A/HRC/15/21 own property. The Mission considers that the Israeli authorities, in disregarding the rights of many hundreds of passengers on board the flotilla to their possessions, fails to meet a State’s obligations in relation to rights to own property. 247. In relation to international humanitarian law, Article 97 of the Fourth Geneva Convention states: “Internees shall be permitted to retain articles of personal use. Monies ... and valuables in their possession may not be taken from them except in accordance with established procedure ... On release or repatriation; internees shall be given all articles, monies or other valuables taken from them during internment ... with the exception of any articles or amounts withheld by the Detaining Power by virtue of its legislation in force. If the property of an internee is so withheld, the owner shall receive a detailed receipt. Family or identity documents in the possession of internees may not be taken away without a receipt being given”. 248. Furthermore, the International Criminal Tribunal for the Former Yugoslavia has established that, as far as the destruction or appropriation of property cannot be justified by military necessity, it is unlawful.88 Clearly no military necessity existed to justify the confiscation and continuing appropriation of the property of the passengers of the flotilla. Furthermore, the Mission has been made aware of communications between the Government of Israel and a law firm in the United Kingdom, in which the Government admits to retaining property of the passengers, but does not claim reasons of military necessity but only that the items are necessary for ongoing investigations within Israel. 249. Article 19, paragraph 2, of the International Covenant on Civil and Political Rights states that “Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.” While this right may be subject to certain restrictions, as set out in article 19, , paragraph 3, none of these are met in this case that would allow the Israeli authorities to restrict the rights of journalists and other passengers to freely utilize and share information gathered on board the vessels of the flotilla. Journalists in particular have the right to utilize the tools of their trade. The Mission considers that the actions of the Israeli authorities represent a continuing violation of the right to freedom of expression for the journalists and other passengers on board the flotilla. E. Consequences for Israeli citizens of participation in the flotilla Factual description and findings 250. The Mission found the facts set out below to have been established to its satisfaction. (a) Detention and criminal prosecution of Israeli citizens 251. Passengers with Israeli citizenship were separated from other passengers on arrival in Ashdod. After interrogation, they were informed that they would be detained and face charges under Israeli law, including attempting to kill a soldier, seizing arms, shooting from a soldier’s gun, organizing violence and being present in a military zone. Although taken to a different prison, they had similar experiences to the other passengers, including sleep deprivation and denial of access to a lawyer. 88 ICTY, Judgment, The Prosecutor v. Dario Kordic and Mario Cerkez, IT-95-14/2-T. 51