show that 38% were charged with issues unrelated to stone-throwing—Israel has no right to self-defence. If young people from the Palestinian territories are being used by terrorist organisations to attack the state of Israel, should the hon. Gentleman not condemn that, and be as keen to do so as he is to condemn the state of Israel?

[Ian Lavery]

I thank the hon. Gentleman for his intervention. The simple answer is that even if children are 100% guilty, there is no justification whatever for treating them in the way they are being tret. I have seen that with my own eyes, but I will move on.

The people we are talking about are subject to all sorts of abuse, including sleep deprivation, beatings, slappings, denial of food and water, position abuse, exposure to extreme heat and cold, and denial of access to toilets and washing facilities. Some 81% of those children—81% of the Palestinian children detained—confessed during interrogation, and 32% of those confessions were, as my hon. Friends said, written in Hebrew, so how are they supposed to understand anything? It is a disgrace, and a deliberate attempt to intimidate Palestinian children in any way, shape or form.

How can that be in the best interests of children? If a child pleads guilty, they may be penalised for around three and a half months, and 81%—the vast majority—do plead guilty. They do so because if they plead not guilty it will probably be one or two months before their case is even heard in court, and the full duration of the process may take up to a year. It is common sense that if the penalty is three and a half months for pleading guilty as opposed to in excess of a year for pleading not guilty, they will plead guilty. Again, that is intimidation of the highest order. The problem following prosecution is that the children, and members of their families, have a security record, so they cannot enter Israel or parts of Jerusalem.

I shall touch briefly on some cases of mistreatment of children. The details come from the Defence for Children International. Palestinian children have been used as human shields and their lives have been put at risk. In August, a 13-year-old was reportedly used as a human shield near Nablus. In October, the Israeli military authorities opened an investigation into the use of a 16-year-old girl as a shield. In November, two Israeli soldiers who used a nine-year-old Palestinian boy as a human shield received suspended sentences and were demoted after being convicted of “inappropriate conduct”. The unnamed soldiers ordered Majeh Rabah from the Tel Al-Hawa neighbourhood in Gaza city to check bags for explosives in January 2009 towards the end of the Israeli three-week offensive.

Will the Minister confirm that no one, let alone a nine-year-old child, should be used as a human shield? Does he agree that that is a disgrace, and a clear violation of international law? Has he made the strongest representations about the failure to hold those soldiers to account? We heard of disturbing new cases of tasers being used on children during interrogation. Will the Minister look into that as a matter of urgency?

Young people were threatened with electric shocks, and the threat alone convinced many of them to plead guilty to charges. But electric shocks are not just threatened; they are used in interrogation. We must remember that those children are on their own, have not seen their parents, and are not legally represented, yet they are blindfolded, with shackled arms and feet, and threatened with electric shocks. We heard reports from DCI that some children have had electrodes attached to their genitals with the threat of electric shocks. That is absolutely horrendous, and enough to break any reasonable person’s heart.

We heard of a child being held in solitary confinement for 65 days at Al Jalameh. In east Jerusalem there have been an increased number of cases of abuse of children following clashes near the illegal Israeli settlements at Silwan, which we visited only a few days ago. Some 380 settlers had moved into 18 homes in that overcrowded Palestinian district of 13,500 people, leading to the demolition of Palestinian homes. In 2010, more than 1,200 criminal cases had been opened against children from occupied east Jerusalem alleging involvement in stone-throwing incidents. The youngest boy to be mistreated was only seven years old.

[Mr Roger Gale in the Chair]

There are many other problems in Jerusalem. A case lasting two years involved an innocent child. In another case, eight Palestinian teenagers were held for two years on testimony from soldiers that was subsequently overturned. There have been serious breaches of the fourth Geneva convention, and of the UN convention against torture and other cruel, inhuman or degrading treatment or punishment, and the UN convention on the rights of the child, article 3 of which clearly states:

“In all actions concerning children…the best interests of the child shall be a primary consideration.”

That article is blatantly and openly violated. Those are not recent violations; they have happened consistently over 43 years of military occupation.

At some stage, we as politicians and members of the public must ask what we can do to ensure that Israel stops breaching and violating those articles, international laws and conventions. Over the past few days, UK representatives at the United Nations have agreed at committee level that such violations have taken place. Who are those representatives? What is their mandate? What are we doing about it? Is it for the UK Government to tell representatives on UN committees that action must be taken? We cannot continue to ignore such violations and the systematic abuse of children.

This is a cross-party matter; I am not here spoiling for a fight with the Government, and I hope that we can broadly agree that this matter is about children being abused at an international level. We have a duty as parents, fathers and decent people to protect children no matter what the circumstances, and regardless of their colour or creed, whether they are black or white, rich or poor, or which country they come from. I hope that the Minister will agree and explain to the House what we can do together in the simple name of moral humanity.