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| The Israeli army often detained Palestinian children and drag them into custody as a prisoner of war. Not infrequently, they even use the prisoners as human shields, a cruel Zionist forces. |
Ma'ariv daily, the Hebrew-language newspaper, wrote that "From now on, Palestinian children will be brought before military judges under the new structure of the special military courts to punish the majority of children under age to avoid new situations recently in which children have been brought to court-martial usual. "
The punishment meted out to children under the age of legal majority in the regular military court contravenes the Convention on the Rights of the Child, which Israel ratified in 1991.
The establishment of Israel was announced by judge Lt. Col. Aharon Mishnayot.
An inauguration ceremony for military tribunals of the new kids held on Sunday at the Ofer prison in the West Bank, according to Ma'ariv.
According to the branch organization Defence for Children International (DCI) Palestine, on average 9,000 people who were tried in two Palestinian Israeli military courts in the West Bank every year, among them an average of 700 children, some of them as young as 12.
Since Israel occupied the Palestinian territories 42 years ago, Palestinian children are tried in military courts have the same as adults. More than 700 Palestinian children are prosecuted in Israeli military courts each year and the most common charge is throwing stones. This includes throwing stones at the Wall.
They were interrogated in the absence of a family member. The majority of these children reported to have been tortured and forced to give a confession during interrogation, which is not yet recorded in the video, as recommended by the UN Committee Against Torture in May 2009.
On July 29, 2009, Gadi Shamni, General in the Israel Defense Forces and the Chief of the Military Command Center today signed an Order number 1644. Define the sequence "instance military court for youth, led by a juvenile court judge or by a panel led by a juvenile court judge."
There are currently 342 Palestinian children in Israeli prisons, which are generally held in inhumane conditions, with adult detainees and prisoners sometimes with Israel who has committed a crime. Israeli courts never gave special consideration for Palestinian political prisoners under the age of, and ignore the fact that the majority of the "confessions" were extracted under torture and persecution.
According to Order No. 1644 Israeli military "chief military Court of Appeal shall appoint judges of the first instance court in military courts. Judges should be ready to be competent for the post of chief juvenile judge after the approval of the Court of Appeal to be appointed as a judge for the term young time, which have been identified. "
The order also asks the court session the children will be "as much as possible apart" from the ordinary court, and let the youth court to prosecute a welfare report on the defendant's family from the Civil Administration "if the court believes it is necessary to determine the small decisions".
Although, it is the first decision ever made in the jurisdiction of the kids, no essential changes in sentencing practices. However, according to Israeli Military Order # 132 on "judging juvenile delinquents" The Israeli authorities recognize three categories of minors: the category of "child" is less than 12 years, a "youth" between 12 and 14, and "young adults "between 14 and 16.
While Israeli law reached adulthood at the age of 18 years, the population occupied Palestinian Territory at the age of 16 years are treated as adults. It is illegal under the UN Convention on the Rights of the Child, which calls for 18 years as the minimum age a person can be held responsible for criminal acts as adults, which Israel is a signatory. Recent legislation raises many doubts in reliability, some critics regard it as a veneer to respect international law.
"After reading the order I can say that there is nothing new," said Khaled Quzmar, an advocate with the Israelis and the Palestinians of Defence for Children International (DCI). 'They just playing with words and trying to make cosmetic changes are not useful to hide the reality of the military system itself. Military order also gives extraordinary powers to the military prosecutor who can give permission to waive a series of clauses in itself warrant ". For forty-two years of living under Israeli military rule there is no system of protection for young Palestinians. Military commanders have great power to create new commands and treat Palestinian children in accordance with their wishes.
"The question is whether the people who caught the kids and deal with minors in court acting in a professional capacity that are informed by international law regarding minors." said Limor Yehuda, a lawyer with the Association for Civil Rights in Israel. Defence for Children International-Palestine have the same concerns. No further information is provided to explain how to anticipate the military court judges are suitably qualified to adjudicate cases involving children aged 12 years. '
DCI-Palestine adding "Military Order 1644 exempts all hearings to determine whether a child should be kept in pre-trial detention until the end of the legal process requirements should be heard before a 'juvenile judge'." In the end, it seems that the real problem is not the young Palestinian stone-throwers, but the long-ketatlah military regime rejected these children.
Source: Reuters
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