A/HRC/15/21
stages in the Israeli operation to secure control of the ship certainly were possible and
necessary.
172. The Mission is satisfied that much of the force used by the Israeli soldiers on board
the Mavi Marmara and from the helicopters was unnecessary, disproportionate, excessive
and inappropriate and resulted in the wholly avoidable killing and maiming of a large
number of civilian passengers. On the basis of the forensic and firearm evidence, at least six
of the killings can be characterized as extra-legal, arbitrary and summary executions. As
such, the conduct of the Israeli forces amounted to violations of the right to life and of the
right to physical integrity, as stipulated in articles 6 and 7 of the International Covenant on
Civil and Political Rights.
173. The Mission is also concerned with the nature of the force used by the Israeli forces
in the interception of the three further vessels in the flotilla: Challenger 1, Sfendoni and the
Eleftheri Mesogios. One each of the vessels some of the passengers merely used passive
resistance techniques – placing their bodies in the paths of the Israeli soldiers – as a
symbolic gesture in opposition to the respective boarding. However, in securing control of
these vessels the Israeli forces used significant force, including stun grenades, electroshock
weapons, soft-baton charges fired at close range, paintballs, plastic bullets and physical
force. This resulted in a number of injuries to passengers including burns, bruises,
hematomas and fractures. One passenger who was not participating in passive resistance
activities, a photo-journalist, received burns from an electroshock weapon. The Mission has
found that the force used by the Israeli soldiers in intercepting the Challenger 1, the
Sfendoni and the Eleftheri Mesogios was unnecessary, disproportionate, excessive and
inappropriate, and amounted to violations of the right to physical integrity, as stipulated in
article 7 of the International Covenant on Civil and Political Rights.
(b)
Right to liberty and security of person and treatment of detainees, including torture and
other cruel inhuman and degrading treatment or punishment
174. Article 9, paragraph 1, of the International Covenant on Civil and Political Rights
states:
Everyone has the right to liberty and security of person. No one shall be subjected to
arbitrary arrest or detention. No one shall be deprived of his liberty except on such
grounds and in accordance with such procedure as are established by law.
Since the Mission considers the Israeli interception of the flotilla was unlawful, the
detention of passengers on board each of the vessels was also prima facie unlawful.
175. The deprivation of the liberty of the passengers further meets the criteria for being
arbitrary in nature in accordance with the definitions adopted by the Working Group on
Arbitrary Detention. Deprivation of liberty is considered category I arbitrary detention:
“When it is clearly impossible to invoke any legal basis justifying the deprivation of
liberty.”
176. The mass detention of more than 700 passengers and crew on board the six vessels
had no basis in law, was arbitrary in nature and is a violation of article 9 of the International
Covenant on Civil and Political Rights.
177. Furthermore, no one on board the flotilla was informed of any reason for their
detention. Article 9, paragraph 2 of the International Covenant on Civil and Political Rights
states:
Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his
arrest and shall be promptly informed of any charges against him.
38
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