A/HRC/15/21
subsequently released a very limited amount of this for public access, in an edited form,87
but the vast majority has remained in the private control of the Israeli authorities.
241. The Mission is satisfied that this represents a deliberate attempt by the Israeli
authorities to suppress or destroy evidence and other information related to the events of 31
May on the Mavi Marmara and other vessels of the flotilla.
242. Many journalists who were on board the flotilla in their professional capacity have
subsequently submitted various complaints regarding the confiscation of their data and
equipment and the non-payment of damages or compensation. An example of this is a letter
of behalf of the approximately 60 journalists that was sent to request action of the European
Commission. The mission is aware of formal claims being prepared on behalf of a number
of passengers whose personal property was taken or confiscated on board the Mavi
Marmara and other vessels. The Mission estimates the value of such property to be not
inconsiderable.
(b)
Vessels of the flotilla confiscated by the Israeli authorities
243. The six vessels of the flotilla were held by the Israeli authorities for an extended
period of time. For example, the Mavi Marmara, Defne Y and Gazze 1 ships were only
taken to the Turkish port of Iskenderun on 7 August, more than two months after arriving at
the port of Ashdod in Israel.
244. The Mavi Marmara was in a state of disrepair on its return to Turkey. The ship’s
captain and other crew members confirmed that items damaged had been in full working
order when the ship was taken under the control of the Israeli authorities on 31 May. The
Mission’s own investigations confirmed that equipment had been destroyed or badly
damaged including two Automatic Identification Systems (AIS) and a gyro-screen, two
Very High Frequency (VHF) handset radio loud speakers, surveillance and other
equipment, the VHF radio and VHF DSC Watch Receiver, MF-HF radio and DSC
equipment, the control panel indicator, the speed log screen, the INMARSAT-C screen, the
Raytheon Plotter-Radar replacement screen, two mobile Global Positioning Systems (GPS)
and the fire-alarm control panel. Other items had been removed, including the satellite
telephone, the ship survey recording computer and its spare equipment and the ship's
journal and all records, including the ship's certificate file. In the engine room, the control
room generator and main control dash were destroyed and the gear dash was damaged.
There was oily water and submergible pumps in the bilge water compartment of the engine
and the diesel generator spare parts were scattered with some sea water as well as oil leaks
were present. Furthermore, the engine command and control systems had been tampered
with.
2.
Legal analysis of the denial of property and right to freedom of expression
245. The Mission is concerned that the actions of the Israeli authorities in confiscating,
withholding, and in some cases destroying the private property of many hundreds of
passengers on board the various vessels of the flotilla represents both a violation of rights
related to property ownership and to the freedom of expression.
246. Article 17 of the Universal Declaration of Human Rights states that “everyone has
the right to own property alone as well as in association with others; No one shall be
arbitrarily deprived of his property”. Insofar as the Universal Declaration in considered to
form part of customary international law, no State may arbitrarily deprive someone of their
87
50
For example, footage taken by a passenger on the top deck while Israeli soldiers descended onto the
deck: www.youtube.com/watch?v=S6Xm8Irz-so
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