Aletho News

ΑΛΗΘΩΣ

UN Working Group on Arbitrary Detention slams Israeli human rights breaches in Hares Boys case

The Hares Boys, one of whom is the XXXXX referred to in the UN Working Group's Opinion

The Hares Boys, one of whom is the XXXXX referred to in the UN Working Group’s Opinion
By Julie Webb-Pullman – Gaza Scoop – June 30, 2016

In an opinion released on June 29, 2016 The United Nations Working Group on Arbitrary Detention slammed Israel for its treatment of a Palestinian child arbitrarily detained, tortured, and forced to sign a document without first reading it. The Group also noted the discriminatory nature of the arrest based on the nationality of the victim, who was referred to as XXXXX, but acknowledged to be one of the children in the notorious Hares Boys case.

In the advance unedited version of the opinion, the Working Group “recommends the Government Israel to provide full reparations to XXXXX, starting with his immediate release,” and decided to refer the allegations of torture to the Special Rapporteur on torture for appropriate action.

Israeli authorities did not refute that on 16 March 2013 XXXXX was strip searched and locked in a small room for a long time, during which he was obliged to stay nakedly in stressful positions. In an interrogation room he was shackled, by hands and feet to a chair and was questioned for several hours. He was also subjected to verbal abuses and threats and was forced to sign a document that he was prevented from reading beforehand. For 21 days, XXXXX was held in solitary confinement with no access to the outside world and he was deprived of visits from his family and lawyer.

On 5 April 2013, he was transferred to Megiddo prison in northern Israel, where he was again held in solitary confinement for 19 days.

The Working Group noted that XXXXX was deprived of liberty when he was 17 years old, and had the right to be tried by a juvenile justice system in a speedy manner.

“Military Tribunals cannot be competent for civilians in accordance with relevant international human rights law. He was arrested without a warrant, was not informed of the reasons of the arrest and was not allowed to receive visits from his lawyer for several days following the date of his arrest. During interrogation,he was tortured and forced to sign a document without reading it first,” the Group found.

The Working Group concluded that the detention of XXXXX between 15 March 2013 and 9 April 2013 was arbitrary, being without any legal basis, nor any charge or trial.

It was also of the opinion that those acts from Israeli authorities are in violation of articles 9 and 10 of the Universal Declaration of Human Rights (UDHR), as well as articles 9, 10 and 14 of the International Covenant on Civil and Political Rights (ICCPR), and that detention of XXXXX was based in his Palestinian origin therefore was discriminatory in nature.

The Working Group has a mandate to investigate allegations of individuals being deprived of their liberty in an arbitrary way or inconsistently with international human rights standards, and to recommend remedies such as release from detention and compensation, when appropriate.

June 30, 2016 Posted by | Ethnic Cleansing, Racism, Zionism, Subjugation - Torture | , , , , , | Leave a comment

‘Hares boys’ sentenced to 15 years after families pay fines

Ma’an – January 29, 2016

RAMALLAH – After a nearly three-year long battle in Israeli military courts, five Palestinian teens from the occupied West Bank village of Hares accused of manslaughter after reportedly throwing stones were on Thursday issued sentences of 15 years, a prisoners’ rights group said.

The case has been disputed in the past by relatives and rights groups, who say that insufficient evidence was provided to prove that the five had any involvement in the death of an Israeli toddler who passed away two years after the teens were accused of throwing stones at her mother’s vehicle, causing it to crash.

A lawyer from the Palestinian Prisoners’ Society, Iyad Mahamid, told Ma’an that the military court issued the sentences to Muhammad Suleiman, Tamer Souf, Ammar Souf, Ali Shamlawi, and Muhammad Kleib.

Relatives of the detainees told Ma’an following a court hearing in December 2015 that the teens would be sentenced to prison terms of 15 years on the grounds that their families pay fines of 30,000 shekels ($7,700) by Jan. 28.

“Hares Boys,” an activist blog dedicated to raising awareness of the teens’ case, posted on their Facebook page “Free the Hares Boys” on Thursday that the families were able to pay the fines in full with the assistance of outside donations.

Failure to pay the fines could have resulted in prolonged sentencing to at least 25 years in prison, according to the Hares Boys blog.

Thursday sentencing marks a poor end to a drawn-out court battle that began after the five were detained by Israeli forces on March 15, 2013. All were 16 and 17 years old at the time of their detention.

Their arrest followed the hospitalization of a three-year-old Israeli girl, Adele Biton, who suffered severe head injuries when her mother’s car collided with a truck near the Israeli mega-settlement of Ariel. The toddler died two years later after suffering complications from pneumonia.

The family believes that while the child died of pneumonia, the severity of her complications was due to injuries sustained after the vehicle accident, according to Israeli media.

The Israeli vehicle had reportedly lost control after being hit by a stone, and the five teens were later accused of throwing stones that day at vehicles driving on Route 5, a highway leading to several nearby Israeli settlements.

Twenty Israeli drivers afterwards filed insurance claims stating that stones hit their cars, but the incidents lacked eyewitness testimony and the police received no calls at the time the teens were throwing stones.

All five denied the allegations, but later signed confessions “after being repeatedly abused in prison and during interrogations,” according to the Hares Boys blog.

The mother of the toddler told Israeli media following Thursday’s sentencing: “It is not much consolation, we would have preferred [the] death [penalty] or life-sentencing. The state did not properly tend to the matter and it didn’t fully enforce the punishment to the fullest.”

The British Parliament on Thursday in response to an online public forum inquiry said an official from the British Embassy in Tel Aviv had met with Chief Military Prosecutor Maurice Hirsch in November to express its concern over the case of the Hares boys, adding that the government would continue to raise the case to Israeli authorities.

The teens’ families as well as rights groups have repeatedly argued over the past three years that the youth were being held without evidence and unjustly prosecuted in a military court system that convicts over 99 percent of Palestinians.

The Hares Boys blog wrote in their defense in 2013: “If the boys are convicted, this case would set a legal precedent which would allow the Israeli military to convict any Palestinian child or youngster for attempted murder in cases of stone-throwing.”

Israeli Prime Minister Benjamin Netanyahu in September declared a “war on stone throwing,” establishing a minimum prison sentence for adults who throw stones as well as allowing Israeli forces to use sniper fire against stone throwers in circumstances that pose mortal danger.

The PM said at the time that there would be “significant fines” for minors who commit such offences, as well as for their parents.

The Knesset had already passed a law in July making penalties for stone-throwing more severe. The new law allowed for stone-throwers to receive a 20-year prison sentence where intent to harm could be proven, and 10 years where it could not.

At the time the bill was passed, Palestinian MK Jamal Zahalka said: “Who will the judge send to prison? He who demolished the home, seized the land, killed the brother, or the boy who threw a stone?”

January 29, 2016 Posted by | Deception, Ethnic Cleansing, Racism, Zionism, Subjugation - Torture | , , , , , , | Leave a comment

One year on: the Hares Boys

The Hares Boys | March 18, 2014

Occupied Palestine – Yesterday the Hares Boys, who are being charged with 20 counts of attempted murder with no evidence whatsoever, have been in an Israeli prison for one year. Now is more important than ever to fully understand the circumstances surrounding the unlawful arrest and imprisonment of Mohammad Suleiman, Ammar Souf, Mohammed Kleib, Tamer Souf, and Ali Shamlawi.

The car accident

At around 18:30 on Thursday 14 March 2013, a car crashed into the back of a truck on Road 5 in Salfit Governorate, occupied Palestine. The driver and her 3 daughters were injured, one of them – seriously. The driver, Adva Biton, was going back to the illegal Israeli settler colony of Yakir when the accident occurred. She later claimed the accident was due to Palestinian youth throwing stones at her car. The driver of the truck, having testified immediately after the accident that he had pulled over because of a flat tyre, later changed his mind and said he had seen stones by the road.

There were no witnesses to the car accident. Nobody had seen any children or youth throwing stones that day.

The arrests

In the early hours of Friday 15 March 2013, masked Israeli soldiers, some with attack dogs, stormed the village of Hares, which is close to Road 5. More than 50 soldiers broke the doors of the villagers’ houses, demanding the whereabouts of their teenage sons. Ten boys were arrested that night, blindfolded, handcuffed, and transferred to an unknown location. The families  were not informed of their sons’ alleged wrongdoings.

Two days later, a second wave of violent arrests took place. At around 3 o’clock in the morning,  the Israeli army, accompanied by the Shabak (the Israeli secret service), entered the homes of 3 Palestinian adolescents. They had a piece of paper with their names in Hebrew. After forcing all the family members into one room, taking away their phones so that they wouldn’t call for help, and interrogating them, the soldiers handcuffed their sons, all aged 16-17.

“Kiss and hug your mother goodbye,” a Shabak agent told one boy. “You may never see her again.”

A week later, Israeli army jeeps again entered the village and arrested several boys, who had just come back home from school. The soldiers lined all of them up, including a 6-year-old, and threatened at gunpoint their uncle who pleaded for the soldiers to at least release the youngest children. The army then randomly chose 3 boys, handcuffed them behind their backs, blindfolded them, and took them away. The families were not informed about either the allegations against their children, or their exact location.

In total, 19 boys from the neighbouring villages of Hares and Kifl Hares were arrested in relation to the settler car accident. None of them had previously had any history of stone-throwing. After violent interrogations, most of the minors were released, except for five, who remain in Megiddo, an Israeli adult prison.

These are the Hares Boys.

The interrogation

The arrested boys were subjected to a series of abuse and ill-treatment that accounts as torture. Upon detention, they were kept in solitary confinement  for up to two weeks. One boy, since released, described his cell: a windowless hole 1m wide and 2m long; there was no mattress or blanket to sleep on; toilet facilities were dirty; the six lights were kept on continuously, leading to the boy losing track of the time of the day; the food made him feel ill. The boy was denied lawyer; he was interrogated violently three times during three days, and eventually released after found not guilty at the trial.

Other boys have also told their lawyers of very similar treatment. They “confessed” of stone-throwing after being repeatedly abused in prison and during interrogations.

The charges 

The five boys from Hares are charged with 25 counts of attempted murder each, apparently 1 count for every alleged stone thrown at passing cars. The Israeli military prosecution insists that the boys consciously “intended to kill”; the boys can face the maximum punishment for attempted murder: 25 years to life imprisonment.

The prosecution’s case relies on the boys’ “confessions”, which have been obtained under torture, and 61 “witnesses,” some of which claim that their cars have been damaged by stones on that same day on Road 5. The latter only appeared after the car accident got a lot of media coverage as a “terrorist act”, and the Israeli prime minister Benyamin Natanyahu announced, after the boys’ arrest, that he “caught the terrorists that did it”. Other “witnesses” include the police and the Shabak, who were not even present at that location at the time. It is not clear whether the 61 “witnesses” have been properly questioned and their claims verified with, for example, hospital admission data, or even if the alleged damage to their vehicles has been photographed or otherwise documented. Such information is not even available to the boys’ attorneys.

The implications

If the boys are convicted, this case would set a legal precedent which would allow the Israeli military to convict any Palestinian child or youngster for attempted murder in cases of stone-throwing.

The boys are now 16-17 years old. If the Israeli military get their way, the boys would only return to their homes and their families at the age of 41 – at best. Five young lives ruined with no evidence of their guilt is a spit in the face to our common principles of justice as human beings.

WHAT’S WRONG WITH THIS?

Almost every stage of this case that could go wrong, did. Local and international law has been mostly dismissed; principles of justice barely fading in the horizon; respect for human beings non-existent.

Consider this:

  • The Hares Boys, as well as thousands of other Palestinian youngsters, are treated in the Israeli military court system as adults. According to international human rights law in general, and the UN Convention on the Rights of the Child in particular, adults are people over 18 years of age. Israel treats even 9-year-olds as adults.
  • The racist system of “justice”: no matter the alleged crime, Palestinians are forced to go through the military courts and are tried under military law, while Israelis fall into the civil court system for the same crimes.
  • Violently arresting children at night without giving any explanation to their families about the reasons behind it, nor informing them about their children’s whereabouts goes against Israel’s own laws which state that minors are to be accompanied by an adult family member when detained or arrested.
  • The denial of lawyer for several days (in some cases weeks) after detention also accounts as a major violation of Israel’s own rules.
  • Children being put into solitary confinement for days on end is a form of torture; It is a severe punishment before the verdict.
  • Abusive interrogations of scared minors is considered torture.
  • The boys were arrested despite a total lack of evidence against them and condemned by the Israeli media as “terrorists”, which goes against the universal presumption of innocence (innocent until found guilty) and delivers a guilty verdict in the highly bombastic public trial, putting pressure on the judges to do likewise.

For more detailed accounts of the initial arrests and interrogations, please see IWPS Human Rights Reports from the ground:

HRR447: Arrest of 10 adolescents in Hares, Salfit (15 March 2013)

HRR448: Arrests of 3 more adolescents in Hares, Salfit: A (17 March 2013)

HRR451: Interrogation of a 16-year-old (21 March 2013)

HRR452: Arbitrary arrests of minors  (21 March 2013)

HRR458: Military court hearing for Hares arrest (9 April 2013)

HRR461: Arrest of three adolescents in Hares  (9 April 2013)

Related articles

March 18, 2014 Posted by | Deception, Ethnic Cleansing, Racism, Zionism, Subjugation - Torture | , , , , , , , | Leave a comment