A/HRC/12/48
page 27
military operations of December 2008 – January 2009, Israeli soldiers questioned captured
Palestinians about the whereabouts of Gilad Shalit. Gilad Shalit’s father, Noam Shalit, appeared
before the Mission at the public hearing held in Geneva on 6 July 2009.
77. The Mission is of the opinion that, as a soldier who belongs to the Israeli armed forces and
who was captured during an enemy incursion into Israel, Gilad Shalit meets the requirements for
prisoner-of-war status under the Third Geneva Convention. As such, he should be protected,
treated humanely and be allowed external communication as appropriate according to that
Convention. The International Committee of the Red Cross (ICRC) should be allowed to visit
him without delay. Information about his condition should also be provided promptly to his
family.
78. The Mission is concerned by declarations made by various Israeli officials who have
indicated the intention of maintaining the blockade of the Gaza Strip until the release of Gilad
Shalit. The Mission is of the opinion that this would constitute collective punishment of the
civilian population of the Gaza Strip.
15.
Internal violence and targeting of Fatah affiliates by security services
under the control of the Gaza authorities
79. The Mission obtained information about violence against political opponents by the
security services that report to the Gaza authorities. These included the killing of a number of
Gaza residents between the beginning of the Israeli military operations and 27 February. Among
these were some detainees who had been at al-Saraya detention facility on 28 December and who
had fled following the Israeli aerial attack. Not all those killed after escaping detention were
Fatah affiliates, detained for political reasons, or charged with collaborating with the enemy.
Some of the escapees had been convicted of serious crimes, such as drug-dealing or murder, and
had been sentenced to death. The Mission was informed that the movement of many Fatah
members was restricted during Israel’s military operations in Gaza and that many were put under
house arrest. According to the Gaza authorities, arrests were made only after the end of the
Israeli military operations and only in relation to criminal acts and to restore public order.
80. The Mission gathered first-hand information on five cases of Fatah affiliates detained,
killed or subject to physical abuse by members of the security forces or armed groups in Gaza. In
most cases those abducted from their homes or otherwise detained were reportedly not accused
of offences related to specific incidents, but rather targeted because of their political affiliation.
When charges were laid, these were always linked to suspected political activities. The
testimonies of witnesses and the reports provided by international and domestic human rights
organizations bear striking similarities and indicate that these attacks were not randomly
executed, but constituted part of a pattern of organized violence directed mainly against Fatah
affiliates and supporters. The Mission finds that such actions constitute serious violations of
human rights and are not consistent with either the Universal Declaration of Human Rights or the
Palestinian Basic Law.
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