A/HRC/12/48 (ADVANCE 1)
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people were arrested during the protests. There appear to have been no arrests of counterprotesters and 34 per cent of those arrested were under 18 years of age. The Mission notes that a
relatively small proportion of those protesting were arrested. The Mission urges the Government
of Israel to ensure that the police authorities respect the rights of all its citizens, without
discrimination, including freedom of expression and the right to peaceful assembly, as
guaranteed to them by the International Covenant on Civil and Political Rights.
112. The Mission notes with concern the reported instances of physical violence committed by
members of the police against protesters, including the beating of protesters and other
inappropriate conduct such as subjecting Palestinian citizens of Israel who were arrested to racial
abuse and making sexual comments about female members of their families. Article 10 of the
Covenant requires that those deprived of their liberty be treated with humanity and respect for
the inherent dignity of the human person.
113. Of the protesters brought before the Israeli courts, the Palestinian Israelis were
disproportionately held in detention pending trial. The element of discrimination and differential
treatment between Palestinian and Jewish citizens of Israel by the judicial authorities, as
indicated in the reports received, is a substantial cause for concern.
114. The interviews of political activists by the Israeli General Security Services were cited as
the actions contributing most significantly to a climate of repression inside Israel. The Mission is
concerned about activists being compelled to attend interviews with Shabak (also known as Shin
Bet), without there being any legal obligation on them to do so, and in general at the alleged
interrogation of political activists about their political activities.
115. The Mission received reports concerning the investigation by the Government of Israel
into New Profile on allegations that it was inciting draft-dodging, a criminal offence, and reports
that the Government was seeking to terminate funding from foreign Governments for Breaking
the Silence, following its publication of testimonies of Israeli soldiers concerning the conduct of
the Israeli armed forces in Gaza in December 2008 and January 2009. The Mission is concerned
that the Government of Israel’s action with regard to these organizations may have an
intimidating effect on other Israeli human rights organizations. The so-called United Nations
Declaration on Human Rights Defenders guarantees the right “to solicit, receive and utilize
resources for the express purpose of promoting and protecting human rights and fundamental
freedoms through peaceful means”. If motivated by reaction to the organization’s exercise of its
freedom of expression, lobbying foreign Governments to terminate funding would be contrary to
the spirit of the Declaration.
116. The Government of Israel imposed a ban on media access to Gaza following
5 November 2008. Furthermore, access was denied to human rights organizations and the ban
continues for some international and Israeli organizations. The Mission can find no justification
for this. The presence of journalists and international human rights monitors aids the
investigation and wide public reporting of the conduct of the parties to the conflict, and can
inhibit misconduct. The Mission observes that Israel, in its actions against political activists,
non-governmental organizations and the media, has attempted to reduce public scrutiny of both
its conduct during its military operations in Gaza and the consequences that these operations had
for the residents of Gaza, possibly seeking to prevent investigation and public reporting thereon.
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