Palestinian Children and Israeli Military Detention Debate
Full Debate: Read Full DebateSarah Champion
Main Page: Sarah Champion (Labour - Rotherham)Department Debates - View all Sarah Champion's debates with the Foreign, Commonwealth & Development Office
(6 years, 6 months ago)
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The debate is highly over-subscribed, so I will impose a time limit when Sarah Champion sits down. If hon. Members intervene on her—she says she is willing to take interventions—they will go down the order of speakers, because it looks like, even with a time limit, there will not be sufficient time to call everybody who has requested to speak.
I beg to move,
That this House has considered military detention of Palestinian children by Israeli Authorities.
It is a genuine pleasure to serve under your chairmanship in this very important debate, Mr Stringer. I strongly welcome the fact that the Government addressed the issue of Palestinian child detainees during the third universal periodical review of Israel at the UN Human Rights Council two weeks ago. They recommended that Israel take
“action to protect child detainees, ensuring the mandatory use of audio-visual recording in interrogations with all child detainees, ending the use of painful restraints, and consistently fully informing detainees of their legal rights.”
That important statement signals a positive intent to engage constructively with this issue.
I called this debate in the same spirit: I want to support and encourage Israel to meet its international obligations regarding the rights of children. It meets them fully for Israeli citizens but, alas, does not do so for Palestinian children. To be clear, I am not making a judgment about the crimes Palestinian children are alleged to have committed or about Israel’s right to uphold the law. This debate is specifically focused on Palestinian children in military detention.
Two years ago, I secured a similar debate. I would love to tell the House that many of the issues discussed then have now been addressed, but sadly the situation remains largely the same. In March 2013, UNICEF published a report entitled “Children in Israeli Military Detention: Observations and Recommendations”, which concluded that
“the ill-treatment of children who come in contact with the military detention system appears to be widespread, systematic and institutionalized throughout the process, from the moment of arrest until the child’s prosecution and eventual conviction and sentencing.”
Is there any evidence that the Israeli Government have taken any notice of the British Government’s request?
There is some evidence. I will come on to the recommendation that the Government made when the UK sent over some lawyers a number of years ago. I am grateful that the Minister is engaged in dialogue at the moment, and I hope he will update us on the current situation.
Last year, the authoritative west bank non-governmental organisation Military Court Watch found that, four years after the publication of the UNICEF report, only one of its 88 recommendations—No. 21, on access by lawyers to medical records—had been substantially implemented.
Military Court Watch reported that 79% of children detained in 2017 signed a confession or a statement in Hebrew. Does my hon. Friend share my concern that the majority of those children would not have had a guardian or responsible adult with them, and that they probably would not have understood the language they were committing to?
I share my hon. Friend’s concern, and I will address that point. Arabic is an official language in the state of Israel, so why are the documents presented to children in Hebrew? I will let my hon. Friend draw conclusions.
Before the hon. Lady leaves Military Court Watch, will she give way?
What evidence is there that NGOs such as Military Court Watch and other Israeli NGOs that perform this valuable function have themselves been subject to a measure of harassment at an official level?
I am afraid I cannot answer that, because I do not know the data. I hope that any organisation that is trying to speak on the basis of facts does not suffer harassment, but as the right hon. Gentleman knows, too often, when we put our head above the parapet, it gets shot off multiple times.
A year before the UNICEF report, a group of senior UK lawyers published an independent study entitled “Children in Military Custody”. Published in 2012 and funded by the Government, it found that Israel was in breach of at least eight of its international legal obligations under the UN convention on the rights of the child and the fourth Geneva convention, due to its treatment of Palestinian children held in military detention.
I thank my hon. Friend for securing this very important debate. As she knows, Palestinian children as young as 12 are routinely taken from their homes in night-time raids, blindfolded, bound, shackled, interrogated without a lawyer or parent present and with no audio-visual recordings, put into solitary confinement and forced to sign confessions. These are children we are talking about. What part of that is not plainly and simply wrong?
It is hard to argue with my hon. Friend’s passionate intervention.
The UK report set out 40 recommendations on arrest, interrogation, bail hearings, plea bargaining, trials, sentencing, detention, complaints and monitoring. Military Court Watch stated last year that only one of the UK report’s recommendations—No. 33, on the separation of children from adults in detention—had been substantially implemented. The empirical evidence is clear: half a decade after the publication of the UNICEF and UK lawyers’ reports, which contained dozens of recommendations to bring Israel’s military system of detention of Palestinian children in line with basic international legal standards, there has been limited implementation by the authorities.
Perhaps the hon. Lady would like to take this opportunity to explain to the House why Israel uses military courts.
I can do, but that is quite a big topic. Because of the, in my opinion, illegal occupation, people have to go through a military system, rather than a civilian system. The unfortunate thing is that that is applied to the Palestinians, who rarely have parity with the Israelis.
Although I praise the Israeli Government for allowing the studies to go ahead, it is disappointing that that leading international democracy has largely not acted on the recommendations, which were made in good faith. I now turn to the specific areas I would like the Minister to focus on.
I was last in the west bank in November—I have declared that in the Register of Members’ Financial Interests—and I visited a family whose young son had been seized in the middle of the night and detained. He was in administrative detention. Does my hon. Friend agree that, in one respect, things have got worse since our last debate, because Israel has started using administrative detention—detention without charge for unlimited periods? That must be wrong on any basis.
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.
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?
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.
On legal representation, this geographical area has two separate sets of rules applied to it. Under the civilian code that applies for Israeli children, there is a requirement for a parent to be in attendance during interrogation, and an undertaking that interrogations not occur at night, but the same is not reflected in the military rules. Is it not a great shame that those rules could not be matched up?
I agree with my hon. Friend. There are many, many examples in which there is no parity. That is one of the things that I urge the Israeli Government to look at, because it is blatant discrimination and is not necessary.
Military Court Watch reports that, in the 80 testimonies it collected in 2017, 81% of the children reported not having access to a lawyer before interrogation. As a result, most children still consult a lawyer for the first time in a military court, after the critical interrogation phase is over. Given that context, the UK legal charity Lawyers for Palestinian Human Rights has implemented a Know Your Rights campaign in partnership with Defence for Children International-Palestine to empower and educate Palestinian children in the occupied west bank to secure their basic rights if detained in Israel’s military detention system.
The campaign started in 2014 and is ongoing, due to the Israeli authorities’ continuing non-implementation of basic human rights and due process safeguards. I therefore ask the Minister to engage with the Israeli authorities to ensure, as a bare minimum, that: first, all children are, at the time of arrest, informed in their own language of their right to silence, and relevant documents are provided to them in that language; secondly, all children are able to consult a lawyer of their choice before their interrogation and, preferably, also during interrogation; and, thirdly, in order to ensure compliance, a breach of those principles results in the discontinuance of the prosecution and the child’s immediate release. I further ask the Minister to urge the Israeli authorities, as my hon. Friend the Member for East Lothian (Martin Whitfield) suggested, to allow a parent or guardian to accompany the child during questioning—a right afforded to Israeli children when questioned by the Israeli police.
Audio-visual recording of interrogations is a practical safeguard. The UNICEF and UK reports recommended audio-visual recordings of all interrogations of children. Such recordings provide an essential further safeguard against potential ill-treatment or coercion; they also provide protection to interrogators against false allegations of wrongdoing. One would assume that that would be a win, win outcome. Perhaps in response to the recommendations, the military authorities issued military order 1745 in September 2014, requiring the audio-visual recording of all interrogations of minors in the west bank. However, the order limited that protection to non-security offences, thereby rendering it largely redundant, as most offences involving Palestinian children, including stone throwing and protesting, are classified as security offences. I ask the Minister to urge the Israeli authorities to remove the security offence exception from the military order providing for audio-visual recording of detainees and to ensure that all interrogations of children are audio-visually recorded and the tapes made available to the child’s lawyer before the first hearing.
I will now say something about the prevalence of confessional evidence in the military court system, and the process by which those confessions are obtained. It is extraordinary and disconcerting that Israel’s military court system has a conviction rate of 95%, according to its own figures. Confessional evidence is central to securing convictions in that system, whether direct confessions or confessions by others. Effective scrutiny of those confessions is virtually impossible, due to the lack of basic legal safeguards to which I have already referred. There is compelling evidence that the lack of legal protections for Palestinian children is destructive of their safety and welfare. An expert psychiatric opinion from Dr Carmon, commissioned by Physicians for Human Rights Israel, considered the emotional and developmental factors that lead children to make false confessions during interrogations. The implications of such confessions should be understood by all of us. Dr Carmon says:
“The violent arrest process and psychological interrogation methods mentioned…lead to the breaking of the ability of the child or adolescent to withstand the interrogation and flagrantly violate his or her rights. These interrogation methods, when applied to children and adolescents, are equivalent to torture.”
Let me finish the quotation first—it might answer the right hon. Gentleman’s question.
“These methods deeply undermine the dignity and personality of the child or adolescent, and inflict pain and severe mental suffering. Uncertainty and helplessness are situations that can too easily lead a child or adolescent to provide the requested confession out of impulsiveness, fear or submission. It is a decision that is far from free and rational choice...These detention and interrogation methods ultimately create a system that breaks down, exhausts and permeates the personality of the child or adolescent and robs him or her of hope. These methods are particularly harmful to children and adolescents who live in poor, isolated populations, in a state of conflict, political tension, and/or severe social stress, such as the occupied Palestinian population. The harmful effects on children can also harm the society to which they belong.
Every child has the right to be a child, to his or her dignity, and to protection from all forms of violence.”
A retired Israeli soldier told me that the explicit instructions for night operations were to carry them out in such a brutal manner as to achieve exactly the effect that the hon. Lady refers to.
I am very grateful to the hon. Gentleman of making that point. I too have spoken to retired Israeli soldiers and have, sadly, heard similar tales.
My hon. Friend is making a very powerful case. I have witnessed the military courts in process. At the end of November 2017, 313 Palestinian minors were being held, so given the scale of the problem, not addressing it is likely to have longer term consequences for getting a proper and peaceful solution to the Israel-Palestine issue. Does she agree that it would be helpful if the Minister gave an update on commitments the Israeli Government have made?
My hon. Friend will remember that a year ago she and I both served on a delegation with Members from both sides of the House. She is quoting some horrific statistics and powerful testimony, but does she not agree that the terror experienced in military court by the kids who threw stones is often more powerful than the statistics in isolation? Sometimes people cannot get a grip on them. This debate should not be about the wider geo-political situation, but the wellbeing of children.
I completely agree. That is what I want to focus on: we are talking about children. Regardless of the crime that they have or have not committed, they should still be treated with dignity and within the constraints of the law.
The arrest process and interrogation methods referred to by Dr Carmon were described in great detail in the UK and the UNICEF reports. It is deeply disturbing that two years after the release of the UNICEF report that concluded that ill treatment appears to be “widespread, systematic and institutionalised”, the UN agency issued an update that found
“reports of alleged ill-treatment of children during arrest, transfer, interrogation and detention have not significantly decreased in 2013 and 2014.”
I thank my hon. Friend for securing this debate. In the light of what she says, would it not be appropriate for our Government to demand an independent inquiry from the Israeli Government into what is going on? That would help everyone.
The reality is that we are not in a position to demand. The purpose of this debate is to reach out a hand of friendship and to offer the skills and expertise that we have in this country on this topic, to work in partnership with Israel.
Although UNICEF is yet to release any further updates, reports issued by the US State Department, Military Court Watch and others indicate that the situation today remains substantially unchanged. It is worth recalling that the UK report noted that if the process of arrest and interrogation is occurring to a significant extent as described, Israel would be in breach of the absolute prohibition on torture and other cruel, inhuman or degrading treatment or punishment.
As a bare minimum of protection, I urge the Minister to make representations to ensure that no child is subjected to physical or psychological violence, no child is blindfolded or painfully restrained, and no child is subject to coercive forces and threats. Any statement made as a result of torture or ill treatment must be excluded from evidence in proceedings. I ask the Minister to make inquiries to UNICEF about when the agency will release its next update, and to commend it on the important work it has done.
Two years ago, in a debate on the same subject, I referred to Israel’s policy of transferring Palestinian detainees—adults and children—from the west bank to prisons located in Israel, in violation of article 76 of the fourth Geneva convention. International law classes this activity as a war crime. In UK domestic law, the Geneva Conventions Act 1957 and the International Criminal Court Act 2001 class this activity as a war crime. The latest data released by the Israeli prison service indicates that in 2017, 83% of adult detainees and 61% of child detainees were transferred and detained unlawfully. This practice affects approximately 7,000 individuals each year and it has continued for 50 years. Strikingly, however, Israeli military authorities informed UNICEF in late 2014 that they have no intention of changing this policy.
That rejection undermines the credibility of the international legal order, and therefore harms the security of us all. I have been to Ofer military court and spoken to parents. Because of the restrictions on movement and the requirement of permits to visit their children in Israel, some parents never get to see their children in prison. The unlawful transfer and detention of children in Israel is not just a legal issue but one of basic humanity. Has the Minister or anyone in his Department had any conversations that would shed light on Israel’s decision to explicitly reject the specific UNICEF recommendation? What further steps does he intend to take to encourage Israel to meet its international legal obligations on the transfer of prisoners out of occupied territory? Can the Minister ascertain how many UK citizens are currently involved, directly or indirectly, with the unlawful transfer and detention of Palestinian prisoners outside the occupied territory? What measures will he take in respect of those individuals in accordance with the law?
By now I am sure everyone is aware of the case of Ahed Tamimi, a now 17-year-old girl from the west bank village of Nabi Saleh. In December, she was arrested in the middle of the night after being filmed confronting and slapping Israeli soldiers in her village following the shooting of her 14-year-old cousin. Like all Palestinian female prisoners, Ahed has been transferred to a prison in Israel. The case is polarising: on the one hand, there are those calling for her immediate release; on the other, Israel’s minister for education calls for the military courts to impose a life sentence.
It is important that we all recall that Ahed is just one of more than 800 children arrested each year, according to the most recent data released by the military authorities. Most of these children are arrested in the middle of the night, frequently brutalised and systematically denied their legal rights. We need these children and their parents to have faith and confidence in a political solution and in due regard for the law. History has taught us that if politics and the law fail to meet the needs of the people, people turn to other solutions. The treatment of Palestinian children during arrest and detention is an issue that has been allowed to fester for too long and needs resolving. It concerns us all, because when Israel—our friend and a democratic state—breaks international law and obligations, it makes it that much harder to enforce them in respect of other countries around the world. Israel’s decisions have a global impact.
Two years have elapsed since the Minister’s predecessor explained to me and other MPs in this Chamber that the Government would fund the UK lawyers’ return to Israel to review progress on the implementation of their report recommendations. Allowing the UK lawyers to enter into constructive technical dialogue with their Israeli counterparts, where they can share the UK’s good practice, should expedite the implementation of the practical reforms that are urgently required to protect Palestinian children.
My hon. Friend is making a very powerful speech about a lot of very complex issues. Before she sits down, will she tell us what role she envisages for non-governmental organisations and human rights organisations in some of the discussions that she thinks the Government could have with the Israeli authorities? She has talked a lot about the research they have done, but does she see a role for our human rights organisations in practical matters such as prison visits?
My hon. Friend makes a fantastic point. I have worked, as I am sure have many people in the House, with both Israeli and Palestinian organisations and international ones. They are trying to stabilise the situation and to help people come up with a practical solution that meets the needs of children and the broader needs in both countries.
I have asked many specific questions of the Minister. I know that a lot of people want to speak, so I understand that he may not be able to answer all my concerns here and now, but I would be most grateful if he wrote to me with his thoughts about those things.
It is a great pleasure to serve under your chairmanship, Mr Stringer. I refer Members to my entry in the Register of Members’ Financial Interests.
Let be start by giving some background. In 2011, in the face of riots, more than 3,000 arrests were made and more than 1,000 people were issued with criminal charges. Around half were under 21, and 26% were juveniles aged between 10 and 17. Some 21% were arrested for bottle or stone throwing. One hundred and fifty-eight male youths aged 16 or under were given custodial sentences. That is not a description of Israel; it is a description of the UK following the 2011 riots. Why has there been no Westminster Hall debate on the treatment of minors by the Palestinian authorities, the allegations of rape in Egyptian custody or the death sentences imposed on minors in Saudi Arabia?
No, I will not.
The singling out of Israel ignores the fact that Israel faces extensive acts of terror on its territory. It ignores the fact that Israel has established military juvenile courts, shortened the period of initial remand, stressed the rights of minors, raised the age of minority to 18, enacted a statute of limitations for the prosecution of minors, given parents legal standing and strengthened legal representation for minors. It also ignores the co-operation of Israel in the light of the 2012 Foreign and Commonwealth Office-funded report. The British embassy in Israel said:
“We welcome Israel’s focus on the particular needs of this more vulnerable category of detainees”.
As far as I am aware, the pilot programme in the west bank to issue summons, easing the need to arrest at night, to which the hon. Member for Rotherham (Sarah Champion) referred, continues. If Israel were to use civil courts instead of a military one, it would be accused of simply annexing the west bank.
Nevertheless, we must recognise that 30% of attackers against Israel—fuelled by intimidation that denies Israel the right to exist and glorifies terrorists and Nazi sympathisers—have been Palestinian minors under the age of 18. The majority were between 16 and 18. The youngest was an 11-year-old, who said after being arrested for stabbing an Israeli that he wanted to die a martyr.
Just over 300 minors are in custody after 400 violent, ideological terror attacks. That is not to be deprecated. The effect on wider civil disorder can be seen from the attack in Jerusalem on a 70-year-old Palestinian man who was mistaken for an Israeli. The use of minors in this way, driven by hate and incitement, is nothing more than the abuse of children.
I will not.
We see that policy in the naming of schools and sports tournaments after terrorists; in the newly revised curriculum, which asks students, as a maths exercise, to calculate the number of martyrs in Palestinian uprisings; and in the countless examples of anti-Semitism that litter children’s TV programmes on official Palestinian Authority TV.
I will not, at this point.
We must register our deep and continuing concern at the Palestinian leadership’s attempt to recruit children into committing acts of violence. In December Fatah posted a photograph to its Twitter account of a young boy hurling rocks with a slingshot, together with a guide to how best to throw a rock. Let us remember that Yehuda Haim Shoham, one year-old Jonathan Palmer and three-year-old Adele Biton were all killed as a result of stones being thrown at cars they were travelling in.
Finally, it is important that we show our deep and continuing concern at the recruitment of children into Palestinian armed groups such as Hamas and Islamic Jihad. As Child Soldiers International has stated:
“Children received military training and are used as messengers and couriers, and in some cases as fighters and suicide bombers.”
If we do not acknowledge and address those very serious issues, we run the risk of this debate being seen less as a matter of the welfare of Palestinian children and more as simply another opportunity to attack Israel.
No, thank you.
Ahed was 16 when she was arrested—[Interruption.] It is quite sad that some hon. Members find this amusing. I certainly do not. She was 16 when she was arrested in December. As far as I am aware, it is official Labour party policy to extend the vote to everyone over 16. Do Opposition Members believe that 16-year-olds should be held accountable for their actions or not? Whether it is stone-throwing, incitement to hatred or martyrdom operations—those are terrorist acts.
I will not give way.
Those are terrorist acts. There is a judiciary in Israel, and it is better for politicians in this country, and indeed in Israel, not to involve themselves in the judicial process. As has already been stated, there have been occasions when cases were thrown out because the evidence was not there. We must leave Israel to decide its own future, live in peace and security, and have its own laws of the land. We do not need hon. Members who are taking part in this debate to tell Israel how to live its life.