A/HRC/12/48
page 243
1162. AD/03 said they were then taken back to Beersheba and later to the Erez border, where
they were released. They were told to run into Gaza and not look back.
1163. AD/03 indicated that two others, detained with him, were released a month later. Two
others continue to be detained in the Ktziot prison and are reportedly awaiting trial. The status
and whereabouts of 11 others are not known.
D.
Factual findings
1164. The Mission found the witnesses credible and reliable taking into account their demeanour
and the consistency of their statements. At least one of them was still suffering considerable
anguish because of the treatment he had endured at the hands of the Israeli soldiers and other
officials. The Mission notes that there are several common features to these incidents that
disclose a pattern of behaviour on the part of the Israeli soldiers, indicating that the treatment
meted out to the persons deposing before the Mission were not isolated incidents. The facts
available to the Mission indicate that:
•
All three locations were near the border with Israel;
•
Before the arrival of ground troops, all three had been under aerial or ground attack.
The soldiers on the ground were in complete control of the area at the time of their
encounter with the civilians;
•
There was no combat activity by the persons reporting, nor any likelihood of such
activity being under way in the area or nearby at the time that the soldiers started the
operation against civilians in the three locations. None of the civilians was armed or
posed any apparent threat to the soldiers. In two of the incidents they were holding
white flags as a sign of their non-combatant status;
•
It is clear in two of the incidents that none of those detained had been asked for their
names by the soldiers for several days. This establishes that there was no definite
suspicion against them that they were combatants or otherwise engaged in hostile
activities;
•
In all cases a number of persons were herded together and detained in open spaces
for several hours at a time and exposed to extreme weather conditions;
•
The soldiers deliberately subjected civilians, including women and children, to cruel,
inhuman and degrading treatment throughout their ordeal in order to terrorize,
intimidate and humiliate them. The men were made to strip, sometimes naked, at
different stages of their detention. All the men were handcuffed in a most painful
manner and blindfolded, increasing their sense of fear and helplessness;
•
Men, women and children were held close to artillery and tank positions, where
constant shelling and firing was taking place, thus not only exposing them to danger,
but increasing their fear and terror. This was deliberate, as is apparent from the fact
that the sandpits to which they were taken were specially prepared and surrounded by
barbed wire;
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