At around noon on June 10, 2012, the military arrested a 16 year old Palestinian, who was passing through a checkpoint on his way back from work at the Ma’ale Efraim Settlement, back home, near the city of Nablus. The youth later recounted that the soldiers at the checkpoint shackled his hands and feet, blindfolded him, and made him sit on concrete seat outside under the blazing sun for two and a half hours. Later on, the soldiers took him from one military camp to another, refusing throughout to remove his handcuffs, even when he was undergoing a medical checkup and even once his hands started bleeding. Moreover, still in a military camp, the minor was left for the night out of doors, tied to an iron chair, wearing only his underclothes. At dawn, he was taken into a room in one of the camp structures, to "sleep" on the bare floor, which was crawling with ants. In between, the soldiers beat him, cursed him, and humiliated him.
Throughout this time, Israeli authorities did not notify his anxious family of his fate, and so, the family contacted HaMoked for help. More than 24hrs after the arrest, all attempts to trace the minor having failed, HaMoked filed
a petition for habeas corpus to the High Court of Justice (HCJ), to compel the state to reveal where was the youth being held. HaMoked asserted that under
military legislation and the
HCJ's past decision, notification of detention and place of custody must be delivered without delay, especially when the detainee is a minor.
In the evening, the youth was taken to the Petah Tikva detention facility for an interrogation by the Israel Security Agency (ISA). Only then did the State's Attorney's Office inform HaMoked of the youth's detention and whereabouts. Until then, for over 30 hours, the state held him effectively incommunicado, leaving the minor exposed to abuse at the hands of the officials who had him in custody. Furthermore, until the following day, the state made no attempt to provide the minor with legal counsel.
Four days after the arrest, the minor was released home without charge. The court accepted HaMoked's request to withdraw the petition, and, with the consent of State's Attorney's Office,
ordered the state to pay trial costs to HaMoked, "given the nature of the issue raised in petition and [...] given fact that the petitioner is a minor, about 16 years of age".
HaMoked wishes to recall that the right of notification of detention and place of custody is of the utmost importance. It is a fundamental right of both the detainee and his family, and forms part of the basic right to human dignity. Moreover, the exercise of this right is crucial in preventing situations where the detainee is left completely vulnerable to severe acts of harm to his dignity and well-being by those who have him in custody. HaMoked reasserts that a state system fails to strictly adhere to the right of notice of detention, but keeps detainees incommunicado for extended periods of time, unbeknown to their families, acts with cruelty and causes grave harm to the dignity of the detainee and his family.
