Case ISR 070808.2.CC
Follow-up of case ISR 070808.CC and case ISR 070808.1.CC
Reject of appeal to reduce administrative detention of two Palestinian female minors/Continuing administrative detention without any charges
The International Secretariat of the World Organisation Against Torture (OMCT) received new information on the following situation in Israel and the Occupied Palestinian Territories.
New information
The International Secretariat of OMCT has been informed by Defence for Children-Palestine section (hereafter DCI-Palestine), a member organisation of OMCT SOS-Torture network, that on November 2nd 2008 the Military Judge of Ofer Military Court rejected the appeal lodged by Salwa Salah and Sara Siureh's lawyer.[1] Therefore, the girls will remain in detention until their current administrative detention order ends on January 3rd, 2009. Salwa and Sara are both held in Addamoun prison in Israel.
According to the same source of information, the two girls have been detained for more than five months since their arrest and they could remain in administrative detention even after January 3rd, 2009. Indeed, according to the existing procedure in Israel, administrative detention may be renewed indefinitely. This rule is also applicable to children and adolescents.
Reminder of the situation
OMCT was informed that on Thursday June 5th 2008, between 1:30 and 2:00 a.m., two 16 year-old girls, Salwa Salah and Sara Siureh were arrested by the Israeli police and Israeli Security Agency (ISA) officers at their respective homes in Bethlehem. In both cases, Israeli forces used excessive force when they arrested the girls by handcuffing and blindfolding Salwa and by storming Sara's house and shouting at her. Both girls are relatives (cousins) and one of the girls is still at school. The ISA claimed that the girls were involved in militant activities. However, no charge has ever been issued against them.
Following their arrest, Salwa and Sara were taken briefly to Telmond Prison and then to Ofer Prison where they were interrogated for one hour. During the interrogation, they were allegedly asked about what they were doing and if they had any relations with any political group. The girls did not confess to anything. The girls were taken back to Telmond prison where they spent a couple of days. They were then taken to Addamoun prison.
According to DCI-Palestine, military administrative detention orders were issued on 12th June. They justified the girls' detention on the basis of their supposed involvement in militant activities which were "endangering the security of the area". The orders have been set for four months (Salwa) and five months (Sara). A military court confirmed the orders on June 18th. An appeal hearing also confirmed the orders on July 16th although Sara's administrative term was reduced from 5 to 4 months. The two girls were detained in Addamoun prison in Israel with Palestinian adult female detainees and were due to be released on October 4.
However, according to the same information, on October 5th 2008 both girls were issued a second administrative detention order. On October 6th 2008, their appeal was rejected. The military judge Eyal Noon upheld the order for a further three months until January 3, 2009. The judge reportedly considered that girls are still 'dangerous' although the military prosecutor has provided no evidence since their arrest.
Since then both girls remain held in the same prison and conditions. There are the only female minors in administrative detention in Israel. They are kept without charge and their detention can be renewed indefinitely. Indeed, in Israel, the Military Commander may renew the administrative detention order for up to 6 months, every 6 months and indefinitely, subject to review by a court (within 8 days of each order being issued). This possibility exists even in the absence of any charge or trial during the whole period of detention.
In addition to their administrative detention, one should mention that Salwa and Sara reportedly suffered from the excessive use of force during the arrest and extremely abusive behaviour during a transfer from Addamoun to Al Ramle prison on 15th July. At Al Ramle prison, according to the existing procedure, Salwa and Sara were searched: they were asked to strip totally naked while a female officer searched their hair, body and mouth with gloves. They felt the search was humiliating.
The International Secretariat of OMCT expresses its deep concern about the situation of Salwa Salah and Sara Siureh and, in particular, the fact that their administrative detention does not respect international human rights standards. Indeed, administrative detention infringes the principle according to which deprivation of liberty of a child (below 18 years old) should "be used only as a measure of last resort and for the shortest appropriate period of time" (article 37-b of the UN Convention on the Rights of the Child to which Israel is a State party). Moreover, OMCT considers that the mental suffering caused by not knowing the grounds for detention nor the length of detention is contrary to the UN Covention Against Torture and the International Covenant on Civil and Political Rights to both of which Israel is a State party.
Action requested
Please write to the authorities in Israel urging them to:
i. Guarantee, in all circumstances, the physical and psychological integrity of Salwa Salah and Sara Siureh;
ii. Guarantee immediate and unconditional access to legal representation, their families and any care they may require;
iii. Order their immediate release in the absence of valid legal charges, or, if such charges exist, bring them before an impartial, independent, competent and fair tribunal and guarantee their procedural rights at all times;
iv. Order a thorough and impartial investigation into these events in order to identify all the officers that abused the victims, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
v. Guarantee that adequate compensation is awarded to Salwa Salah and Sara Siureh;
vi. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
- Prime Minister, Office of the Prime Minister, 3 Kaplan Street, PO Box 187, Kiryat Ben-Gurion, Jerusalem, 91919, Israel, Fax: +972- 2-651 2631, E-mail: rohm@pmo.gov.il , pm_eng@pmo.gov.il
- Minister of Justice, Fax: + 972 2 628 7757; + 972 2 628 8618
- Attorney General, Fax: + 972 2 627 4481; + 972 2 628 5438; +972 2 530 3367
- Minister of Defence, Fax: +972 3 697 6218, sar@mod.gov.il
Please also write to the embassies of Israel in your respective country.
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Geneva, 7th November 2008
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[1] Attorney Mahmoud Hassan from the organisation Addameer Prisoner Support and Human Rights Association.
