A/HRC/12/48
page 233
were held. Some detainees have reported abuse during detention, including beatings, and being
kept in unsanitary conditions, without any or with only inadequate food or toilet facilities. Some
released persons have reported that they were used as human shields during their detention, for
example, forced to walk in front of soldiers and enter buildings ahead of soldiers.545
1108. On 28 January 2009, seven Israeli human rights organizations appealed to the Israeli
Military Judge Advocate General and to the Attorney General, concerning the “appalling
conditions in which Palestinians arrested during the fighting in Gaza were held, and the
humiliating and inhuman treatment to which they were subjected from the time of their arrest
until their transfer to the custody of the Israel Prison Service.”546
1109. The number of detainees that were eventually taken to Israeli prisons has been estimated
at around 100.547 Some of them have since been released. It often took the families and lawyers
several weeks to find out that their loved ones or clients were being detained. Some lawyers have
alleged that Israel deliberately did not disclose the number of detentions, even to ICRC.548
Human rights organization Adalah have filed a freedom of information request to the
Government, but at the time of writing this report is yet to receive a response. Eventually many
were released by the Israeli Prison Service but the Mission is not in a position to determine the
exact number.
1110. A PCATI lawyer representing detainees, Mr. Bader, who spoke at the Mission’s public
hearings in Geneva, interviewed a number of the detainees in Israeli prisons and relayed their
testimonies. These include stories from prisoners who said they were used as human shields or
held in sandpits.
1111. The Mission has interviewed a number of persons who were detained by the Israeli armed
forces for substantial periods of time during the military operations in Gaza and thereafter. In the
course of that detention they were in some cases held without trial or respect for basic due
process guarantees, and were mentally and physically abused. The Mission has also heard
directly from legal representatives of several people who were detained at this time, including
some of those referred to above. Moreover, the Mission addressed questions to the Government
of Israel with regard to the number of persons from Gaza detained by Israel during the military
operations and the duration of their detention, including how many remain in custody. The
Mission asked how many persons detained in Gaza were charged with being “unlawful
combatants” and on what basis, how many were subjected to trial and what due process
guarantees were afforded to them. No reply was received.
PCATI Affidavit submitted to the Mission. Addameer, Prisoners Support and Human Rights Association
affidavit of AD/06.
545
The complaint was submitted by the Public Committee against Torture in Israel (PCATI), the Association for Civil
Rights in Israel (ACRI), HaMoked – Centre for the Defence of the Individual, Physicians for Human Rights – Israel
(PHR-Israel), B’Tselem, Adalah and Yesh Din. See http://www.btselem.org/english/press_releases/20090128.asp
546
547
Figures supplied to the Mission by PCHR, Adalah and PCATI.
548
Correspondence with Addameer, Prisoners Support and Human Rights Association, 25 June 2009.
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