A/HRC/15/21
219. Passengers’ testimony included a number of credible allegations of physical
violence and abuse perpetrated by Israeli officers, soldiers and policemen at the processing
centre in Ashdod, at the prison and at the airport. In some cases, this violence seemed
gratuitous; in other cases, it seemed aimed specifically at forcing compliance with
particular procedures (signing forms, fingerprinting) or punishing individuals for noncompliance. The Mission considers that acts of torture were committed by Israeli officials
against passengers during their period of detention in Israel in violation of article 1 of the
Convention against Torture and articles 7 and 10 of the International Covenant on Civil and
Political Rights.
220. There were other instances of behaviour by Israeli officials which was aimed at
humiliating individuals which, if not torture, would constitute cruel, inhuman or degrading
treatment or punishment under the terms of article 16 of the Convention against Torture.
Body searches were not always conducted in accordance with accepted procedures aimed at
protecting the dignity of the person being searched and the frequency of the searches raises
the suggestion that they served to humiliate and degrade rather than meet security needs.
The Mission would like to draw particular attention to the treatment received by some
women by female Israeli officers at the processing centre that fell well short of acceptable
behaviour.
(c)
Parading of detainees
221. Whilst the passengers and crew arriving at Ashdod cannot be classified as prisoners
of war, the scene at the quayside described by those interviewed carries the hallmarks of a
“triumph” at which captured prisoners of war are paraded in front of flag-waving crowds.
Prisoners of war would have been protected against this humiliating spectacle by article 13
of the Third Geneva Convention which protects them from “insults and public curiosity”.
As civilians, the flotilla passengers should have been entitled to the same basic level of
protection, which would also fall under general customary law provisions protecting
civilians from assaults on their dignity. The failure of the Israeli authorities to afford this
protection may also be construed, inter alia, as a violation of the presumption of innocence
under article 14, paragraph 2, of the International Covenant comparable to the public
display of those suspected of criminal offences. Regardless of whether any passengers on
board the flotilla were suspected of having committed of criminal acts, all passengers
should have been protected from public curiosity.
(d)
Right to security of the person and to human dignity
222. The serious incidents of physical violence perpetrating by Israeli military and/or
police officers against the passengers at Ben Gurion International Airport clearly constitute
grave violations of the protection that should be afforded to detainees under international
human rights law and international humanitarian law. Article 9 of the International
Covenant provides for the right to security of person and article 10 guarantees that “all
persons deprived of their liberty shall be treated with humanity and with respect for the
inherent dignity of the human person”. Insofar as the treatment meted out at the airport was
perpetrated by soldiers and police, sometimes with the acquiescence of their superiors, this
behaviour can also be considered torture. It seems clear to the Mission that these acts at the
airport, at a time when the passengers were completely under the control of the authorities,
constituted an attempt by individual groups of officers to “give them a bloody nose” just
before departure.
223. Other reported acts of physical abuse and ill treatment during the detention and
deportation phase would similarly constitute violations of the right to security of person.
224. The Code of Conduct for Law Enforcement Officials sets out some basic obligations
which should have been followed by all Israeli military and police personnel whilst they
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