[Pnews] Arrests of Children in Jerusalem: Detention, Education, Financial Strains and Social Burdens

Prisoner News ppnews at freedomarchives.org
Tue Jun 6 16:25:33 EDT 2017


http://www.addameer.org/publications/arrests-children-jerusalem-detention-education-financial-strains-and-social-burdens 



  Arrests of Children in Jerusalem: Detention, Education, Financial
  Strains and Social Burdens

June 6, 2017
------------------------------------------------------------------------

Currently, an estimated 75 Palestinian children from East Jerusalem are 
being held in Israeli prisons and detention centers. Based on Addameer’s 
monitoring of 9 recent and current cases of Palestinian children from 
Jerusalem from the onset of 2017 who were arrested and, as well as 
exhaustive Addameer statistics and data from several years of monitoring 
and legal representation in Jerusalem, this factsheet will explore the 
effects of arrest and house arrest on a child’s education and 
development. The factsheet relies on information obtained through visit 
questionnaires, field visits, and court protocols.

The trends and data are based on 2015-2016 affidavits taken from 
Palestinian children from Jerusalem who experienced arrest by Israeli 
forces and were taken to Beit Alyaho Police Center, Oz police center, 
Salah Al-Din police station, and Qishleh police center, as well as 
Al-Moscobiyeh. Interrogation within these centers focused on confessions 
obtained through coercive methods, including physical violence, in the 
absence of their parents and attorneys. Despite the fact that the 
interrogation lasted for a few hours in some cases, some of the children 
were subjected to intense interrogation methods, slaps, beatings, 
kicking, and being cuffed by hands and legs to the chair. This factsheet 
aims to examine the aftermath, namely the policy of house arrest and the 
post-detention experience.

*Legalities: No Last Resort for Palestinian Children in Jerusalem*

The Convention on the Rights of the Child underlines in Article 27(b) 
that “No child shall be deprived of his or her liberty unlawfully or 
arbitrarily.”[1] The article further underlines that in the case of 
arrest, “the arrest, detention or imprisonment of a child shall be in 
conformity with the law and shall be used only as a measure of last 
resort and for the shortest appropriate period of time”.[2]

The Convention states in Article 2 the principle of best interest of the 
child, underlining that “in all actions concerning children, whether 
undertaken by public or private social welfare institutions, courts of 
law, administrative authorities or legislative bodies, the best 
interests of the child shall be the primary consideration.”[3] These 
best interests undoubtedly involve treating the children with dignity, 
freedom from cruel and degrading punishment, the ability to grow, 
especially through social development, and the pursuit of their education.

The central Israeli legislation that addresses the arrest and detention 
of children in Jerusalem is the Trial, Punishment and Modes of Treatment 
Law, 5731-1971 and namely Amendment 14, which took effect in 2009. While 
the amendment emphasizes the principle of arrest of children only as a 
last resort, in practice, Palestinian children are not afforded this 
principle, with systematic arrests and associated discriminatory 
practices being maintained as the norm. Palestinian children, for 
example, are more likely to be arrested than Israeli children, and when 
arrested, are more likely to be held under interrogation without access 
to their attorneys and parents. Defense for Children International – 
Palestine has observed through documentation that, “Israeli authorities 
implement the law in a discriminatory manner, denying Palestinian 
children in East Jerusalem of their rights from the moment of arrest to 
the end of legal proceedings.”[4]

*Effects on Psychology, Development, and Education*

/“The minute of arrest in the early mornings at homes is the most 
fearful experience they went through so far in their lives, because they 
are waking them up while they are asleep, taking them from their 
bedrooms, their bed, handcuffing them, blind folding them in front of 
their parents…who are supposed to represent the protective [figures]....”/

-          Nader Abu-Amsheh of the East Jerusalem YMCA Children 
Ex-Detainee Rehabilitation Program[5]

Addameer research has confirmed that traumatic experiences of arrest and 
associated ill treatment result in symptoms of Post-Traumatic Stress 
Disorder (PTSD), as well as disorientation, loss of control of self 
determination, and low self esteem.[6] Due to the severe trauma 
resulting from interrogation and the associated feelings of being left 
behind from their peers, it has been observed that many ex-detainee 
children drop out of school.

It has been found that PTSD associated with the experience of arrest 
“adversely affect any future pursuit of education and are considered a 
major cause of former Palestinian child prisoners’ reluctance to return 
to school.”[7]  It has also been noted by Addameer that, “in addition to 
the ill-treatment and torture suffered by Palestinian children during 
the process of arrest, interrogation and detention, their social capital 
is also squandered as result of detention, negatively impacting their 
ability to grow into a valuable and autonomous individual.”[8] 
Ultimately, this social regression inherently hinders empowerment, 
competence, and self-determination – factors crucial to a healthy 
growing environment for children.

*Cases Monitored: Financial and Educational Losses*

/“In virtually all of the cases, the children would have the problem 
even after the child goes back to school in focusing because their 
education was obstructed for a significant period…. Ultimately they lose 
years or do not go back to school … the child is in school, leaves 
school for a while, does not want to go back.” /

-          Radi Darwish, Attorney monitoring child detention in Jerusalem

The educational costs of arrests and detention are profound. The 
children whose cases were surveyed lost periods ranging from 3 months, 
one semester, and one year of school, and two of the children chose not 
to return to school. Notably, three of these children missed a full year 
of school as a result of their arrest and house arrest. Extension of 
detention ranged from 1 day to 60 days (including after charges were 
submitted).  A 16-year-old child, who was arrested from his home on 1 
November 2015 in East Jerusalem and taken to Ofek Prison, was released 
conditionally on house arrest for 12 months. He was convicted of 
throwing stones on a light rail tram and sentenced to 138 days in public 
service. He lost a semester of school as a result of the house arrest 
(case no. 3).

In addition to the impact on education, the children’s families were 
also compelled to pay financial guarantees that ranged from 2500 and 
5000 NIS (equivalent of approximately 700 and 1400 USD). However, the 
family of one child (case no. 2) was required to pay a financial 
guarantee of 2500 NIS as a condition of her release on house arrest in 
Beit Naqqouba and then subsequently 4000 NIS when the house arrest was 
transferred to Jabal Al-Mukkaber, totaling 6500 NIS. The indictment 
against her was submitted but no verdict ruling has been issued to date.

A female 16-year-old child was arrested on 15 February 2016 from Salah 
Al-Din Street after being beaten by Israeli forces. She was placed under 
house arrest under the condition of temporary residency away from her 
home. She was detained for 60 days and then placed under house arrest 
with residency assignment in Beit Naqqouba village for approximately 10 
months, the house arrest then continued in Jabal Al-Mukkaber. Her family 
was ordered to pay a financial guarantee of 2500 NIS during the house 
arrest in Beit Naqqouba and 4000 NIS when the house arrest was 
transferred to Jabal Al-Mukkaber. Indictment against her was submitted 
but no verdict ruling has been issued to date.

Case no.

	

Place of arrest

	

Legal status

	

Financial Guarantees

	

Charges/Related Offense

1

	

Salah Al-Din Street

	

House Arrest until 3/1/2017; he was allowed to attend school but to be 
accompanied by family

	

Financial Guarantee of 5000 NIS

	

Throwing stones at a police car

2

	

Salah Al-Din Street, she was beaten by the soldiers when she was arrested

	

She was detained for 60 days, released to be under house arrest with 
deportation to Beit Naqqouba village for approximately 10 months, and 
then the house arrest continued in Jabal Al- Mukkaber

	

Financial Guarantee of 2500 NIS during the house arrest in Beit Naqqouba 
and 4000 NIS when the house arrest was transfered to Jabal Al-Mukkaber

	

Possession of a knife

3

	

 From home in Shuafat

	

Interrogation was extended and then he was released but under condition 
of house arrest for 12 months

	

He was convicted and sentenced to 138 days in public service

	

Throwing stones on the Light Rail

4

	

After summon for interrogation

	

House arrest starting from the date of release on 22/9/2016 where he was 
placed in assigned residency in a relative’s home in Shuafat Refugee Camp

	

Convicted and fined a Guarantee of 5000 NIS

	

Throwing stones

5

	

After summon for interrogation

	

Detained for 29 days and house arrest until 2/9/2016.

	
	

Throwing stones on the Light Rail

6

	

 From home

	

Interrogated for 3 days and placed under house arrest for 14 days.

	

Financial Guarantee of 3000 NIS and no indictment was presented until 
the date of interview

	

No charge sheet was presented

7

	

After summon for interrogation in Nevi Yacob

	

He was detained for 30 days, under house arrest for 9 months,  the 
partial house- arrest is still valid until now.

	

Financial Guarantee of 5000 NIS; an indictment was submitted

	

Throwing stones on the Light Rail

8

	

 From the Old City- Bab Al-Majlis

	

Interrogation for 7 days and house arrest for 7 months

	

Financial Guarantee of 3000 NIS; an indictment was presented

	

Possession a knife

9

	

After summons for interrogation

	

Interrogation for only one day and released because of his age on 
condition of house arrest

	

Financial Guarantee of 5000 NIS

	

Throwing empty glass bottles

According to Murad Amro, Clinical Psychologist at the Palestinian 
Counseling Center, house arrest impacts the child’s relationships, 
including those with their parents. It results in anxiety, feelings of 
helplessness, as well as psychosomatic symptoms of bodily pain. Amro 
explains that “the experience impacts their ability to maintain 
self-regulation and self-mastery, essential for psychological and social 
processes... It causes changes in dynamics of family relationships, and 
affects self-concept and self-esteem.”[9] Amro explains that the 
associated reluctance to go back to school may be a form of rebellion 
and a cry of helplessness, as a result of “not being able to feel safe 
and not having their expectations of protection fulfilled. It may be 
that they are trying to resist being in a social system that does not 
give them protection.”

Notably, Palestinian children in Jerusalem are sometimes placed in 
assigned residency as a term of their house arrest.  For example, in 
case no. 7, a 16-year-old Palestinian child from Shuafat, who was 
arrested on 11/10/2015, was placed under house arrest for 60 days in 
Beit Hanina. In case no. 2, a female child from Jabal Al-Mukkaber who 
was arrested on 2/15/2016 was placed under house arrest in Beit 
Naqqouba. In case no. 4, a 17-year-old male child from Al-Tour who was 
arrested on 8/3/2016 was placed under house arrest in Shuafat refugee 
camp in an assigned residency with a relative. The impact of these 
particular house arrests is that they remove the child from their 
surroundings and environment to the child’s detriment.

According to Clinical Psychologist Murad Amro, these types of assigned 
residency situations may have profound impacts. Amro explains, “this is 
a particularly stressful factor for the family and the child to manage 
this period of separation and to support the child during this 
situation. Guilt-feeling and blaming are very important here, for the 
child and the parents. The child will be blaming the family for not 
being able to protect the child…arrest makes the child feel guilty, loss 
of locus of control.”[10]

Case no.

	

Gender

	

Age

	

Date of arrest

	

Residential address

	

Address of house arrest

	

Prison or Detention center

*1*

	

M

	

16

	

9/14/2016

	

Old City- Saadiya Quarter

	

Old City - Saadiya Quarter

	

Al-Moscobiyeh (Russian Compound)

*2*

	

F

	

16

	

2/15/2016

	

Jabal Al- Mukkaber

	

Beit Naqqouba

	

Hasharon

*3*

	

M

	

16

	

11/1/2015

	

Shuafat

	

Shuafat

	

Ofek

*4*

	

M

	

17

	

8/3/2016

	

Al-Tour

	

Shuafat refugee camp

	

Al-Moscobiyeh (Russian Compound)

*5*

	

M

	

16

	

11/4/2015

	

Shuafat

	

Shuafat

	

Al-Moscobiyeh (Russian Compound)

*6*

	

M

	

14

	

2/16/2017

	

Al-Issawiya

	

Al-Issawiya

	

Al-Moscobiyeh (Russian Compound)

*7*

	

M

	

16

	

11/10/2015

	

Shuafat

	

Beit Hanina

	

Al-Moscobiyeh (Russian Compound)

*8*

	

F

	

17

	

5/4/2016

	

Al-Issawiya

	

Al-Issawiya

	

Hasharon

*9*

	

M

	

15

	

10/28/2015

	

Silwan

	

Silwan

	

Al-Moscobiyeh (Russian Compound)

*Conclusion: Obstructing Development and Education*

The continued policy of arrests of Palestinian children in Jerusalem 
contravenes the Convention on the Rights of the Child in its use not as 
a last resort as stated in article 37 of the Convention. The associated 
disruption of education and social development unarguably violate the 
best interests of the child. The policy also breaches the State’s 
responsibility to make primary and secondary education accessible to the 
children (article 28). Furthermore, the Convention affirms, “in all 
actions concerning children, whether undertaken by public or private 
social welfare institutions, courts of law, administrative authorities 
or legislative bodies, the best interests of the child shall be a 
primary consideration.” The practice of arrest and detention of 
Palestinian children in Jerusalem may be seen as a larger policy of 
repression and disruption of a population, resulting in the obstruction 
of social development, the impeding of education, associated financial 
burdens, and sometimes, relocation outside of his or her home 
environment in assigned residency.

------------------------------------------------------------------------

[1] UN General Assembly, Convention on the Rights of the Child, 20 
November 1989, United Nations, Treaty Series, vol. 1577, p. 3, available 
at: http://www.refworld.org/docid/3ae6b38f0.html [accessed 29 May 2017]

[2] Ibid.

[3] Ibid.

[4] Defense for Children International, 11 August 2016. “New Israeli Law 
allows Children as Young as 12 to be Jailed” 
http://nwttac.dci-palestine.org/new_israeli_law_allows_children_as_young_as_12_to_be_jailed

[5] Nader Abu Amsheh, interviewed by Bill Skidmore. Beit Sahour, 3 
January 2015. Interviewed for “In the Shadow of the 2014 Gaza War: 
Imprisonment of Jerusalem’s Children,” Addameer, 2016. Available at 
http://www.addameer.org/sites/default/files/publications/imprisonment_of... 
<http://www.addameer.org/sites/default/files/publications/imprisonment_of_jerusalems_children_2016.pdf>

[6] Addameer, 2010. “The Right of Child Prisoners to Education”. 
Available at 
http://www.addameer.org/sites/default/files/publications/addameer-report-the-right-of-child-prisoners-to-education-october-2010-en.pdf

[7]Ibid, 11.

[8] Ibid.

[9] Interview with Addameer on 30 May 2017. Ramallah.

[10] Ibid.

-- 
Freedom Archives 522 Valencia Street San Francisco, CA 94110 415 
863.9977 www.freedomarchives.org
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