In West Bank, teen offenders face different fates 
|   | 
| In 
this Sunday, Nov. 3, 2013 photo, a Palestinian boy walks around his home
 in the village of Beit Ummar near the West Bank city of Hebron. At the 
age of 15, the boy was held for nine months in an Israeli military jail 
for throwing rocks at passing Israeli cars near his village in the West 
Bank. An Israeli 15-year-old boy was arrested for a similar crime at the
 same time but faced a different justice system. The Israeli boy refused
 to allow his photo to be taken. | 
BEIT UMAR, West 
Bank     (AP) -- The boys were both 15, with the crackly voices and 
awkward peach fuzz of adolescence. They lived just a few minutes away 
from one another in the West Bank. And both were accused of throwing 
stones at vehicles, one day after the other.
But there was a crucial difference that helped to shape each boy's fate: One was Israeli, and the other Palestinian.
The
 tale of the two teens provides a stark example of the vast disparities 
of Israel's justice system in the West Bank, a contested area at the 
heart of the elusive search for a lasting peace.
While
 Israeli settlers in the West Bank fall mostly under civilian rule, 
Palestinians are subject to Israeli military law. Israeli and 
Palestinian youths face inequities at every stage in the path of 
justice, from arrests to convictions and sentencing, according to police
 statistics obtained by The Associated Press through multiple requests 
under Israel's freedom of information law.
The results can ripple for years.
"Jail destroyed his life," said the Palestinian boy's father.
Only
 53 Israeli settler youths were arrested for stone-throwing over the 
past six years, the data shows, and 89 percent were released without 
charge. Six were indicted. Four of those were found "guilty without 
conviction," a common sentence for Israeli juveniles that aims not to 
stain their record. One was cleared. The sixth case was still in court 
as of October, the most recent information available.
By
 contrast, 1,142 Palestinian youths were arrested by police over the 
same period for throwing stones, and 528 were indicted. All were 
convicted. Lawyers say the penalty is typically three to eight months in
 military prison.
Israel's  Justice Ministry 
said more than five Israeli stone-throwers were indicted in the past six
 years, but declined to provide examples. Itzik Bam, a lawyer who 
represents Israeli settler youths, said he knew of 20 Israeli minors in 
the West Bank indicted for stone-throwing in recent years, including six
 who pleaded guilty and six who were cleared. He said the other cases 
are still in court.
The police numbers are not
 comprehensive, because the Israeli army also arrests Palestinian 
youths, and because the state prosecutor also issues indictments against
 settlers in more serious cases. However, the gap between the numbers 
for Israelis and Palestinians is clear and wide.
Israel's
 Justice Ministry said the numbers reflect the fact that Palestinians 
threw more stones than Israelis, 
rather than unequal treatment.
"Though
 the legal systems are different - military court versus civil court - 
the relevant law is implied impartially," said Yehuda Shefer, a deputy 
state prosecutor who is head of a Justice Ministry committee for West 
Bank law enforcement.
The Israeli Justice 
Ministry says it would like to rehabilitate Palestinian youth, but ends 
up jailing many offenders because their parents and leaders support 
their crimes. However, critics accuse Israel of dismissing Israeli 
crimes as youthful indiscretions, while treating Palestinian youths like
 hardened criminals.
"Everyone knows there is a
 problem with the treatment of minors in the West Bank, a systematic 
discrimination between Israeli minors and Palestinian minors," said 
Michael Sfard, an Israeli attorney and Palestinian human rights 
defender. "Now you have the figures to prove that."
-----
Stones
 have become an iconic weapon in the West Bank, an arid land where they 
are plentiful. In the past six years, more than half of all arrests of 
Palestinian youth have been over stone-throwing, which Israel claims can
 be the first step toward militancy. Extremist Israeli settlers have 
also adopted the tactic.
On Feb. 20, 2012, the
 Israeli boy joined a group of youths pelting a bus with rocks at the 
entrance to Bat Ayin, according to police reports. The settlement, 
located in the southern West Bank between Jerusalem and the biblical 
city of Hebron, is known for its hardline population.
Police said they targeted the bus because the driver was Arab. The rocks damaged the bus but did not harm the driver.
The
 boy, whose name cannot be published under local law because he is a 
minor, was brought to the Hebron region police station at 9 p.m., with 
his father by his side. In his interrogation, the boy invoked his right 
to remain silent. He spent a night in the station and four days under 
house arrest. Then he was freed without charge.
The
 following day, according to police reports, the Palestinian boy lobbed 
rocks at Israeli cars zipping past his hometown of Beit Umar, a farming 
town of 14,000 people perched near an Israeli military tower. Police 
said he and others wanted to show solidarity with a high-profile 
Palestinian prisoner on hunger strike in an Israeli jail.
The
 rocks shattered the front windshield of a white Mazda and damaged three
 other vehicles on a busy highway. There were no injuries. The incident 
was caught on tape and broadcast on Israeli evening news.
Two
 weeks later, at 3:30 a.m., Israeli soldiers kicked down the door to the
 Palestinian boy's bedroom, carried him to a jeep, blindfolded him and 
tied his hands behind his back with plastic handcuffs, he said. He was 
slapped by soldiers, kept awake all night and placed in a military jail 
cell with 10 other Palestinian youths, he said.
It would be more than nine months before he could go free.
An
 Israeli psychological exam conducted in prison found the boy showed 
signs of anxiety and depression. 
He told the prison's clinical 
psychologist and social worker that he looked at a photo of his family 
to help him sleep, and had nightmares about soldiers killing his 
relatives. The exam also found he was short-breathed and had a cough, 
which he said was from soldiers hitting him in the chest during his 
arrest.
---
The West
 Bank, an expanse of rocky hilltops blanketed in olive trees, is central
 to the current round of U.S.-brokered peace talks. For Palestinians, 
the West Bank is the heart of a future state, along with adjacent east 
Jerusalem and the Gaza Strip. For Israel, the land known by its biblical
 name of Judea and Samaria is significant to Jewish heritage and to 
security.
Since Israel captured the West Bank 
in 1967, it has built more than 100 settlements, creating "facts on the 
ground" that complicate any future withdrawal. Some 60 percent of the 
West Bank is under full Israeli control.
Today,
 more than 350,000 Israeli settlers live in the West Bank, amid roughly 
2.5 million Palestinians. The two sides have little interaction, and for
 the most part live under separate - and often unequal - systems of law.
While
 the Palestinian Authority governs day-to-day affairs, the Israeli 
military wields overall control. Palestinians need Israeli permission to
 enter Israel or to travel abroad through the Jordanian border. 
Palestinians frequently suffer from poor roads, creaky infrastructure 
and water shortages.
Israeli settlers, by 
contrast, are Israeli citizens. They are subject to Israeli law, vote in
 Israeli elections, move 
freely in and out of Israel and have access to 
Israel's modern infrastructure. They serve in and are protected by the 
Israeli army.
Israel says that extending its 
laws to Palestinians would be tantamount to annexation, and that many of
 the restrictions, such as military checkpoints, are needed for 
security. Paul Hirschson, a spokesman for the Israeli Foreign Ministry, 
said Israel tries to help the Palestinians but acknowledged the setup as
 problematic.
"We're stuck in this interim 
status and it's not good," he said. "This is precisely the reason we 
need to resolve 
this thing through negotiations."
Israel's
 Ministry of Justice says it attaches "great importance" to narrowing 
the differences in the law regarding juvenile detainees. In 2009, Israel
 created a juvenile military court. In 2011, it raised the age of 
minority for Palestinian youth from 16 to 18. And in 2013, it shortened 
the amount of time a West Bank Palestinian minor can be held under 
detention, from eight days to, in most cases, one or two days - still 
double the time allowed for an Israeli minor.
"In our perspective, a minor is a minor," the Justice Ministry said in a statement.
-------
The
 Israeli boy's journey through the justice system was one of repeated 
second chances. The middle child of a psychologist mother and a 
psychiatrist father, he lived and studied at a religious school in Bat 
Ayin, a rural community of about 200 families.
After
 his release from jail, the case remained closed until he was arrested 
again. This time, he was accused of attacking two Palestinians with 
pepper spray while in possession of a knife and a slingshot decorated 
with the words "Revenge on Arabs."
During a 
court hearing on the pepper spray charge, prosecutors brought up his 
previous rock-throwing arrest. Only then was he indicted for both 
offenses.
The Israeli minor pleaded guilty to pepper-spraying but denied throwing rocks. He was put under house arrest for nine months.
While
 at home, he prepared for Israeli national matriculation exams. During 
the final three months, he was permitted to attend school. Then he was 
freed. It was nearly two years after the alleged stone-throwing incident
 that he finally stood trial, which is ongoing.
There
 was no such leniency for the Palestinian boy. The youngest of four 
brothers, he grew up in a modest cement home surrounded by bougainvillea
 plants and verdant farm lands. He liked to play basketball. His lawyer 
would only permit the AP to identify him by his first name, Zein.
Zein's
 father, a short man with a cigarette perched under his mustache and a 
forehead carved with lines, described the boy as a B-plus student who 
could have gone on to a professional career.
That
 all changed after his arrest. While many Palestinian prisoners accept 
plea bargains in exchange for reduced imprisonment, the boy pleaded 
innocent and went to trial. After nine and a half months in prison, he 
was put under house arrest. Seven months later, he was convicted and 
sentenced to time already served.
In the 
ruling, the judge criticized the police interrogator for not asking the 
boy if he understood his rights, and not giving him the opportunity to 
consult with his lawyer or parents.
"It 
appears from the interrogation in this case that the Israeli police do 
not understand the sensitivity obligated in interrogating juvenile 
suspects," military judge Shahar Greenberg wrote.
Requests for response from the Israeli police were not answered.
-----
In
 the end, the Israeli and the Palestinian teens had one thing in common:
 Despite Israel's stated goals, neither was rehabilitated. Instead, both
 were embraced by communities that condone stone-throwing.
   
After
 his release from house arrest, the Israeli boy joined an extremist 
group known as the "Hilltop Youth" and moved to an unauthorized 
settlement outpost called Hill 904. These defiant, ideological Jewish 
teens squat on West Bank hilltops, and attack Palestinians and their 
property. There was a big celebration when he arrived, the boy said.
He
 built makeshift homes on the hill for six months and studied Jewish law
 with his comrades. Then he moved to another outpost. And another. And 
another.
He still denies throwing rocks, but 
said it was an acceptable tactic to fight Palestinians, citing a 
teaching by an extremist rabbi. He described himself as a warrior in an 
ideological battle for Jewish control of the West Bank.
"Wherever
 soldiers are needed, I go," he mumbled outside the courtroom after a 
recent hearing. He wore the settler youth uniform of long side locks and
 tattered cargo pants, with a few chin hairs of adolescence. "We are 
commanded to inherit the land, and to expel (Palestinians)."
When
 the Palestinian boy got out of jail, he rejoined his 10th-grade class 
at the end of the school year, but couldn't catch up and dropped out. 
For a while he tried to sell knock-off shoes hoarded in his bedroom. 
Now
 he mopes around his parents' house, not doing much of anything.
"My
 school wanted me to go back to classes, but I quit," he said with a 
shrug, sitting in his parents' living room in sandals, with greased 
hair.
His lawyer, Neri Ramati, is appealing 
the conviction, while prosecutors are seeking a tougher sentence of six 
more months in jail.
His father, Hisham, said 
Palestinians have every right to throw stones to achieve independence. 
He said he and two other sons were all arrested by Israel when they 
threw stones, unlike his youngest son, who claims innocence.
His father's conclusion? "He's a coward."