Only one of 40 recommendations from UK lawyers carried out and only one of 88 recommendations from UNICEF, says Rotherham MP
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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.”
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.
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.
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.
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.
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.
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.”
“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.”
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.”
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.