24 août 2010

DCI/PS

2010/08/23

Complaints filed against army and police for sexual assault



[23 August 2010] - On 15 August 2010, DCI-Palestine and the Public Committee Against Torture in Israel (PCATI) submitted complaints against the Israeli army and police interrogators for the ill-treatment and sexual assault of a 15-year-old Palestinian boy.

At around 1:30am, on 25 May 2010, units of the Israeli army entered the Palestinian village of Beit Ummar, half-way between Bethlehem and Hebron, and arrested A., on suspicion of having thrown stones at some unspecified time (Voices from the Occupation and Ha'aretz Newspaper). A.'s hands were tied behind his back and he was blindfolded, before being placed on the floor of a military vehicle and transferred to the Etzion Interrogation and Detention Centre, inside the Israeli settlement of Gush Etzion, in the Occupied Palestinian Territory. During his subsequent interrogation, A. reports that his interrogator attached a pair of car battery jump leads to his genitals and threatened to electrify the cable. Shortly after this occurred, A. confessed to throwing stones on two occasions. A. was later brought before an Israeli military court and released on bail on 1 June 2010.

Following a report of the incident appearing in Ha'aretz Newspaper, lawyers for DCI-Palestine were contacted by the Israeli authorities and asked to arrange for A. to present himself alone, at Etzion Interrogation and Detention Centre, on 18 August 2010, for an interview as part of the investigation into the allegations. Lawyers for DCI-Palestine and PCATI have advised A. not to cooperate with the investigation unless he can be accompanied by a lawyer of his choosing. DCI-Palestine and PCATI insist that A. be accompanied by a lawyer during the investigation process, for the following reasons:

  • Under Israeli law, victims of violent crime, including sex crimes, are entitled to be accompanied by a lawyer during the investigation, unless the investigating officer reasonably believes that this could hinder the investigation. The Israeli authorities have provided no credible reasons as to why, in this case, a lawyer should not be present.

  • It is unreasonable of the Israeli authorities to request that a 15-year-old Palestinian boy living under military occupation, attend an interview with the authorities alone, and in the absence of a lawyer of his choice.

  • It is unreasonable and insensitive of the Israeli authorities to request that a 15-year-old Palestinian boy living under military occupation, who alleges, inter alia, that he was sexually assaulted, attend an interview at a location where the assault is said to have taken place, alone, and in the absence of a lawyer of his choice.

DCI-Palestine and PCATI insist that all Palestinians submitting complaints against Israeli authorities alleging serious criminal activity by occupying forces, be entitled to the presence of a lawyer of their choice during the investigation process. The filing of this complaint and the ongoing abuse of Palestinian children in detention was recently reported in Ha'aretz Newspaper.

Copyright © 2010 DCI/PS.

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