In recent months there have been many cases in which minors aged 12-15 from Silwan, in East Jerusalem, were arrested in the middle of the night by police officers and Israel Security Agency agents accompanied by armed border policemen. The minors were taken out of their beds and brought to the police station in the Russian Compound, in West Jerusalem. Some of them were brought handcuffed, and none of the parents were allowed to accompany them. At the station, the minors were interrogated on suspicion of stone throwing. According to testimonies that some of them gave to B’Tselem, the interrogators beat and threatened them. The series of arrests was apparently carried out in light of the ongoing friction between residents of Silwan and the settlers in nearby Beit Yehonatan and security personnel guarding it, in which context Palestinian children in the neighborhood throw stones at the building. In his testimony to B’Tselem, Muhammad Dweik, 12, described his arrest in the middle of the night:
Lu’ai a-Rajabi, 14, told B’Tselem about his arrest and interrogation on 10 January 2010:
The next day, a-Rajabi was brought before a Magistrates Court judge, who extended his detention to an entire week. Ahmad Siyam, 12, was also arrested on 10 January. In his testimony, he related how he waited for the interrogation to begin at the Russian Compound.
Mahmoud Gheith, 14, was arrested under similar circumstances in November 2009. He told B’Tselem that he was released from detention with a restraining order requiring him to stay away from his house for one month.
After they released me, I was under house arrest at my uncle’s house in Beit Hanina. They ordered me to stay away from home for a whole month. On the ‘Eid al-Adha festival, they let me go home to Silwan for four days. My uncle had to drive me to school in Silwan. On days when he couldn’t take me, I didn’t go to school.” The authorities’ treatment of these minors completely contravenes the Youth Law, as amended in 2008 (Amendment No. 14). Under the Law, a minor who is suspected of committing a criminal offense is entitled to consult with a parent or another relative prior to being interrogated, and to have the parent or relative present at the interrogation. The Law also generally prohibits interrogating a minor at night and states that a minor should not be arrested if the objective can be achieved in a less harmful way. In the present case, some of the parents were willing to undertake to bring the minors in for interrogation in the morning, and there was no need for the night arrests. These actions by the authorities severely violated the human rights of the minors, all of whom are Israeli residents. There is no logic to conducting a military-style arrest operation in the middle of the night, with the aim of interrogating children suspected of throwing stones, and this course of action cannot be justified on any grounds. It is hard to believe that the security forces would have acted similarly against Jewish minors. B’Tselem sent urgent letters to the Jerusalem District Police Commander, Maj. Gen. Aharon Franco, and to the head of the Department of the Investigation of Police, Herzl Shviro, demanding that police, ISA, and Border Police operations to detain minors in Silwan cease. If any child from the neighborhood is suspected of having committed a criminal offense, he can be summoned for questioning in the presence of an adult on his behalf. Also, the questioning must be conducted by youth interrogators.
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