Israel/OPT
23.07.01
Urgent Interventions
Israel: torture and excessive sentence imposed on a child
Case ISR 230701.CC
CHILD CONCERN
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Israel.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source that Sanaa’Amer, a 14 year old Palestinian girl, has been subjected to torture and other forms of ill-treatment during detention and has been excessively sentenced by a military court.
According to the information received, Sanaa’Amer, was arrested on 20 February 2001 at noon in Hebron. She was in the street standing away from her sister, when her sister went towards a settler and was suddenly arrested by soldiers. As she was talking to a journalist about what happened, a soldier came, took her to a military jeep and hit her on the right cheek to such an extent that her ear hurt for one week.
According to the same information, Saana’ was taken afterwards to an interrogation room where two men dressed in civilian clothes accused her of planning with her sister to stab a settler. One of the men hit her hard enough to cause a bruise on her arm. The bruise was witnessed by a lawyer of Defence for Children International, Palestine section.
The same source reported that since 11 March 2001, Sanaa’ has been detained in Ramle Prison along with 9 other female Palestinian political detainees, among whom there are seven adults. In early May, following an altercation between political and criminal prisoners in the prison, Sanaa’ was placed in a room by herself. For two days, her arms and legs were tied to her bed from 10 pm until 6 am. At 6 am her restraints were removed and she was left in the room without any personal belongings. On the third day, she was placed alone in her room and left for 12 days without human contact and with nothing to occupy her time.
At the end of June, during a hunger strike undertaken by the political detainees, more than 20 policemen attacked them with tear gas and sticks. The prisoners were reportedly taken to isolation cells and beaten. Their belongings were also removed from their rooms. During these events, Sanaa’ was allegedly beaten with sticks on her arms and legs. Her arms were tied behind her back and she was kicked by the police in the stomach, inducing her to cough up blood. As of 12 July 2001 Sanaa’ had received no medical treatment and feels pain whenever she eats or drinks.
Sanaa was tried on 12 July 2001 and sentenced to 1 year in prison with an additional 4 years suspended sentence, if she should commit any offence during the next 5 years.
OMCT views with extreme concern the situation of Sanaa’Amer and recalls that as a State party to the Convention on the Rights of the Child (CRC), Israel is bound to uphold the articles contained therein. In particular, article 37 of the CRC states that “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment”. Furthermore, the same article states that "Every child deprived of liberty shall be treated with humanity and a respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits…".
OMCT furthermore highlights that, according to the UN Rules for the Protection of Juveniles Deprived of their Liberty, solitary confinement of juveniles as a disciplinary confinement constitutes a cruel, inhuman or degrading treatment and should be prohibited.
Regarding juvenile justice, article 37 of the CRC also requires that the arrest, detention or imprisonment of a child “be used only as a measure of last resort and for the shortest appropriate period of time”.
Actions requested
Please write to the authorities in Israel urging them to:
i. guarantee the physical and psychological integrity of Sanaa’Amer at all times and ensure continued access to medical care;
ii. ensure that Sanaa’Amer has the right not to be subjected to solitary confinement at any time;
iii. ensure that Sanaa’Amer has the right to be treated with humanity and respect for her dignity, to maintain contact with her family and to be separated from adult prisoners, unless it is in her best interest not to do so;
iv. reexamine the criminal sentence pronounced against Sanaa’Amer taking into account the international obligations and principles regarding juvenile justice which apply to Israël.
v. guarantee all human rights and fundamental freedoms in accordance with international human rights standards, particularly the Convention on the Rights of the Child, ratified by Israel.
Addresses
Ariel Sharon, Prime Minister, Office of the Prime Minister, 3 Kaplan Street, Jerusalem 91007, Israel. Fax:(+ 972 2)566 48 38 / 691 79 15 E-mail: pm@pmo.gov.il or feedback@pmo.gov.il
Meir Shitrit, Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91029, State of Israel. Fax:(+ 972 2) 62 8 54 38 or Fax: ++ 972 2 628 8618 Email: sar@justice.gov.il
Binyamin Ben-Eliezer, Minister of Defense, Ministry of Defense, 7 "A" Street, Hakirya, Tel Aviv, Israel. Fax:(+972-3)691 69 40, e-mail: sar@mod.gov.il
Eli Yishai, Minister of the Interior, Ministry of the Interior, Fax: 00972 2 670 1411 Email: sar@moin.gov.il
Minister of Police, Ministry of Police, PO Box 18182, 3 Sheikh Jarrah, Kiryat Hamemshala, Jerusalem 91181, State of Israel. Fax:(+ 972 2)582 67 69
Shimon Peres, Minister of Foreign Affairs, Ministry of Foreign Affairs, Fax:(+ 972 2) 530 3704
E-mail: sar@mofa.gov.il
The Supreme Court of Justice, Kiryat Ben Gurion, Jerusalem, Israel. Fax: (+ 972 2) 652 71 18
Uzi Landau, Minister of Internal Security, Ministry of Internal Security P.O Box 18182, 3 Sheirkh Jarrah, Kiryat Hamemshala jerusalem, 91181, Israel. Fax: (+ 972 2) 582 67 69, E-mail : sar@mops.gov.il
Please also write to the embassies of Israel in your respective country.
Geneva, July 23, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
CHILD CONCERN
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Israel.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source that Sanaa’Amer, a 14 year old Palestinian girl, has been subjected to torture and other forms of ill-treatment during detention and has been excessively sentenced by a military court.
According to the information received, Sanaa’Amer, was arrested on 20 February 2001 at noon in Hebron. She was in the street standing away from her sister, when her sister went towards a settler and was suddenly arrested by soldiers. As she was talking to a journalist about what happened, a soldier came, took her to a military jeep and hit her on the right cheek to such an extent that her ear hurt for one week.
According to the same information, Saana’ was taken afterwards to an interrogation room where two men dressed in civilian clothes accused her of planning with her sister to stab a settler. One of the men hit her hard enough to cause a bruise on her arm. The bruise was witnessed by a lawyer of Defence for Children International, Palestine section.
The same source reported that since 11 March 2001, Sanaa’ has been detained in Ramle Prison along with 9 other female Palestinian political detainees, among whom there are seven adults. In early May, following an altercation between political and criminal prisoners in the prison, Sanaa’ was placed in a room by herself. For two days, her arms and legs were tied to her bed from 10 pm until 6 am. At 6 am her restraints were removed and she was left in the room without any personal belongings. On the third day, she was placed alone in her room and left for 12 days without human contact and with nothing to occupy her time.
At the end of June, during a hunger strike undertaken by the political detainees, more than 20 policemen attacked them with tear gas and sticks. The prisoners were reportedly taken to isolation cells and beaten. Their belongings were also removed from their rooms. During these events, Sanaa’ was allegedly beaten with sticks on her arms and legs. Her arms were tied behind her back and she was kicked by the police in the stomach, inducing her to cough up blood. As of 12 July 2001 Sanaa’ had received no medical treatment and feels pain whenever she eats or drinks.
Sanaa was tried on 12 July 2001 and sentenced to 1 year in prison with an additional 4 years suspended sentence, if she should commit any offence during the next 5 years.
OMCT views with extreme concern the situation of Sanaa’Amer and recalls that as a State party to the Convention on the Rights of the Child (CRC), Israel is bound to uphold the articles contained therein. In particular, article 37 of the CRC states that “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment”. Furthermore, the same article states that "Every child deprived of liberty shall be treated with humanity and a respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits…".
OMCT furthermore highlights that, according to the UN Rules for the Protection of Juveniles Deprived of their Liberty, solitary confinement of juveniles as a disciplinary confinement constitutes a cruel, inhuman or degrading treatment and should be prohibited.
Regarding juvenile justice, article 37 of the CRC also requires that the arrest, detention or imprisonment of a child “be used only as a measure of last resort and for the shortest appropriate period of time”.
Actions requested
Please write to the authorities in Israel urging them to:
i. guarantee the physical and psychological integrity of Sanaa’Amer at all times and ensure continued access to medical care;
ii. ensure that Sanaa’Amer has the right not to be subjected to solitary confinement at any time;
iii. ensure that Sanaa’Amer has the right to be treated with humanity and respect for her dignity, to maintain contact with her family and to be separated from adult prisoners, unless it is in her best interest not to do so;
iv. reexamine the criminal sentence pronounced against Sanaa’Amer taking into account the international obligations and principles regarding juvenile justice which apply to Israël.
v. guarantee all human rights and fundamental freedoms in accordance with international human rights standards, particularly the Convention on the Rights of the Child, ratified by Israel.
Addresses
Ariel Sharon, Prime Minister, Office of the Prime Minister, 3 Kaplan Street, Jerusalem 91007, Israel. Fax:(+ 972 2)566 48 38 / 691 79 15 E-mail: pm@pmo.gov.il or feedback@pmo.gov.il
Meir Shitrit, Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91029, State of Israel. Fax:(+ 972 2) 62 8 54 38 or Fax: ++ 972 2 628 8618 Email: sar@justice.gov.il
Binyamin Ben-Eliezer, Minister of Defense, Ministry of Defense, 7 "A" Street, Hakirya, Tel Aviv, Israel. Fax:(+972-3)691 69 40, e-mail: sar@mod.gov.il
Eli Yishai, Minister of the Interior, Ministry of the Interior, Fax: 00972 2 670 1411 Email: sar@moin.gov.il
Minister of Police, Ministry of Police, PO Box 18182, 3 Sheikh Jarrah, Kiryat Hamemshala, Jerusalem 91181, State of Israel. Fax:(+ 972 2)582 67 69
Shimon Peres, Minister of Foreign Affairs, Ministry of Foreign Affairs, Fax:(+ 972 2) 530 3704
E-mail: sar@mofa.gov.il
The Supreme Court of Justice, Kiryat Ben Gurion, Jerusalem, Israel. Fax: (+ 972 2) 652 71 18
Uzi Landau, Minister of Internal Security, Ministry of Internal Security P.O Box 18182, 3 Sheirkh Jarrah, Kiryat Hamemshala jerusalem, 91181, Israel. Fax: (+ 972 2) 582 67 69, E-mail : sar@mops.gov.il
Please also write to the embassies of Israel in your respective country.
Geneva, July 23, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.