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Violation of the rights of minors in criminal proceedings in East Jerusalem and the Occupied Territories Special Committee for the Rights of the Child | 21/12/2015 | Discussion
ACRI’s position: We are engaged in protecting children’s rights with respect to investigation, arrest and imprisonment. Unfortunately, we repeatedly encounter serious and systematic violations of minors’ rights by law enforcement authorities in East Jerusalem and the Occupied Territories. Following disturbances over the last year, the number of arrests of minors has drastically increased. We do not make light of stone-throwing, however we believe that in order to stop this phenomenon, and to ensure the proper treatment and rehabilitation of young suspects and defendants, action must be taken in accordance with the range of provisions in the Youth Law. This is especially true for minors with no criminal record. These issues are exacerbated by the harsh reality of life in East Jerusalem, where there is a shortage of detention and treatment alternatives for youth. The normative framework of the treatment of minors in criminal proceedings is outlined in the Youth Law. The Law establishes norms and rules for detention and the interrogation of minors that are aimed at improving the protection of the child’s rights and to ensure that the they will not be detained or investigated as adults, but instead in accordance with their special needs. These norms should guide the practices of the police, the prosecution and the judiciary towards minors. In practice, these provisions have been eroded, and in many cases rendered meaningless when it comes to minors in East Jerusalem. Palestinian minors in the Occupied Territories are subject to a military legal regime, which is reflected in military legislation. Over the years there have been significant amendments to the military legislation concerning the rights of minors involved in criminal proceedings in the Territories. Despite these changes, minors’ rights are still being regularly and systematically violated by the military justice system at all stages of criminal proceedings, both in legislation and in practice. Please click here to read about ACRI’s position on the imprisonment of youth under the age of 14. |
| The Transparency Bill
The Ministerial Committee for Legislative Affairs | 27/12/2015 | Determining the position of the government
ACRI’s position: The Ministerial Committee for Legislative Affairs has proved once again that there is more support for silencing criticism than for democracy. On Sunday they approved the controversial “Transparency Bill.” The alleged purpose of the bill is to promote greater transparency of organizations that receive funding from “foreign government entities”; due to fear that these entities interfere in the internal affairs of the country. However in reality the whole purpose of the bill is to harass anyone who expresses strong opposition towards government policy. In passing the bill, the ministers have violated the freedoms of expression, protest and association. Senior politicians, legal experts and major supporters of Israel overseas have opposed the bill. The bill significantly undermines equality, because it imposes different rules on non-profit organizations that receive specific types of funding. There have been strict transparency requirements in place for many years with respect to NGOs receiving donations and contributions from foreign government entities in particular. The bill only focuses on this type of funding and ignores private donations (which are in fact much larger), and no less important to disclose to the public. We believe that this bill is an attempt to politically harass, mark out and delegitimize organizations that the government dislikes. For further information please click here.
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| The fight against terrorism – The crime of incitement The Knesset Constitution, Law and Justice Committee | 28/12/2015 | Preparation for second and third readings At a meeting this week, the Committee discussed proposals to broaden definitions and increase the punishments available for terrorism-related offenses. The Ministry of Justice suggested, among other things, to increase the penalty for the offense of “incitement to terrorism” so that a call to commit a terrorist act would be punishable with up to five years in prison; even if there is no concern that the incitement would indeed be followed by an act of violence or terrorism. ACRI’s position: ACRI is opposed to the proposal. There is no dispute that a direct call to carry out an act of violence or terrorism is particularly serious and reprehensible. Nevertheless, there is no need to interpret an expression as a call to terrorism in cases where there is no concern that the call will lead to a practical act. ACRI has demanded that a condition requiring a causal connection between the call and a possible terrorist act, should only be omitted in cases where the incitement is explicit or direct. |
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ACRI Human Rights Report
In honour of International Human Rights Day, ACRI published its annual Human Rights Report 2015.
The report reveals alarming trends over the last year: human rights violations have increased, the methods of operation previously used only in the West Bank were also adopted Israel and East Jerusalem, and more and more groups within Israeli society are experiencing human rights violations.
Please click here for more information and to read the report in English and inHebrew. |
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In the Spotlight Shin Bet announces ‘development’ in Duma investigation20 December 2015 – Times of Israel
“[Agriculture Minister] Ariel said that while “no one disputes” that the Duma attack and the suspicions against the detainees were severe, the accounts by the detainees’ lawyers — including of blows to sensitive organs and denial of sleep — are “chilling and raise the suspicion that severe physical torture took place,” Israel Radio reported.In a Friday tweet, ACRI said, “The report by the lawyers of the suspects in the Duma terror attack regarding the suspects’ interrogation by the Shin Bet raises serious suspicions that illegal methods of interrogation were employed, such as resorting to physical force.”The group added in a second tweet: “We would like to remind you that a High Court of Justice ruling [forbidding] the use of torture was won by ACRI, the Public Committee Against Torture in Israel and the Hotline for Civil Rights and was based, among other sources, on reports by B’Tselem.” |
