A/HRC/7/17
page 20
According to Defence for Children International (Palestine Section), children are on average
detained for between 8 to 21 days before being brought to court; denied the presence of a parent
or lawyer during interrogation; cursed, threatened, beaten and kept in solitary confinement
during interrogation.21
B. Convicted prisoners and administrative detainees
47. Prison conditions are harsh. Many prisoners are accommodated in tents, which are
extremely hot in summer and cold in winter. Food is poor, resulting in anaemia among prisoners,
and there is serious overcrowding. Most Palestinian prisoners are held in jails in Israel. This
violates article 76 of the Fourth Geneva Convention which requires persons from an occupied
territory to be detained in the occupied country, and if convicted, to serve their sentences therein.
Family visits are difficult and frequently impossible: all visits for families from Gaza to their
relatives detained in Israeli prisons have been suspended since 6 June 2007, affecting some
900 prisoners. On 22 October there was a riot in Ketziot prison in the Negev (in Israel),
accommodating some 2,300 prisoners, which resulted in 1 death and some 250 injuries among
prisoners.
48. The role of medical doctors in detention centres and prisons requires attention. These
doctors witness the result of inhuman treatment - wounds, swollen hands, signs of violence - but
remain silent, acting as if they do not know that torture is taking place. This raises ethical
questions that in similar circumstances in South Africa were, after years of silence, addressed by
the South African Medical Association and international medical bodies. Why, one must ask, has
the responsibility of Israeli medical doctors who examine detainees and prisoners not been
questioned by the relevant Israeli and international medical professional bodies?
VII. SELF-DETERMINATION
49. The right of self-determination of the Palestinian people has been recognized by the
Security Council, the General Assembly, the International Court of Justice and Israel itself.
The territory of the self-determination unit within which this right is to be exercised clearly
includes the West Bank, East Jerusalem and Gaza. The right of the Palestinian people to
self-determination has been denied and obstructed for nearly 60 years by Israel. Now it is
threatened by the political separation of the West Bank and Gaza, resulting from the seizure of
power in Gaza by Hamas in June 2007, followed by the seizure of power in the West Bank by
Fatah. The carefully brokered Government of Palestinian national unity has been destroyed by
the internecine conflict resulting in the death of several hundred Palestinians, mostly belonging
to Fatah. At the time of writing, there is no immediate prospect of reconciliation between Hamas
and Fatah. This is a matter of deep concern to the Special Rapporteur as the right to
self-determination is a central and core human right. It must also be a matter of concern to the
21
Semi-Annual Report 2007, Defence for Children International (Palestine Section).
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