Israele : detenzione illegale di un ragazzino palestinese di 13 anni in pigiama e in pantolfole
Yossi Gurvitz di Yesh Din
Soldiers detain a child in his pajamas and slippers, harshly interrogate him…
972mag.com|Di +972 Magazine
J., un ragazzo palestinese di13 anni , vive nel villaggio cisgiordano di Al-Janiya. Una mattina fredda, all'inizio del dicembre scorso, con indosso pigiama e pantofole , lascia la sua casa per andare a raccogliere oggetti per la festa di fidanzamento di un suo parente . E' accompagnato da A., un bambino di sei anni Quando arrivano vicino a un grande albero , diversi soldati saltano a loro addosso cominciando a picchiarli . L'alterco attira l'attenzione di un adulto che inizia a urlare contro i soldati. I soldati rilasciano A.,ma non J.
La madre di J.,subito accorsa, cerca di liberare il bambino In risposta uno dei soldati le preme la canna del fucile sul petto. La madre che è malata , perde conoscenza. Nel caos che ne segue , i soldati sparano proiettili di gomma e lanciano gas lacrimogeni . J è portato via .
Nel frattempo, a casa, il padre di J. sente la notizia dai bambini in lacrime. Lui ed i suoi parenti trascorreranno le successive ore nel disperato tentativo di parlare con il palestinese Distretto Ufficio di coordinamento (DCO) per cercare di scoprire dove sia il figlio .
J. è portato in una base militare, dove - come ha poi raccontato - i soldati lo bendano, gli legano le mani e lo picchiano con il calcio del fucile. I soldati gli intimano di ammettere di aver lanciato pietre. J. nega l'accusa mostrando che lui era in pigiama e in pantofole. Uno dei soldati lo minaccia : non sarebbe stato rilasciato se non avesse confessato.
La tattica di portare i bambini lontano dalle loro case, di esigere che essi stessi si accusini e di negare l'accesso ai loro genitori non è una novità. Nel 2011,B'Tselem ONG ha pubblicato un rapporto intitolato " No Matter Minor ", che documenta questo fenomeno. La relazione ha rilevato che i bambini, isolati e spesso torturati, sono costretti ad accettare un accordo kafkiano: confessare e incriminare gli altri per essere rilasciati immediatamente; o rifiutare e rimanere in stato di detenzione. Dal momento che i bambini non hanno vicino nessun adulto o un avvocato da consultare molti credono a ciò che viene detto loro.
Così incriminano se stessi e gli altri.IL rapporto di B'Tselem ha scoperto che su 835 minori palestinesi, solo uno è stato assolto. Si noti che in Israele i genitori di un minore detenuto devono essere informati della detenzione (la loro presenza in un interrogatorio è obbligatoria), e l'interrogante deve essere qualificato. Tali diritti non ci sono per i palestinesi in Cisgiordania. Ogni soldato può quindi interrogare .
Eppure, nonostante tutto, J. ha rifiutato di confermare le accuse contro di lui e ha continuato a proclamare la sua innocenza. A loro volta i suoi carcerieri hanno aumentato la pressione. Afferma di essere stato messo in una stanza fredda con il condizionatore d'aria completamente aperto e si gelava . Non sa quanto tempo è stato lasciato lì . La benda gli ha fatto perdere il senso del tempo Visto che non confessava, i soldati lo hanno portato fuori dalla stanza, lo hanno ammanettato in modo particolarmente doloroso e CONDOTTO in una base militare diversa consegnandolo alla polizia.
Dopo 12 ore è 'stato poi consegnato alla polizia palestinese ed è tornato a casa. J. non è stato convocato per un secondo interrogatorio; ha semplicemente lasciato la sua casa una mattina fredda in pigiama e pantofole, ha incontrato alcuni soldati israeliani, è stato catturato, picchiato e rilasciato. 12 ore è il massimo di tempo consentito per trattenere un minore senza l'autorizzazione.
Quindi qui abbiamo questo episodio : un minore sparisce per 12 senza che la sua famiglia,in preda al panico, sia informata .
All'inizio di gennaio, Yesh Din ha presentato una denuncia per conto del padre di J. al Ministero degli Affari della IDF. Purtroppo , da precedenti esperienze, sappiamo che la denuncia scomparirà nel nulla
In primo luogo l'accusa avrà un paio di mesi, forse anche un anno o più per pensarci .Evidentmente dopo tanto tempo chiuderà il caso senza indagare, oppure invierà il rapporto alla polizia militare che sicuramente non si affretterà
Il tempo permetterà ai soldati responsabili di evitare la giustizia militare. Sarà anche offuscata la memoria di tutti i soggetti coinvolti:" Tu dici che abbiamo trattenuto un ragazzo in pantofole due anni fa? Davvero non ricordo". Il ragazzo non potrebbe identificare i militari che lo hanno picchiato perchè era bendato
Quindi l'accusa militare deciderà dopo tre o quattro anni che qualcosa può essere accaduto e potrebbe essere stato improprio, forse anche deplorevole,ma non c'è nulla che si possa fare ora.
Abbiamo visto tante volte questo scenario Quando si tratta di inazione, il sistema investigativo militare è brillante se si tratta di incriminare criminali che danneggiano i palestinesi
Scritto da Yossi Gurvitz nella sua qualità di un blogger per Yesh Din ,
Soldiers detain a child in his pajamas and slippers,
harshly interrogate him without a parent or attorney present, and then
release him 12 hours later as if nothing ever happened. We can already
tell you what the military’s investigation will look like.
By Yossi Gurvitz, written for Yesh Din
J., a 13-year-old Palestinian boy, lives in the West Bank village of Al-Janiya. One cold morning in the beginning of last December, wearing pajamas and slippers, J. left his house and went to collect items for his relative’s engagement party. A large carob tree stood nearby to where he went for the errand. J. was accompanied by A., a six-year-old child.
As J. would later describe it, upon reaching the tree, several
soldiers jumped on the children and began hitting them. The altercation
attracted the attention of an adult, who arrived and began yelling at
the soldiers. The soldiers released A. but held onto J.
J.’s mother rushed to the scene and tried to dislodge the child from their grasp. In response, one of the soldiers pressed his rifle barrel to her chest. The mother, who suffers from a medical condition, lost consciousness. In the ensuing chaos, the soldiers threw stun and tear gas grenades, taking off in a vehicle with J.
Meanwhile, at home, J.’s father heard the news from children who came to his door in tears. He and his relatives would spend the next few hours in desperate attempts to talk to the Palestinian District Coordination Office (DCO) to try and find out where his son was.
J. was first taken to a military base, where – as he later described – the soldiers blindfolded him with a gun cloth, and then tied his hands and beat him with their rifle butts. The soldiers demanded he admit to throwing stones. J. denied the allegation, pointing to the fact he was in pajamas and slippers. One of the soldiers threatened that he would not be released unless he confessed.
The tactic of taking children away and demanding they incriminate themselves, while isolating and denying them access to their parents is nothing new. In 2011, Israeli human rights NGO B’Tselem published a report titled “No Minor Matter,” which documented this phenomenon. The report found that the children, isolated and often tortured (yes, the beating of defenseless children may in some cases amount to torture), are required time and again to agree to a Kafkaesque deal: confess and incriminate others and be released immediately; or, refuse and remain in detention. Since the children have no adult or lawyer to consult with, and because 13-year-olds are rarely human rights scholars, many believe what they are told.
The result is often coerced incrimination, of themselves and others. And there is almost no exit route from a confession in what we usually call the justice system: B’Tselem’s report found that out of 835 indictments of Palestinian juveniles, only one was acquitted. Note that in Israel, parents of a detained juvenile must be informed of the detention (their presence in an interrogation is mandatory), and the interrogator must be a trained juvenile interrogator, there are no such rights for Palestinians in the West Bank. Any soldier may thus serve as an interrogator.
Yet despite it all, J. refused to confess to the allegations against him and continued pleading his innocence. In turn, his captors increased the pressure. He says he was put in a cold room with the air conditioner fully on. He does not know how long he was left there – a blindfold will cause the loss of sense of time – but he was freezing. That didn’t work either, so the soldiers later took him out of the room, handcuffed him in a particularly painful way, trussed him in a car and drove to a different military base where they delivered him to the police. “There they did not beat me,” J. said.
The time was around 8:30 p.m., some 12 hours since J. was kidnapped by the IDF, at least as far as he and his family were concerned, since they had no idea where he was. He was then turned over to the Palestinian DCO and went home. J. was not summoned for a second interrogation; he simply left his home one cold morning in pajamas and slippers, ran into some IDF soldiers, was captured, beaten, and released. There is no discernable process here. Suspiciously, J. was released after precisely 12 hours – the maximum length of time soldiers may detain a juvenile without having to obtain authorization.
So here we have here an incident of disappearing a juvenile without informing his family — who is now looking for him in a panic — which ends suddenly after 12 hours. What was the point? It’s unclear. No one said anything.
In the beginning of January, Yesh Din filed a complaint on behalf of J.’s father with the IDF’s Operation Affairs Prosecutor. From previous experience, unfortunately, we can even chart the complaint’s future route and ultimate demise:
First, the prosecution will take a few months, perhaps even a year or more, to think it over. Was a crime committed? Is there truly a need for an investigation? After who-knows-how-many-months, when becomes clear to all that there is no chance of an actual investigation, the prosecution will either close the case without investigating it, or send it to the Military Police Criminal Investigations Division (MPCID), which will also take its time.
The passing time will allow the soldiers responsible for the act to be discharged, thereby avoiding military justice. It will also cloud the memory of everyone involved. You say we detained some kid in slippers two years ago? I really don’t remember, the soldier will say. And he truly won’t. But wait a minute – could the kid even identify those who beat him? He had a blindfold over his eyes, did he not?
So the military prosecution will decide in three or four years that something may have happened. And it may have been improper, possibly even lamentable. Perhaps we should even condemn it, and at one point there may have been a time for some judicial action, but there is nothing we can do about it now. And anyway, we haven’t the foggiest idea who was involved.
We have seen all of these excuses. When it comes to inaction, the military investigative system is brilliant. When it comes to indicting criminals who harm Palestinians – unless they harm the army’s own effectiveness – much less so.
Written by Yossi Gurvitz in his capacity as a blogger for Yesh Din, Volunteers for Human Rights. A version of this post was first published on Yesh Din’s blog.
By Yossi Gurvitz, written for Yesh Din
J., a 13-year-old Palestinian boy, lives in the West Bank village of Al-Janiya. One cold morning in the beginning of last December, wearing pajamas and slippers, J. left his house and went to collect items for his relative’s engagement party. A large carob tree stood nearby to where he went for the errand. J. was accompanied by A., a six-year-old child.
J.’s mother rushed to the scene and tried to dislodge the child from their grasp. In response, one of the soldiers pressed his rifle barrel to her chest. The mother, who suffers from a medical condition, lost consciousness. In the ensuing chaos, the soldiers threw stun and tear gas grenades, taking off in a vehicle with J.
Meanwhile, at home, J.’s father heard the news from children who came to his door in tears. He and his relatives would spend the next few hours in desperate attempts to talk to the Palestinian District Coordination Office (DCO) to try and find out where his son was.
J. was first taken to a military base, where – as he later described – the soldiers blindfolded him with a gun cloth, and then tied his hands and beat him with their rifle butts. The soldiers demanded he admit to throwing stones. J. denied the allegation, pointing to the fact he was in pajamas and slippers. One of the soldiers threatened that he would not be released unless he confessed.
The tactic of taking children away and demanding they incriminate themselves, while isolating and denying them access to their parents is nothing new. In 2011, Israeli human rights NGO B’Tselem published a report titled “No Minor Matter,” which documented this phenomenon. The report found that the children, isolated and often tortured (yes, the beating of defenseless children may in some cases amount to torture), are required time and again to agree to a Kafkaesque deal: confess and incriminate others and be released immediately; or, refuse and remain in detention. Since the children have no adult or lawyer to consult with, and because 13-year-olds are rarely human rights scholars, many believe what they are told.
The result is often coerced incrimination, of themselves and others. And there is almost no exit route from a confession in what we usually call the justice system: B’Tselem’s report found that out of 835 indictments of Palestinian juveniles, only one was acquitted. Note that in Israel, parents of a detained juvenile must be informed of the detention (their presence in an interrogation is mandatory), and the interrogator must be a trained juvenile interrogator, there are no such rights for Palestinians in the West Bank. Any soldier may thus serve as an interrogator.
Yet despite it all, J. refused to confess to the allegations against him and continued pleading his innocence. In turn, his captors increased the pressure. He says he was put in a cold room with the air conditioner fully on. He does not know how long he was left there – a blindfold will cause the loss of sense of time – but he was freezing. That didn’t work either, so the soldiers later took him out of the room, handcuffed him in a particularly painful way, trussed him in a car and drove to a different military base where they delivered him to the police. “There they did not beat me,” J. said.
The time was around 8:30 p.m., some 12 hours since J. was kidnapped by the IDF, at least as far as he and his family were concerned, since they had no idea where he was. He was then turned over to the Palestinian DCO and went home. J. was not summoned for a second interrogation; he simply left his home one cold morning in pajamas and slippers, ran into some IDF soldiers, was captured, beaten, and released. There is no discernable process here. Suspiciously, J. was released after precisely 12 hours – the maximum length of time soldiers may detain a juvenile without having to obtain authorization.
So here we have here an incident of disappearing a juvenile without informing his family — who is now looking for him in a panic — which ends suddenly after 12 hours. What was the point? It’s unclear. No one said anything.
In the beginning of January, Yesh Din filed a complaint on behalf of J.’s father with the IDF’s Operation Affairs Prosecutor. From previous experience, unfortunately, we can even chart the complaint’s future route and ultimate demise:
First, the prosecution will take a few months, perhaps even a year or more, to think it over. Was a crime committed? Is there truly a need for an investigation? After who-knows-how-many-months, when becomes clear to all that there is no chance of an actual investigation, the prosecution will either close the case without investigating it, or send it to the Military Police Criminal Investigations Division (MPCID), which will also take its time.
The passing time will allow the soldiers responsible for the act to be discharged, thereby avoiding military justice. It will also cloud the memory of everyone involved. You say we detained some kid in slippers two years ago? I really don’t remember, the soldier will say. And he truly won’t. But wait a minute – could the kid even identify those who beat him? He had a blindfold over his eyes, did he not?
So the military prosecution will decide in three or four years that something may have happened. And it may have been improper, possibly even lamentable. Perhaps we should even condemn it, and at one point there may have been a time for some judicial action, but there is nothing we can do about it now. And anyway, we haven’t the foggiest idea who was involved.
We have seen all of these excuses. When it comes to inaction, the military investigative system is brilliant. When it comes to indicting criminals who harm Palestinians – unless they harm the army’s own effectiveness – much less so.
Written by Yossi Gurvitz in his capacity as a blogger for Yesh Din, Volunteers for Human Rights. A version of this post was first published on Yesh Din’s blog.
For additional original analysis and breaking news, visit +972 Magazine's Facebook page or follow us on Twitter. Our newsletter features a comprehensive round-up of the week's events. Sign up here.
Commenti
Posta un commento