A/HRC/15/21
of the State of which he is a national or which is otherwise entitled to receive such
communication in accordance with international law or with the representative of a
competent international organization, if he is a refugee or is otherwise under the
protection of an international organization.
Any communication under this provision must be made or permitted without delay. Most
detainees who gained access to a consul were only allowed such access several days after
they had originally been detained and requested access.
230. Principle 18 provides that “a detained person shall be entitled to communicate and
consult with his legal counsel [and] shall be allowed adequate time and facilities for
consultation”. Israeli legal-aid lawyers who gained access to some of the detainees were
barely able to spend more than a few minutes with each detainee in the time allocated by
the authorities for the visit.
231. All detainees complained that they were not allowed the means to contact their
families, who would have been distressed and concerned after hearing from news reports
about the interception of the flotilla. In one extreme and insensitive example, the wife of
one of the deceased was not able to call her family to notify them of her bereavement.
Although telephones were available to some detainees in prison, they could not be used to
make the numerous international telephone calls necessary for this particular cohort of
detainees from more than 40 countries. Principle 16 (1) of the Body of Principles states that
“promptly after arrest and after each transfer from one place of detention to another, a
detained person shall be entitled to notify or to require the competent authority to notify
members of his family or other appropriate persons of his choice of his arrest, detention or
imprisonment or for the transfer and of the place of detention where he is kept in custody”.
There should be no delay in the implementation of this requirement.
(f)
Treatment of injured people in detention
232. Most passengers were offered a medical examination, albeit perfunctory, in
accordance with Principle 24 of the Body of Rules, which states that “a proper medical
examination shall be offered to a detained or imprisoned person as promptly as possible
after his admission to the place of detention or imprisonment”.
233. In some instances, passengers who had been injured, including those injured by
assaults committed by Israeli officials did not receive immediate medical attention. Article
6 of the Code of Conduct states that “law enforcement officials shall ensure the full
protection of the health of persons in their custody and, in particular, shall take immediate
action to secure medical attention whenever required”.
D.
1.
Confiscation and return of property by the Israeli authorities
Factual description and findings
234. The Mission found the facts set out below to have been established to its
satisfaction.
(a)
Possessions of passengers confiscated by the Israeli authorities
235. The Mission received accounts from passengers who were on board all six vessels in
the flotilla on the confiscation by the Israeli authorities of cash and a wide variety of
personal belongings, including passports, identification cards, driving licences, mobile
telephones, laptop computers, audio equipment including MP3 players, photographic and
video recording equipment, credit cards, documents, books and clothing. These items were
taken at a number of stages, primarily while on board the vessels (during body searches and
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