Joint
Palestinian-Israel condemnation of treatment of Palestinian child held
in Israel March 2005
A 14 year old
Palestinian boy in Israeli custody, who recently underwent an operation on
the stomach under full anesthesia, has not been allowed to contact his
parents.
The boy (''R.'') has
not been allowed to contact his parents since his arrest on 18 October
2004. He recently underwent an appendicitis operation, but is still denied
contact with his parents. Physicians for Human Rights-Israel sent a letter
on 16 February 2005 to the Israeli Prison Service (IPS), asking that the
child be allowed to contact his family in light of the operation. The IPS
responded on, 22 February 2005, asking that the non-profit organization
''update his family''. The response was signed by Dr Alex Adler, Chief
Medical Officer of the IPS.
Physicians for Human
Rights-Israel today sent a letter to the Director-General
of the Ministry of Health and to the Commissioner of Israel Prison Service
demanding that an investigation be opened and that procedures be
established in the IPS enabling ongoing contact between minors and their
parents. A large number of Palestinian minors held in Israel are denied
the basic right to contact with their families. Also, there was a specific
demand that R. be allowed to contact his parents immediately.
Defence for Children International/Palestine Section and Physicians for
Human Rights-Israel jointly condemn the treatment of the child on the
following grounds:
-
The operating
doctor should have contacted the family of the child in regards to the
operation. According to the Israeli Patients Rights Act of 1996 (Art
15:3) the operation should have been conducted only with the parents'
consent, especially since there seems to be no reason why the operating
doctor could not have contacted them. Even if this was an emergency
operation, the operating doctor should have retroactively informed the
parents of the operation. It seems that that neither the operating
doctor nor the IPS had any intention of informing the family and, being
that Physicians for Human Rights-Israel discovered the case, expected
the association to do that job.
-
The Fourth Geneva
Convention prohibits the transferring of protected persons into the
territory of the occupying power. The Palestinian child and over 200
other Palestinian children like him are being held in Israel .
-
The child is being
denied the right to regular contact with his family. For example, the UN
Rules for the Protection of Juveniles Deprived of their Liberty (Art 60)
states ''Every juvenile should have the right to receive regular and
frequent visits, in principle once a week and not less than once a
month''. The UN Convention on the Rights of the Child (Art 37:C) states
that every child should ''have the right to maintain contact with his or
her family through correspondence and visits, save in exceptional
circumstances''. The Fourth Geneva Convention (Art116) also guarantees
this right to adult internees.
For more information
or to receive copies of the letter sent today:
Defence for Children International/Palestine Section:
George Abu Al-Zulof 052 2 243 6289, or the Advocacy Unit 02 240 7530 (ext
104)
Physicians for Human Rights-Israel: Physicians for Human Rights-Israel:
Maher Talhami, Adv., Intervention Coordinator, Prisoners and Detainees
Project, +972-54-6995299, or Shabtai Gold, Public Outreach,
+972-54-4860630
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