A/HRC/15/21
252. On 1 June 2010, the Ashkelon Magistrate’s Court remanded in custody four
Palestinian Israelis: Muhammed Zeidan, Chairman of the High Follow-up Committee for
Arab Citizens of Israel; Sheikh Raed Salah, the Head of the Islamic Movement of Israel
(northern branch); Sheikh Hamad Abu Daabe, Head of the Islamic Movement in Israel
(southern branch) and Lubna Masarwa of the Free Gaza Movement. On 3 June 2010, the
same court decided to release the group with certain conditions, including a period of house
arrest until 8 June, prohibition from leaving the country for 45 days and the posting of a
bond of 150,000 Shekels by a third party.
253. The four people have not since been indicted but the file is still open and the charges
have not been withdrawn.
(b)
Reprisals against an elected member of the Knesset
254. One member of the Israeli Knesset, Haneen Zouabi, was a passenger on the Mavi
Marmara. Ms. Zouabi was not detained, but was extensively interrogated.
255. As a result of her participation in the flotilla, the Knesset voted on 7 June 2010 to
remove three of parliamentary privileges available to Ms. Zouabi as a Member of the
Knesset: her privileges in overseas travel; her diplomatic passport; payment of any legal
fees in case of removal of her parliamentary immunity from criminal prosecution. The
Knesset held several sessions on the issue of her participation in the flotilla during which
there were racist and sexist remarks and physical threats made against her. Some
parliamentarians have also called for her to face criminal prosecution and measures, such as
revoking her membership in the Knesset, were discussed. The Israeli Minister of Interior
accused Ms. Zouabi of treason and requested authorization from the Attorney General to
revoke her citizenship. To date, no criminal proceedings have been initiated against Ms.
Zouabi. Since her participation in the Gaza flotilla, Ms. Zouabi has received many death
threats.
256. The Inter-Parliamentary Union’s Committee on the Human Rights of
Parliamentarians adopted a confidential decision at its 130th session in July 2010,89 holding
the punishment of Ms. Zouabi for exercising her freedom of speech by expressing her
political position to be unacceptable and calling on the Knesset to reconsider its decision.
257. The Mission refrains from any comment on any domestic legal proceedings which
may be sub judice. However, the Mission notes that these actions against Israeli citizens
could give rise to certain violations of Israel’s international human rights obligations,
including freedom of expression, political participation rights and rights to due process.
IV.
Accountability and effective remedy
258. The Mission notes that the facts established give rise to a series of violations in law.
In accordance with the provisions of the International Covenant on Civil and Political
Rights, the victims of such violations have a right to an effective remedy which includes
judicial remedies as well as the right to reparations which should be proportionate to the
gravity of the violations. In cases of torture, victims should in addition be afforded medical
and psychological care. Finally, article 9, paragraph 5, of the Covenant provides for a
specific right to compensation. As far as the grave breaches of the Fourth Geneva
Convention are concerned, these may give rise to individual criminal responsibility.
89
52
Case No. IL/04 – Haneen Zoabi – Israel
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