Arrests Ordered by Governors also against Children!

Date 2018-05-23

LOCATION West Bank

Legal memo to:
His Excellency Attorney General, Dr. Ahmad Barrak

Complaint from:
Rafiq Younis Mohammad Maraba’a

Subject:
“Arrests Ordered by Governors also against Children”

Memo date:
23/05/2018

Brief description:
On 09/05/2018, MUSAWA received a complaint stating that two of his nephews, the child … (16 years old) and the child … (17 years old), were detained upon orders from the governor. The former was kept in custody for 28 days, and the latter for 50 days. The two children were charged with throwing stones at a house. The complainant added that the procedures of the investigation were conducted without the presence of their parents, lawyer, or the child protection counselor. The complainant also reported that the interrogators used means of intimidation and threatened the children during interrogation in an attempt to force them into the admission of guilt. In addition, one of the children reported that he was beaten during interrogation. Eventually, the two children forcibly admitted to throwing stones at the said house.

MUSAWA’s intervention:
In view of what has been said, MUSAWA believes that what has been reported, if true, involves a blatant violation of the Basic Law and the Penal Procedures Law, which forbid arrests ordered by governors. Furthermore, this infringes the decree-law on the protection of juveniles, particularly Article (18) which states that in the case of juvenile arrests in flagrante delicto, they shall be handed over immediately to the juvenile police, their guardian as well as the child protection council must be duly informed of the arrest, and the arrested juvenile shall be presented to the juvenile prosecution within a period of 24 hours from the moment of arrest.

The arrest of children based on orders from governors violates the national legislation as well as the international treaties Palestine has acceded to. Accordingly, MUSAWA demanded that an investigation be held in the circumstances of the arrest of the two children, and that the violators of the rights of the children, both physical and psychological, be held accountable.