Description

Photos:
MALEK GHEITH. PHOTO COURTESY OF ISM
Published by Btselem

ABED AL-JALIL. PHOTO COURTESY OF ISM
Published by Btselem

MALEK GHEITH. PHOTO COURTESY OF ISM
Published by Btselem
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by Btselem. Published Jan 24, 2019

On Wednesday, 5 Dec. 2018, as the school day ended at 1:30 P.M., students left the schools in the center of Hebron and threw stones at Border Police officers standing by a metal gate about 10 meters from the Pharmacy Checkpoint.

In video footage taken by ISM volunteers, Border Police officers can be seen seizing four students and dragging them to the Pharmacy Checkpoint. Two of them were below the age of 12 (the age of criminal liability). Three of the boys were detained alone at the checkpoint for about an hour. During this time the police officers asked them whether they had thrown stones, and some of them were asked to give the names of other children. They were then handed over to their parents, who had arrived on the scene.

The fourth child - 'Abed al-Jalil Murar, 13, - was taken to the police station in Kiryat Arba after also being held at the checkpoint for about an hour. His hands were tied with metal handcuffs. After waiting for another hour at the police station, 'Abed al-Jalil was interrogated without the presence of his parents or another adult on his behalf. A police officer presented him with a video clip allegedly showing him throwing stones. 'Abed al-Jalil made and signed a confession. At about 8:00 P.M., after 'Abed al-Jalil had been waiting at the police station for hours without food or drink, the police officers took him to the military clinic at Giv'at Haharsinah. He underwent a medical inspection and was then taken to the detention center at Etzion police station. He was placed in a detention cell where he spent the night alone, without being given food or drink. The next morning, 'Abed al-Jalil ate for the first time since he was arrested. At about 10:00 A.M. the police officers took him to 'Ofer military court with other minors from the detention center. Around midday a hearing was held in his case. The judge ordered that the boy be released on bail of NIS 2,000. In the afternoon, after his father paid bail, the soldiers took 'Abed al-Jalil to the military tower at the entrance to al-'Orub R.C. According to 'Abedal-Jalil, at the entrance to the camp the soldiers removed the handcuffs from his hands and put him down from the jeep. While they were doing this, one of the soldiers hit the boy on the head with his fist and he fell to the ground. The soldiers left 'Abed al-Jalilon the ground and drove off.

This is not the first time that armed police officers have illegally detained children below the age of criminal liability without informing their parents. When B'Tselem has documented such cases in the past, the security forces have justified their behavior on the spurious grounds that they "merely" detained the children before handing them over to the Palestinian authorities. The fact that the Israeli authorities believe that this conduct is proper is powerful evidence of their moral insensitivity.

This insensitivity is also apparent in the way all the authorities treated 'Abed al-Jalil. A 13-year-old boy was detained for over 24 hours completely on his own, without anyone defending his rights, explaining what was going to happen, or even allowing him to eat and drink. The detention in the road; the hours of waiting at the police station; the night spend alone in a cell; the military judge hearing his case; and finally his violent dumping on his own, far from his home - all these for part of the approach shared by the Israeli authorities that Palestinian minors are entitled to nothing, not even to the basic rights they deserve by law as children.

The following are some of the testimonies collected by B'Tselem field researcher Musa Abu-Hashhash in which the minors describe their detention:
'Abed al-Jalil, 13, an 8th grade student, resident of the al-Kasarah neighborhood, stated in a testimony collected on 12 Dec. 2018:

I'm a student in the 8th grade at al-Khalil al-Asasiyah elementary school in the center of Hebron. On Wednesday, 5 Dec. 2018, I left school at half past one and walked toward al-Hajriyah boys' school to pick up my brother Muhammad, who's 12. He was badly burned a few months ago and he needs my help. On the way, before I got to the school, I saw three Border Police officers standing by the metal gate on a-Sahalah Street where the school is situated.

The students were coming out of school and started to throw stones toward the three policemen. Suddenly three or four policemen came running up behind us. One of them put his arm round my neck and led me toward the checkpoint. In the meantime I saw two policemen arresting two other boys. I know one of them from my school, he's called Malek Gheith and he's younger than me. I don't know the other boy. Later I found out that he goes to al-Hajariyah boys' school.

The policemen took each of us separately to the Pharmacy Checkpoint and handed us over to other policemen who were there. One of the policemen interrogated me in a room at the checkpoint. He wanted me to admit that I'd thrown stones at the policemen by the gate. He banged my head against the wall a few times to force me to confess, but I didn't do so. In the meantime, the policemen at the checkpoint let Malek and the other boy go.

I stayed at the checkpoint for about an hour. Then a policeman handcuffed me and took me in a Border Police jeep to the police station in Kiryat Arba. I waited there for about an hour and then a policeman interrogated me calmly. At first I didn't confess, but then the policeman showed me video where you can see me throwing stones, so I had to confess. I signed my statement. They photographed me and took my fingerprints.

I waited at the police station until about ten o'clock with my hands cuffed. Then a Border Police jeep came and took me to the clinic at Giv'at Haharsinah. An army doctor there asked me about my health and examined me. Then an army jeep drove me to the detention center at Gush Etzion. Warders put me in a room. I was on my own there. They hadn't given me any food up to this point and I didn't sleep well.

The next day I had breakfast. At about ten o'clock they took me in a vehicle for carrying detainees. My hands and legs were shackled with metal cuffs. There were nine other detainees there and they took us to the court at 'Ofer. We got there around noon. Then there was a hearing and the judge decided to let me go on bail of two thousand shekels. My dad arrived late to the hearing and paid bail.

A vehicle took me to the army tower opposite al-'Orub refugee camp. When the vehicle stopped, the soldiers in it took my handcuffs and blindfold off. Then they told me to get out. While I was getting out, one of them hit me hard on my head with his fist. I fell down to the ground. I almost lost consciousness. I recovered quickly and went to a store opposite the tower. The owner called my dad and he came in a friend's car and took me home. Because I'd fallen down it hurt me for about two days and I had some little scratches on my head.

Malek Gheith, 11, a 5th grade student and resident of the Jabal Johar neighborhood, stated in his testimony, collected on 12 Dec. 2018:

I study in the 5th grade at al-Khalil al-Asasiyah elementary school in Hebron. On Wednesday, 5 Dec. 2018, at about half past one, I left school and planned to walk home with my cousin Yusef Gheith, 12, who studies at al-Hajriyah school, so that we could go home together.

Close to the metal gate on a-Sahlah Street, I saw some children throwing stones toward three Border Police officers. I saw 'Abed al-Jalil in the area. He goes to my school. There were a few other kids there. Suddenly about four policemen came up behind us and tried to grab us. I tried to run off but one of the policemen caught me and shoved me. I fell to the ground. The policeman grabbed me and put his arm round my neck. At the same time, I saw another policeman attacking 'Abed al-Jalil.

The policeman led me to the Pharmacy Checkpoint and two policemen took 'Abed al-Jalil there. Another policeman took a boy from al-Hajriyah boys' school. I don't know his name.

At the checkpoint, the officer asked me my name and how old I am and made me give him my parents' names. He asked me whether I'd thrown stones and I denied it. He also asked me whether two of my friends had thrown stones. I told him that I hadn't seen them throwing stones. After an hour, the officer decided to let me go. When I came out I saw my dad and my uncle waiting for me.

Fares a-Rajabi, 58, the father of the minor Amir a-Rajabi, a resident of the Jabal Johar neighborhood, stated in a testimony taken on 26 Dec. 2018:

On 5 Nov. 2018, at about half past one, I was at home when a student from my son's school came and told me that the army had taken Amir to one of the checkpoints. I went straight away to Checkpoint 160 and asked them about my son, but he wasn't there. Then I went to look for him at the Pharmacy Checkpoint and it turned out that he was there.

I saw one of Amir's teachers there talking with the Border Police officers. He explained to them that Amir is a young boy and tried to persuade them to let him go. I also spoke to one of the police officers. I explained that I'm Amir's father and that he's a little boy, and I asked them to let him go.

A first I didn't see Amir. Three of four Border Police officers surrounded me. One of them ordered me to wait. I waited inside the checkpoint. I was really worried. I was afraid they'd send Amir to the police station and arrest him, and then I'd have to pay bail to get them to release him.

After about half an hour, an officer came up to me and told me that he'd let Amir go and that I must explain to him that he shouldn't throw stones. Amir was frightened. He calmed down when he saw me. I held his hand and we left the checkpoint together and went home.