A/HRC/15/21 While detained on board the vessels of the flotilla, a period which lasted up to 12 hours, all passengers should have been informed of why they were being subject to detention and the natures of the specific charges being brought against them. This was not done and in some instances passenger requests for such information were met with verbal abuse or physical violence. As such, the concerned Israeli forces violated article 9 of the International Covenant on Civil and Political Rights. 178. During the period of detention on board the Mavi Marmara the passengers were subjected to treatment that was cruel and inhuman in nature and which did not respect the inherent dignity of persons who have been deprived of their liberty. This included a large number of persons being forced to kneel on the outer decks in harsh conditions for many hours, the physical mistreatment and verbal abuse inflicted on many of those detained, the widespread unnecessarily tight handcuffing and the denial of access to basic human needs such as the use of toilet facilities and provision of food. In addition there was a prevailing climate of fear of violence that had a dehumanizing effect on all those detained on board. On other vessels in the flotilla there were additional instances of persons being subjected to similar severe pain and suffering, including a person being seriously physically abused for refusing to provide his passport without a receipt. Principle 1 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment states: “All persons under any form of detention or imprisonment shall be treated in a humane manner and with respect for the inherent dignity of the human person”. In addition, Principle 6 states: “No person under any form of detention or imprisonment shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. No circumstance whatever may be invoked as a justification for torture or other cruel, inhuman or degrading treatment or punishment”. 179. The Mission is particularly concerned with the widespread use of tight handcuffing of passengers on board the Mavi Marmara in particular and to an extent of passengers on board the Challenger 1, Sfendoni and the Eleftheri Mesogios. Numerous passengers described the pain and suffering caused by being shackled by plastic handcuffs (also known as “‘plasticuffs”) in an overly tight manner, frequently behind their backs, causing further suffering. Many were experiencing neurological damage up to three months after the events of the flotilla. As has been highlighted, the manner in which handcuffs were used on passengers on board the flotilla is consistent with the systematic use of handcuffs by the Israeli forces in a manner that causes pain and injury.83 The Mission is satisfied that the 83 In June 2009 the Public Committee Against Torture in Israel (PCATI) published a report on the use of handcuffs by the Israeli Defence Forces entitled “Shackling as a form of torture and abuse”. PCATI finds that: “Soldiers routinely handcuff detainees in a painful and injurious manner from the moment of their arrest and through their transfer to the various interrogation facilities. The systematic nature of the practice suggests disregard for the suffering caused to detainees and perhaps even deliberate intent to cause pain. This treatment often breaks the detainee’s spirit and “softens” them up before they arrive for interrogation at the GSS facility. This is particularly true in the case of minors. The systemic use of the cuffing position as explained above may also reflect the collective punishment and intimidation of security detainees in general. Every month PCATI receives dozens of complaints describing this form of shackling. Over the past year alone, PCATI has documented 574 such cases. Though this figure is surely only the tip of the iceberg, it may indicate the scope of the phenomenon.” Furthermore, an expert medical opinion by neurological specialist Dr. Hannah-Bettina SteinerBirmanns is annexed to the report. Dr. Steiner-Birmanns states that: “Tight handcuffs – such as narrow and rigid plastic handcuffs tightened so that there is no space between the handcuffs and the detainee’s hands – press strongly against the wrists. The handcuffs may remain on the detainee’s hands for protracted periods. In such conditions the handcuffs can cause abrasions and damage to soft tissues, skin bruises and even bone fractures. The handcuffs also press against the nerves in the palms, leading to paralysis and a loss of sensation in the palms. These neurological damages can be transient 39