Israel/OPT
27.04.01
Urgent Interventions

Israel: solitary confinement of 17-year old girl

Case ISR 251199.5.CC
Fifth Follow-up of case 251199.CC
CHILD CONCERN

27th April 2001

The International Secretariat of OMCT has received new information regarding the following situation Israel.

New Information

The International Secretariat has been informed by a reliable source that 17-year old Su’ad Hilmi Ghazal, currently detained in Ramle (Neve Tertze) prison, was subject to detention in isolation and restriction of her right to receive parental visits.

According to the information received, on 17 April 2001, an attorney from Defence for Children International/Palestine Section (DCI/PL) visited Ramle prison. One week prior to the attorney's visit, an altercation occurred between the prisoners, resulting in a large show of force by prison guards armed with riot gear. Subsequently, three of the female detainees, including Su'ad, were placed in separate isolation cells for a period of 4 days. The isolation cells are two meters square including an open toilet. During these four days, they were allegedly prevented from any contact with others and prohibited from leaving the cell.

The same source reported that during the period of isolation, the personal possessions of the prisoners were confiscated by the prison administration, including clothes, educational materials, cooking equipment, televisions and radios. After the isolation period, the prisoners have been restricted to a maximum of one hour of outside time per day. Prior to the incident they were allowed around 3 hours outside daily.

The DCI/PS attorney allegedly reported that upon applying for permits to visit the prison, the permit of Su'ad’s mother was refused, while that of her father was approved. This constitutes a reversal of the previous pattern wherein Su'ad's father had been prohibited from visiting on numerous occasions, while her mother has received several permits to visit Su'ad in prison.

OMCT views with extreme concern the situation of Su’ad Hilmi Ghazal and recalls that as a State party to the Convention on the Rights of the Child (CRC), Israel is bound to uphold the articles contained therein. Article 37 of the CRC states that "Every child deprived of liberty shall be treated with humanity and a respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age (…) and shall have the right to maintain contact with his or her family through correspondence and visits…".

OMCT furthermore highlights that, according to the UN Rules for the Protection of Juveniles Deprived of their Liberty, solitary confinement of juveniles as a disciplinary confinement constitutes a cruel, inhuman or degrading treatment and should be prohibited.

Brief remider of the situation

Su’ad Hilmi Ghazal, 17 years old, was sentenced on 21st January 2001 to 6 ½ years in prison, and 8 subsequent years of probation for the charge of stabbing a settler. According to the information, Su’ad received a sentence far greater than the maximum sentence of 3 years given previously to Palestinian minors tried for the same offence.

Su’ad Ghazal was arrested on 13 December 1998 (aged 15) from Sebastia village near Nablus, and has spent most of the past two years inside the women’s section of Neve Tertze (Ramle) prison without a trial.

In August 2000, the International Secretariat of OMCT expressed its grave concern for the physical and psychological integrity of Su’ad Hilmi Ghazal, based on reports received regarding her health in Ramle Prison.

According to the information, Su’ad’s last court hearing in March 2000 was postponed and a 15th June 2000 deadline set by which time Su’ad was to be examined by a third psychiatrist, after which a comprehensive report on her condition was to be submitted to the court.

Previously, Dr Mahmud Sehwail examined Su’ad on 10th February 2000 and issued a report stating that she was unfit to stand trial and in need of psychiatric treatment and that further detention will exacerbate her condition. Su’ad has been examined so far by three psychiatrists. According to the Defense for Children International – Palestine Section (DCI-PS) attorney, who regularly visits Su’ad, she suffered from headaches and pain in her joints and ears.

Actions requested

Please write to the authorities in Israel urging them to:

i. guarantee the physical and psychological integrity of Su'ad Hilmi Ghazal at all times and ensure continued access to medical care;
ii. ensure Su’ad Hilmi Ghazal has the right not to be subject to solitary confinement at any time;
iii. ensure Su'ad Hilmi Ghazal has the right to be treated with humanity and respect for her dignity, to maintain contact with her family and to be separated from adult prisoners, unless it is in her best interest not to do so;
iv. guarantee all human rights and fundamental freedoms in accordance with international human rights standards, particularly the Convention on the Rights of the Child, ratified by Israel.

Addresses

Ariel Sharon, Prime Minister, Office of the Prime Minister, 3 Kaplan Street, Jerusalem 91007, Israel. Fax:(+ 972 2)566 48 38 / 691 79 15 E-mail: pm@pmo.gov.il or feedback@pmo.gov.il

Meir Shitrit, Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91029, State of Israel. Fax:(+ 972 2) 62 8 54 38 or Fax: ++ 972 2 628 8618 Email: sar@justice.gov.il

Binyamin Ben-Eliezer, Minister of Defense, Ministry of Defense, 7 "A" Street, Hakirya, Tel Aviv, Israel. Fax:(+972-3)691 69 40, e-mail: sar@mod.gov.il

Eli Yishai, Minister of the Interior, Ministry of the Interior, Fax: 00972 2 670 1411 Email: sar@moin.gov.il

Minister of Police, Ministry of Police, PO Box 18182, 3 Sheikh Jarrah, Kiryat Hamemshala, Jerusalem 91181, State of Israel. Fax:(+ 972 2)582 67 69

Shimon Peres, Minister of Foreign Affairs, Ministry of Foreign Affairs, Fax:(+ 972 2) 530 3704
E-mail: sar@mofa.gov.il

The Supreme Court of Justice, Kiryat Ben Gurion, Jerusalem, Israel. Fax: (+ 972 2) 652 71 18

Uzi Landau, Minister of Internal Security, Ministry of Internal Security P.O Box 18182, 3 Sheirkh Jarrah, Kiryat Hamemshala jerusalem, 91181, Israel. Fax: (+ 972 2) 582 67 69, E-mail : sar@mops.gov.il


Please also write to the embassies of Israel in your respective country.

Geneva, April 27, 2001

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.