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Ill treatment of a minor in detention: the case of MA
8435/12 | documents: 1  |  Updates: 3 At 08:00 a.m. of November 20, 2012, a 16-year-old Palestinian youth from the district of Hebron arrived at Etzion Police Station after he was summoned for interrogation. The youth, who was injured in his leg and using crutches, arrived there with his father, who had just taken him out of hospital before the end of his hospitalization period, as demanded by security officials. The father was not told that his son was about to be arrested, and after the arrest, the family was not notified of the son's whereabouts. The father asked HaMoked to assist in locating the minor, but, in response to HaMoked's query, the military failed to provide any information concerning the boy's whereabouts.

After MA was missing for more than 24hrs, HaMoked filed an urgent petition for a writ of habeas corpus to the High Court of Justice, to order the State to reveal MA's whereabouts. That same day, the State informed that the minor was being held at Ofer Detention Facility, but Ofer Facility informed HaMoked that MA was not registered or kept there. In the hearing, conducted on the following day, over 48 hours into MS's disappearance, the State representatives admitted they still did not know where the minor had been held.

In the days he was held by the security forces without being registered as a detainee, MA underwent an ordeal of abuse and torture: first, he was interrogated at the police station by four interrogators of the Israel Security Agency (ISA), for five consecutive hours. The interrogators beat him, cursed him, threatened him, and refused to provide medical treatment for his leg injury. Needless to say, he was not allowed to confer with counsel.

At the end of the interrogation, soldiers transported him to a nearby military base, where he was kept for over 24hrs in a kitchen, with his hands tied behind his back. At night, he slept, with blindfolded eyes, on the exposed kitchen floor, without a mattress or a blanket. Despite his requests, the soldiers gave him no food, and only twice gave some water to drink, and this only when they relented to his entreaties to go to the toilet.

On the second night, his medical condition growing worse, MA was taken to Hadassah Hospital in Jerusalem. After he received hospital treatment, MA was taken back to the military base, and then taken to another base, where he was kept handcuffed, seating on a chair, outside in the open. No one spoke to him or explained what the military intended to do with him. The only person who addressed him after a fashion was the guard at the entrance to the base: the guard cursed and threatened MA, and applied pressure to his injured leg. Only 60hrs after he was taken into custody, MA was brought before a military judge; only then, for the first time since his arrest, MA was given a meal, and his family was informed of his whereabouts.


HCJ 8435/12 - M. Abu Sal v. Commander of the Israeli Military Forces in the West Bank et al. Petition for Writ of Habeas Corpus
Petition to HCJ  |  8435/12  |  21.11.2012
Updates
27.11.2013
After Court opts not to instruct the State to make changes in the protocols governing registration and reporting of Palestinian detainees, including minors, Palestinians continue "disappearing" without any notice given to their families
9.9.2013
Though Palestinian detainees continue to "disappear" and their families receive no notification regarding their whereabouts: the court refuses to instruct the state to change the protocol governing registration of detainees and notification of their arrest
23.11.2012
HaMoked to the HCJ: instruct the state to inform the family of an injured Palestinian minor of his location. The HCJ ordered the state to submit a general response on notification of place of detention to detainees' families
mail@hamoked.org.il (02) 627 1698   (02) 627 6317

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