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Human Rights Council
Fifteenth session
Agenda item 7
Human Rights situation in Palestine and other Occupied Arab territories

Report of the international fact-finding mission to investigate violations of international law, including international humanitarian and human rights law, resulting from the Israeli attacks on the flotilla of ships carrying humanitarian assistance

III. Interception of the flotilla by the Israeli navy and its aftermath

B. The interception of the Gaza flotilla by the Israeli Navy on 31 May 2010

1. Factual Description and Findings

106. The Mission found the following facts to have been established to its satisfaction.

(a) Contacts between the Israeli Navy and the vessels of the flotilla

107. The flotilla left the rendezvous point at 1554 hours on 30 May 2010 and proceeded in a south-westerly direction on course 222 degrees. This course was altered to 185 degrees, approximately due south, at 2330 hours upon drawing level with the coast of Israel and in order to maintain a course roughly parallel to the coast. The flotilla maintained a distance of 70 nautical miles from the coast since a NAVTEX (Navigational Telex) advisory had warned that the Israeli military were conducting exercises up to 68 nautical miles from the coast.

108. The first radio contact with the Israeli Navy was at approximately 2230 hours. Each vessel was contacted by the Israeli Navy, one after the other, on Channel 16 and requested to switch to an alternative channel. Each vessel refused to switch in order that the conversation could be monitored by all shipping. The Israeli Navy requested each vessel to identify itself and state its destination. It then warned each vessel, with some variations, it was approaching an area of hostilities which is under a naval blockade, that the Gaza maritime area is closed to all vessels and that they must change course to deliver their supplies to the Port of Ashdod in Israel. In some of the messages, the captain of each vessel was warned that he would be held personally responsible for any consequences of a failure to comply with the Israeli request. The Israeli Navy’s contacts were similar to those in relation to previous Free Gaza Movement efforts to enter Gaza by sea.

109. In response, the captains of the various vessels stated that their destination was Gaza and the purpose was to deliver humanitarian aid. They also asserted that the Israeli forces did not have the right to order the vessels to change course and that the blockade referred to was illegal. A representative of the Free Gaza Movement spoke to the Israelis on behalf of the whole flotilla, reiterating that the passengers were unarmed civilians delivering humanitarian aid and that none of the ships that should be considered as any form of threat to Israel. At no stage was a request made by the Israeli Navy for the cargo to be inspected. Contacts with the Israeli Navy continued until around 0200 hours when communication equipment was jammed by the Israeli forces, cutting them off to all external communications. However, the vessels in the flotilla were able to maintain contact with one another via handheld two-way radios.

110. In early June 2010, audio recordings were released by the Israeli authorities of apparent exchanges between the Israeli Navy and the Defne Y which included insulting references by unknown persons referring to ‘Auschwitz’ and the 11 September 2001 attack on the World Trade Centre in New York. However, the Mission is not satisfied that these recordings are authentic, nor has the Israeli government made this material available to the Mission for appropriate examination. The Mission was given positive evidence that no such statements were made by anyone involved in communications on the flotilla.

111. The crew and passengers of the six vessels became visually aware of the presence of Israeli naval vessels some time after the initial communications, between 2300 hours and midnight, both through sightings and two-way radio communication between the vessels. The larger Israeli ships and helicopters came into view of the crew of the vessels at approximately 0100 hours on 31 May. Similar sightings were made by other vessels in the flotilla at around the same time.

(b) Events on board the M.V. Mavi Marmara⁶⁷

(i) Initial attempt to board the Mavi Marmara from the sea

112. Israeli zodiac boats made a first attempt to board the Mavi Marmara from the sea shortly before 0430 hours. Several zodiac boats approached the ship at the stern from both the port and starboard sides. The approach was accompanied by the firing of non-lethal weaponry onto the ship, including smoke and stun grenades, tear-gas and paintballs. Plastic bullets may also have been used at this stage: however, despite some claims that live ammunition was also fired from the zodiac boats, the Mission is not satisfied that this was the case. The smoke and tear gas were not effective due to the strong sea breeze and later due to the downdraft from helicopters.

113. The Israeli forces attempted to board the ship through attaching ladders to the hull. Passengers engaged in efforts to repel the attempted boarding using the ship’s water hoses⁶⁸ and the throwing of various items at the boats including chairs, sticks, a box of plates and other objects that were readily to hand. This initial attempt to board the ship proved unsuccessful. It is the view of the Mission that the Israeli forces should have re-evaluated their plans when it became obvious that putting their soldiers on board the ship may lead to civilian casualties.

(ii) Landing of soldiers from helicopters onto the Mavi Marmara

114. Just minutes after soldiers from the zodiac boats had made initial unsuccessful attempts to board, the first helicopter approached the ship at approximately 0430 hours, hovering above the top deck. At this point between 10 and 20 passengers were located in the central area of the top deck, although this number increased as other passengers learned of events on the top deck. The Israeli forces used smoke and stun grenades in an attempt to clear an area for the landing of soldiers. The first rope that was let down from the helicopter was taken by passengers and tied it to a part of the top deck and thereby rendered ineffective for the purpose of soldiers’ descent. A second rope was then let down from the helicopter and the first group of soldiers descended. The Mission does not find it plausible that soldiers were holding their weapons and firing as they descended on the rope. However, it has concluded that live ammunition was used from the helicopter onto the top deck prior to the descent of the soldiers.

115. With the available evidence it is difficult to delineate the exact course of events on the top deck between the time of the first soldier descending and the Israeli forces securing control of the deck. A fight ensued between passengers and the first soldiers to descend onto the top deck that resulted in at least two soldiers being pushed down onto the bridge deck below, where they were involved in struggles with groups of passengers who attempted to take their weapons. The equipment jacket of at least one soldier was removed as he was pushed over the side of the deck. A number of weapons were taken from the soldiers by passengers and thrown into the sea: one weapon, a 9mm pistol was unloaded by a passenger, a former US Marine, in front of witnesses and then hidden in another part of the ship in an attempt to retain evidence.

116. A number of the passengers on the top deck fought with the soldiers using their fists, sticks, metal rods and knives.⁶⁹ At least one of the soldiers was stabbed with a knife or other sharp object. Witnesses informed the Mission that their objective was to subdue and disarm the soldiers so that they could not harm anyone. The Mission is satisfied on the evidence that at least two passengers on the bridge deck also used handheld catapults to propel small projectiles at the helicopters. The Mission has found no evidence to suggest that any of the passengers used firearms or that any firearms were taken on board the ship. Despite requests, the Mission has not received any medical records or other substantiated information from the Israeli authorities regarding any firearm injuries sustained by soldiers participating in the raid. Doctors examined the three soldiers taken below decks and no firearm injuries were noted. Further, the Mission finds that the Israeli accounts so inconsistent and contradictory with regard to evidence of alleged firearms injuries to Israeli soldiers that it has to reject it.⁷⁰

(iii) Deaths of nine passengers and wounding of at least 50 other passengers

117. During the operation to secure control of the top deck, the Israeli forces landed soldiers from three helicopters over a fifteen-minute period.⁷¹ The Israeli forces used paintballs, plastic bullets and live ammunition, fired by soldiers from the helicopter above and soldiers who had landed on the top deck. The use of live ammunition during this period resulted in fatal injuries to four passengers,⁷² and injuries to at least nineteen others, fourteen with gunshot wounds. Escape points to the bridge deck from the top deck were narrow and restricted and as such it was very difficult for passengers in this area to avoid being hit by live rounds. At least one of those killed was using a video camera and not involved in any of the fighting with the soldiers. The majority of gunshot wounds received by passengers were to their upper torsos in the head, thorax, abdomen and back. Given the relatively small number of passengers on the top deck during the incident, the Mission is driven to the conclusion that the vast majority were in receipt of gunshot wounds.

118. Israeli soldiers continued shooting at passengers who had already been wounded, with live ammunition, soft baton charges (beanbags) and plastic bullets. Forensic analysis demonstrates that two of the passengers killed on the top deck received wounds compatible with being shot at close range while lying on the ground: Furkan Dogan received a bullet in the face and Ibrahim Bilgen received a fatal wound from a soft baton round (beanbag) fired at such close proximity to his head that parts such as wadding penetrated his skull entered his brain. Furthermore, some of the wounded were subjected to further violence including being hit with the butt of a weapon, being kicked in the head, chest and back and being verbally abused. A number of the wounded passengers were handcuffed and then left unattended for some time before being dragged to the front of the deck by their arms or legs.

119. Once the Israeli forces had secured control of the top deck they undertook measures to move down to the bridge deck below in order to take over the ship’s bridge and thus take control of the ship. In relation to this operation, a series of shooting incidents occurred centred on the portside doorway which gives access to the main stairwell on the bridge deck. This door is near to the hatch and ladder, which allows access from the top deck to the bridge deck.

120. Israeli soldiers fired live ammunition both from the top deck at passengers on the bridge deck below and after they had moved down to the bridge deck. At least four passengers were killed,⁷³ and at least nine injured (five with firearms injuries) during this phase. None of the four passengers who were killed, including a photographer who at the time of being shot was engaged in taking photographs and was shot by an Israeli soldier positioned on the top deck above, posed any threat to the Israeli forces. There was considerable live fire from Israeli soldiers on the top deck and a number of passengers were injured or killed whilst trying to take refuge inside the door or assisting other to do so. Wounded passengers were brought into the ship through the stairwell and through the ship’s bridge room and were helped downstairs where they could be given some form of medical treatment by doctors and others on board.

121. One witness described the circumstances in which one passenger was killed on the bridge deck:

I saw two soldiers on top of the roof standing there holding their guns down at something on the roof that I couldn’t see. There were two guys hidden underneath a walkway of the ship to the right hand side and I was screaming at them not to move. The two passengers were below the soldiers. They could not see the soldiers and the soldiers could not see them while they were hidden under the walkway. Then the guys moved out making themselves visible as they tried to run towards the metal door. One man made it to open the door and got inside. The other man must have been shot. I think he was shot in the head from the way he looked, he wasn’t moving at all. He was twenty or thirty metres away from me. When the second man got shot, the first man opened the door and using it as a shield tried to reach out for the second man. He managed to reach him and was pulling him by his right arm. I couldn’t see any blood, but he wasn’t moving at all.

122. A group of up to twenty passengers, some holding sticks and rods and wearing gas masks, were located on or around the stairwell inside the ship. One passenger standing just inside the door was shot through the broken porthole in the door by a soldier standing a few metres away on the bridge deck outside.

123. During the shootings on the bridge deck and as it became apparent that a large number of passengers had become injured, Bulent Yildirim, the President of IHH and one of principal organisers of the flotilla, removed his white shirt which was then used as a white flag to indicate a surrender. This does not appear to have had any effect and live firing continued on the ship.

124. Israeli forces moved down to the bridge deck and moved rapidly to take over the bridge room towards the front of the ship. The doorway and windows of the bridge room came under fire and the ship’s captain ordered the ship’s engines to be cut. Israeli soldiers entered the bridge room through the door and broken window. The crew were made to lie on the ground at gunpoint. The captain remained standing but was held at gunpoint.

(iv) Shootings at the bow deck, the release of the Israeli soldiers and end of the operation

125. During the initial fighting on the top deck three Israeli soldiers were taken under control and brought inside the ship. While some passengers wished to harm the soldiers, other passengers ensured that they were protected and able to receive rudimentary medical treatment from doctors on board. Two of the soldiers had received wounds to the abdomen. One of the soldiers had a superficial wound to the abdomen, caused by a sharp object, which penetrated to the subcutaneous tissue. None of the three soldiers had received gunshot injuries, according to doctors who examined them. All three soldiers were in a state of shock and were suffering from cuts, bruises and blunt force trauma.

126. As the seriousness of incidents on the outer decks became apparent, there was growing concern among some of the flotilla organisers that holding the captured Israeli soldiers may have serious implications for the security of all passengers on board.⁷⁴ It was decided that the soldiers should be released and they were taken to the bow of the lower deck. Once on the bow deck two of the soldiers jumped into the sea and were picked up by Israeli boats. The third soldier did not jump and was rapidly joined by Israeli soldiers who came down from the top deck.

127. At least four passengers were injured on the bow of the ship, both before and around the time that the Israeli soldiers were released. At least two passengers received wounds from live ammunition, while others received injuries from soft baton charges, including one doctor who was tending to injured passengers.

128. The Israeli forces stated that the active phase of the Israeli forces operation concluded at 0517 hours,⁷⁵ once the ship was under their control and the three soldiers were released. During the 45-50 minute operation, nine passengers were killed, more than 24 passengers had received serious injuries caused by live ammunition and a large number of other passengers had received injuries caused by plastic rounds, soft baton charges (beanbags) and other means.

 

(v) Treatment of injured on the Mavi Marmara

129. Whilst the Israeli operation was still under way, efforts were made to tend to wounded passengers inside the ship by other passengers, amongst whom were around 15 doctors, nurses and others with medical training, including an ophthalmologist and orthopaedic specialist. Prior to the attack the doctors had met and agreed to use the ship’s small medical room, but there was no anticipated or preparation for the nature of injuries that transpired. The limited medicines and lack of appropriate equipment made it very difficult to properly treat wounded persons, particularly those who had received live fire injuries and required immediate surgery. By the end of the Israeli operation more than thirty persons were being treated inside the cabins, primarily in the lower deck in makeshift surgery areas, twenty of whom were in a critical condition.

130. The flotilla organisers and other passengers engaged in efforts to request the Israeli forces to provide the necessary treatment to the wounded persons. One organiser used the ship’s intercom to request assistance in Hebrew and persons also communicated directly through the cabin windows or by placing signs, written in English and Hebrew, in the ship’s windows. These attempts proved unsuccessful and it was up to two hours before the Israeli forces took out the wounded persons. However, the wounded were required to leave the cabins themselves, or taken outside in a rough manner, without apparent concern for the nature of their injuries and the discomfort that this would cause.

131. The wounded passengers were taken to the front of the top deck where they joined other passengers injured during the operation on the top deck and where the bodies of persons killed during the operation had been left. Wounded passengers, including persons seriously injured with live fire wounds, were handcuffed with plastic cord handcuffs, which were often tied very tightly causing some of the injured to lose sensitivity in their hands. These plastic handcuffs cannot be loosened without being cut off, but can be tightened. Many were also stripped naked and then had to wait some time, possibly as long as twothree hours, before receiving medical treatment. Medical treatment was given to a number of wounded persons on the top deck by the Israeli forces.⁷⁶

132. Over several hours the wounded passengers were then airlifted by Israeli forces helicopters from the ship to hospitals in Israel.⁷⁷ However, some of the wounded remained on board the Mavi Marmara, at least one of whom had injuries caused by live ammunition and did not receive appropriate medical treatment until after the ship’s arrival at the port of Ashdod in Israel many hours later.

(vi) Search and initial detention of Mavi Marmara passengers

133. All other passengers on the Mavi Marmara were taken one-by-one from the cabin areas and onto the external deck areas and were searched. The vast majority of passengers, including the ship’s captain and crew, were then handcuffed with plastic handcuffs and forced to kneel on the various decks for some hours. Some women, elderly men and persons from western countries were not handcuffed, or were temporarily handcuffed and then uncuffed after a relatively short period of time and were then permitted to sit on the benches. Most of those kneeling were drenched by water from the blades of the helicopter and were thus also in wet clothing throughout this period and were very cold. Other passengers exposed on open decks received serious sun-burn to their skin as a result of many hours exposure: medical reports show that at least thirteen passengers received firstdegree burns as a consequence. During the course of the twelve-hour journey to the port of Ashdod in Israel the passengers were brought inside the ship and allowed to sit on the available seating.

134. In the process of being detained, or while kneeling on the outer decks for several hours, there was physical abuse of passengers by the Israeli forces, including kicking and punching and being hit with the butts of rifles. One foreign correspondent, on board in his professional capacity, was thrown on the ground and kicked and beaten before being handcuffed. The passengers were not allowed to speak or to move and there were frequent instances of verbal abuse, including derogatory sexual remarks about the female passengers. Passengers were denied access to toilet facilities or made to wait for lengthy periods before being escorted to the toilet and then forced to use the toilet with Israeli soldiers watching and while handcuffed. Some passengers were in serious discomfort as a result, while others used makeshift receptacles, such as plastic bottles and others still were forced to urinate on themselves. The Israeli forces also employed dogs and some passengers received dog bite wounds. Some witnesses who suffer from chronic medical conditions, such as diabetes or heart conditions, were not provided access to their required medicines which were taken by Israeli soldiers.

135. The manner in which plastic handcuffs were attached to the wrists of passengers caused severe pain and discomfort. There was widespread misuse of the handcuffs by the Israeli soldiers who tightened the plastic handcuffs to an extent that caused pain, swelling, a loss of blood circulation in the hands and the loss of sensitivity in their hands and fingers. Most passengers who requested that the handcuffs be loosened were ignored or it resulted in the handcuffs being further tightened. A number of passengers are still experiencing medical problems related to the handcuffing three months later and forensic reports confirm that at least fifty-four passengers had received injuries, transversal abrasions and bruises, as a result of handcuffing on board the Mavi Mamara.

(c) Events aboard the Challenger 1

136. Passengers and crew on the Challenger 1, the smallest and fastest vessel in the flotilla, were able to witness the first moments of the assault on the Mavi Marmara. Once it became apparent that the Israelis intended to commandeer the ships, the decision was made for the Challenger 1 to accelerate out of the formation of the flotilla to allow more time for the journalists aboard to transmit news of the assault to the outside world via the boat’s satellite internet connection which remained in operation, but also in the hope that at least one boat might still be able to reach Gaza. The boat was chased by one of the Israeli corvette boats which it was unable to outrun. Eventually the starboard engine lost oil pressure and the captain, concerned the Israelis might ram the boat, shut down the engines.

137. The boat was intercepted by two Israeli boats and a helicopter. Passengers on the board said that at least one stun grenade was launched at the boat by the Israelis before they attempted to board. Passengers on the decks had decided in advance to employ passive resistance techniques to resist symbolically the Israeli soldiers boarding the boat. The passengers stood unarmed side-by-side blocking the path of the soldiers. Soldiers opened fire with paintballs and rubber bullets as they boarded, hitting and injuring one woman in the face with either a plastic bullet or a paintball. Another woman was bruised on her back by from rubber bullets.

138. Once on board, the soldiers moved to take control of the fly bridge. Passengers obstructing access were forcibly removed. On entering the fly bridge, the soldiers were met with no resistance, but a female journalist sustained burns on her arms from an electroshock weapon fired by an Israeli soldier. Witnesses said that the primary concern of the soldiers seemed to be the confiscation of photographic equipment and media.

139. The passive resistance offered by the passengers was met with force. One woman’s head was hit against the deck of the boat and then stepped on by an Israeli soldier. Passengers were handcuffed very tightly with plastic ties behind their backs, while the woman injured in the face was left unattended.

140. Several passengers said that it was clear that the Israeli soldiers knew who was onboard as they referred to some passengers by name. A plasticised booklet recovered from a soldier on the Mavi Marmara and filmed identified specific passengers on several boats with names and photographs including the Challenger 1.

141. One crew member observed that the soldiers were very young, seemed frightened and that were initially poorly organized. Soldiers behaved aggressively from the outset towards the passengers. Passengers were handcuffed with plastic ties and denied access to the toilet. One elderly man was obliged to urinate in his clothes because he was refused access to the toilet. There was an attempt to forcibly eject one woman from the boat into one of the zodiacs. Two women had hemp bags placed over their heads for an extended period. The woman injured in the face in the initial stage of boarding was left unattended for an extended period, even though there was an army medic on board. The physical violence was described as “unwarranted and excessive”. No distinction was made between activists and journalists, despite the presence of several well-respected international journalists on board.

142. The boat arrived in Ashdod at around 1100 hours on 31 May. Several passengers joined arms to resist disembarkation, protesting that they had been brought to Israel against their will from international waters. Two female passengers were handcuffed and forcibly removed while a male passenger was threatened with an electroshock weapon at point blank range. Passengers were led off the boat one-by-one accompanied by two Israeli officers.

(d) Events aboard the Sfendoni

143. The operation to board the Svendoni took place simultaneously with the assault on the Mavi Marmara. Soldiers were able to climb directly on board in a straightforward manner from zodiac boats without the need to use grappling irons or other equipment. Prior to boarding a number of stun grenades, plastic bullets and paint balls were fired at the boat from soldiers on the zodiacs: at least two passengers were hit, one on the back of the head. According to a medical doctor on board, one of stun grenades landed in the confined space of the bridge, injuring a number of people and causing damage to the hearing of one man.

144. Once aboard, the soldiers proceeded to the bridge of the ship. The passengers had planned to sit down on the decks of the boat to show passive resistance, but in the event the plan was only partially implemented. Many of the passengers, including the elderly, stayed below decks in the main lounge. On deck, passengers linked arms around the bridge. The Israelis then proceeded to fire electroshock weapons at the protesting passengers to clear access; a medical doctor, who was himself hurt in this way, later treated numerous electrical burn injuries to passengers. When two Israeli soldiers entered the bridge, one of the crew grabbed the wheel tightly, protesting that the boat was in international waters. A soldier hit him with the butt of his gun and in the ensuing scuffle the captain was kicked in the back, punched several times in the face and received electric shock burns from an electroshock weapon.

145. At one point after the boat was taken under control one passenger was roughly treated and restrained at the hands and feet with plastic ties. He screamed in protest and because the ties were too tight. At the insistence of a medical doctor, the handcuffs were removed. The man then ran and jumped into the sea. The passenger was later picked up by another boat.

146. The Israeli forces took control of the boat and the passengers were made to sit down. Some passengers were restrained with plastic ties for an initial period, but most were not. The soldiers attempted to stop a medical doctor from treating the passengers’ injuries, saying that the army medical officer on board would treat them. But since he was masked and armed like the other soldiers, no passengers would consent to be treated by him. The doctor said that they would have to shoot him to prevent him doing his job.

147. Passengers were searched one-by-one and taken to the main salon. Passengers said that access to water and to the toilet was only possibly with difficulty after repeated requests and not all passengers were granted access. Passengers were allowed to prepare food which they refused to eat until an army cameraman ceased filming them for propaganda reasons. Witnesses said that the soldiers were always aggressive and shouting and pointing their guns, but otherwise no one was ill-treated or restrained.

(e) Events aboard the Eleftheri Mesogios

148. Israeli forces boarded the Eleftheri Mesogios after 0430 hours, concurrently with the assault on the Mavi Marmara and Sfendoni. Soldiers boarded from three zodiac boats, using grappling irons and rope ladders to climb the sides of the ship. Although barbed wire had been placed around the ship, the soldiers were able to board relatively quickly. 149. The passengers did not engage in any pro-active resistance to the take-over of the ship but used passive resistance methods, blocking access to the bridge with their bodies. The Israeli forces used physical force, electroshock weapons, plastic bullets and paint balls to clear the area. A number of passengers were injured, including one passenger whose leg was fractured leg.

150. All the passengers and crew were handcuffed. Israeli soldiers confiscated their passports and subjected them to body searches. Those who refused to cooperate were roughly treated. According to a number of witnesses, some people who refused to surrender their passports were assaulted, including one woman who was punched in the stomach and one man who was wrestled to the ground by two soldiers, kicked and beaten. One passenger said that the hand ties were too tight and when he asked for them to be loosened they were instead tightened further.

151. Witnesses stated that the passengers were almost continuously filmed on video cameras by the Israeli forces. One passenger said that he felt this was being done deliberately to humiliate the passengers and that this contributed directly to an elderly passenger experiencing an anxiety attack.

(f) Events aboard the M.V. Gazze 1 and M.V. Defne Y

152. Israeli forces boarded the M.V. Gazze 1 from zodiacs boats sometime after 0530 hours. The crew and passengers on board offered no resistance and the Israeli forces took control of the ship without incident. Passengers were ordered onto the deck while the ship was searched with dogs and then later taken to the dining hall where they were bodysearched. During the eight-hour journey to Ashdod they were not handcuffed and were provided with food.

153. Israeli forces boarded the M.V. Defne Y by fast rope from helicopters at approximately 0530 hours. The crew and passengers on board offered no resistance and the Israeli forces took control of the ship without incident. They were then kept within the cabins until they arrived in the port of Ashdod. No crew members or passengers were handcuffed and the Israeli soldiers brought food from the kitchens for them to eat. One passenger, a cameraman working for the IHH organisation, said that he was interrogated for a five hour period and physically assaulted, in relation to a video tape that he had hidden.

(g) Events aboard the M.V. Rachel Corrie on 5 June 2010

154. The Rachel Corrie was delayed in departing Ireland and stopped in Malta for passengers to embark. The ship therefore was unable to join the rest of the flotilla at the meeting point south of Cyprus. Nevertheless, it was intercepted by the Israeli forces and the people on board went through similar experiences to those on the other ships. There was a total of nine crew and eleven passengers on board including a number of high-profile public figures.

155. The passengers aboard the Rachel Corrie, having learned of the interception of the flotilla by satellite phone, unanimously decided to proceed to Gaza as planned as a mark of respect for those who had died. The crew were consulted and also agreed to continue. A press release was issued confirming the decision to continue.

156. On 3 June, the Irish Government engaged in negotiations with the Government of Israel to guarantee that the cargo of aid aboard the Rachel Corrie could be delivered to Gaza if the ship diverted to the port of Ashdod. The passengers on the ship did not participate in these negotiations and decided to reject the offer since their objective was not only to deliver the aid but also to break what they considered the illegal siege of Gaza. 157. The ship continued its journey towards Gaza. The interception of the vessel followed the precedent of the earlier interceptions, but without violence, on 5 June. A number of Israeli naval vessels came into view and radio contact commenced at about 0630 hours. The captain was informed that Gaza was a closed military zone and that the ship should not proceed. The Rachel Corrie responded that it was a civilian ship delivering humanitarian aid and that their cargo, which had been checked and sealed by the authorities in Ireland, did not constitute a threat to Israel.

158. The passengers on the ship noted with irritation that the Israelis continually referred to the ship by its former name, the M. V. Linda. The ship had been renamed shortly before leaving Ireland to commemorate an American woman, Rachel Corrie, who had been killed by an Israeli bulldozer in the Gaza Strip in 2003.

159. When the Israelis warned of their intention to board the vessel, the passengers rejected Israel’s right to board since they were in international waters and did not constitute a threat but stated that there would be no violent resistance to a boarding. The ship’s communication capability was jammed. The engines were cut by the captain and, at around 1100 hours, zodiacs approached the ship and soldiers boarded in accordance with an agreed procedure. The passengers and crew were gather amidships and sit with their hands outstretched, while one man controlled the boat in the wheel house. Around 35 armed soldiers, including three women, boarded in full riot gear. The boarding proceeded peacefully. According to one witness, the ship was 35 nautical miles from Gaza at this point.

160. The lead passenger, who had control of the ship just prior to the boarding, was handcuffed and made to kneel at the back of the ship for approximately 45 minutes after which he was placed with the crew. His wife was not allowed to see him during most of the journey to Ashdod. The other passengers had their passports checked, were searched and then made to sit in the sun for several hours while the ship was searched. The ship was then taken to Ashdod without incident.

161. The Israeli Chief of General Staff, testifying before the Turkel Committee, cited the Rachel Corrie as an example of a humanitarian ship which had accepted to be diverted to Ashdod in order that the aid could be delivered to the Gaza Strip by land. This contradicts the assertion by passengers of the ship that they were boarded after protest and were taken to Ashdod against their will.

2. Legal Analysis of the use of force in intercepting the Gaza flotilla

(a) Excessive use of force and the right to life and to physical integrity

162. Article 6, paragraph 1 of the International Covenant on Civil and Political Rights states:

Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

This right is non-derogable.

163. Insofar as the Israeli interception of the flotilla was unlawful—and the Mission considers that it was unlawful—the use of force by the Israeli forces in seizing control of the Mavi Marmara and other vessels was also prima facie unlawful since there was no legal basis for the Israeli forces to conduct an assault and interception in international waters. Moreover, in undertaking these operations and regardless of the legality of the operation, the Israeli forces were obliged to do so in accordance with the law, including Israel’s international human rights obligations.

164. The Code of Conduct for Law Enforcement Officials prescribes in Article 2 that “in the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons”; and article 3 continues “Law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty”. This article clearly determines that the use of firearms is considered as an extreme measure and that whenever the lawful use of force and firearms is unavoidable, law enforcement officials shall minimize damage and injury and respect and preserve human life.

165. In boarding the Mavi Marmara, both from the sea and from the air, the Israeli forces met a level of resistance from some of the passengers on board that was significant and, it appears, unexpected. However, there is no available evidence to support the claim that any of the passengers had or used firearms at any stage. In the initial phases of fighting with the Israeli soldiers on the top deck, three Israeli soldiers were disarmed and taken inside the ship. At this point, there may have been a justifiable belief of an immediate threat to life or serious injury of certain soldiers which would have justified the use of firearms against specific passengers.⁷⁸

166. Principle 9 of the Basic Principles on the Use of Firearms by Law Enforcement Officials stipulates that “Law enforcement officials shall not use firearms against persons except in self-defence or defence of others against the imminent threat of death or serious injury, to prevent the perpetration of a particularly serious crime involving grave threat to life […] and only when less extreme means are insufficient to achieve these objectives. In any event, intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life.”

167. Nevertheless, throughout the operation to seize control of the Mavi Marmara, including before the live fire restriction was eased, lethal force was employed by the Israeli soldiers in a widespread and arbitrary manner which caused an unnecessarily large number of persons to be killed or seriously injured. Less extreme means could have been employed in nearly all instances of the Israeli operation, since there was no imminent threat to soldiers; for example in relation to the operation to move down to the bridge deck and seize control of the ship and the firing of live ammunition at passengers on the bow deck of the ship. Even in a situation where three individual soldiers have been injured and detained, the objective of freeing these soldiers does not legitimate the use of force outside applicable international standards and soldiers must continue to respect and preserve life and to minimize injury and damage.

168. In such circumstances the use of less extreme means, such as available less-lethal weaponry, would have been sufficient to achieve the required objective as required by Principle 4 of the Basic Principles on the Use of Firearms by Law Enforcement Officials.⁷⁹

A well-trained force such as the Israeli Defence Force should have been able to successfully contain a relatively small group of passengers armed with sticks and knives and secure control of the ship without the loss of life or serious injury to either passengers or soldiers.

169. A large number of injured passengers received wounds to critical areas of the body containing vital organs – the abdomen, thorax and head. Furthermore, a number of passengers who were clearly not engaged in any activities to resist the boarding by the Israeli forces, including a number of journalists and persons who had been sheltering from the fire, received injuries, including fatal injuries. It is apparent that no effort was made to minimise injuries at certain stages of the operation and that the use of live fire was done in an extensive and arbitrary manner. It is difficult not to conclude that, once the order to use live fire had been given, no one was safe. Under the circumstances, it seems a matter of pure chance that there were not more fatalities as a result. Principle 5 of the Basic Principles on the Use of firearms by Law Enforcement Officials stipulates that “whenever the lawful use of force and firearms is unavoidable, law enforcement officials shall: (a) Exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved; and (b) Minimize damage and injury and respect and preserve human life.”

170. The circumstances of the killing of at least six of the passengers were in a manner consistent with an extra-legal, arbitrary and summary execution. Furkan Dogan and Ibrahim Bilgen were shot at near range while the victims were lying injured on the top deck. Cevdet Kiliçlar, Cengiz Akyüz, Cengiz Songür and Çetin Topçuoglu were shot on the bridge deck while not participating in activities that represented a threat to any Israeli soldier. In these instances and possibly other killings on the Mavi Marmara, Israeli forces carried out extralegal, arbitrary and summary executions prohibited by international human rights law, specifically article 6 of the International Covenant on Civil and Political Rights.⁸⁰

171. It is apparent that a number of the passengers on the top deck were subjected to further mistreatment while lying injured. This included physical and verbal abuse some time after the operation to secure control of the deck had concluded. Furthermore these passengers were not provided with medical treatment for two to three hours after the cessation of the operation. Similarly injured passengers who were inside the ship at the end of the operation of the Israeli forces were denied proper medical treatment for a similar length of time despite frequent efforts by other persons on board, including flotilla organizers, requesting such assistance to be provided. Other passengers suffering from chronic medical conditions were also denied access to their required essential medicines. The Israeli forces failed to meet the requirement to provide proper medical treatment to all those injured as rapidly as possible.⁸¹ Furthermore, the use of firearms should have been preceded by clear warnings of the intent to do so.⁸² While the circumstances of the initial stages on the top deck may not have been conducive to the issuance of such warnings, later 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 characterised 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 United National 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.

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 was 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 manner in which the handcuffs were used was clearly unnecessary and deliberately used to cause pain and suffering to passengers.

180. Torture is prohibited under the non-derogable article 7 of the ICCPR. Furthermore, Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment states:

For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.

Article 2(2) of the Convention emphasizes the absolute prohibition of torture:

No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture.

Insofar as these abuses amounted to the deliberate punishment of the passengers, or were an attempt to intimidate or coerce one or more of the passengers for participation in the flotilla and/or activities to prevent the interception of the flotilla, the treatment tended towards torture.

181. The Mission thus determines that the treatment of passengers on board the Mavi Marmara and in certain instances on board the Challenger 1, Sfendoni and the Eleftheri Mesogios, by the Israeli forces amounted to cruel, inhuman and degrading treatment and, insofar as the treatment was additionally applied as a form of punishment, torture. This represents a violation of articles 7 and 10 (1) of the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

(c) Possible violations of the Fourth Geneva Convention and customary international humanitarian law

182. In addition to the international human rights violations set out above, the Mission considers that the same factual circumstances provide prima facie evidence that protected persons suffered violations of international humanitarian law committed by Israeli forces during the interception, including wilful killing, torture or inhuman treatment and wilfully causing great suffering or serious injury to body or health within the terms of article 147 of the Fourth Geneva Convention.

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⁶⁷ For the purposes of this report, the following terms are used to describe the various decks of the Mavi Marmara: Top Deck – the roof of the ship where the satellite tower and funnel are located, Bridge Deck – the deck below the Top Deck which gives access to the Bridge, Bow Deck – lowest open deck with access to the front of the ship. Live television broadcasts were made from an open deck area at the back of the Bridge Deck.
⁶⁸ It is worth noting that in accordance with the International Maritime Organization’s circular ‘Guidance to ship owners and ship operators, shipmasters and crews on preventing and suppressing acts of piracy and armed robbery against ships’ from June 2009, the use of water hoses is recommended as a means to prevent an attempted boarding by pirates and armed robbers. IMO Circular Msc.1/Circ.1334, date 23 June 2009, Annex, para. 57 states as follows: “The use of water hoses should also be considered though they may be difficult to train if evasive manoeuvring is also taking place. Water pressures of 80 lb per square inch and above have deterred and repulsed attackers. Not only does the attacker have to fight against the jet of water but the flow may swamp his/her boat and damage engines and electrical systems. Special fittings for training hoses could be considered which would also provide protection for the hose operator. A number of spare fire hoses could be rigged and tied down to be pressurized at short notice if a potential attack is detected.”
⁶⁹ The Mission has found no evidence of knives being taken on board by passengers except for one traditional ceremonial knife. However, the Mavi Marmara had six kitchens, each of which was stocked with usual culinary knives.
⁷⁰ In his testimony to the Turkel Committee on 11 August 2010, Chief of General Staff Ashkenazi refers to one soldier being “shot in his abdomen by one of the activists” and that “in the course of the battle, five soldiers are wounded by stabbings, blows and shooting.” However, at the Special Sitting of the Human Rights Council on 1 June 2010 Ambassador Aharon Leshno Yaar, Permanent Representative of Israel to the United Nations, Geneva stated that passengers “shot two Israeli soldiers”. In contrast, in the State’s Response at the Habeas Corpus hearing on 2 June 2010, no specific reference is made to any Israeli soldiers being shot.
⁷¹ In his testimony to the Turkel Committee on 11 August 2010, Chief of General Staff Ashkenazi stated that the first helicopter carried 15 soldiers, the second helicopter carried 12 soldiers and the third helicopter carried 14 soldiers.
⁷² Fahri Yaldiz, Furkan Dogan, Ibrahim Bilgen and Ali Haydar Bengi.
⁷³ Cevdet Kiliçlar, Cengiz Songür, Cengiz Akyüz and Çetin Topçuoglu.
⁷⁴ It also appears that the Israeli forces were planning to enter the ship’s cabins in order to locate the three soldiers: In his testimony to the Turkel Committee on 11 August 2010, COGS Ashkenazi stated that at the time when the Israeli forces spotted the three soldiers on the bow deck: “The force commander [was preparing] to rush the passengers’ area in order to locate the missing soldiers.”
⁷⁵ As stated by COGS Ashkenazi in his testimony to the Turkel Committee on 11 August 2010.
⁷⁶ According to the testimony of COGS Ashkenazi to the Turkel Committee on 11 August 2010, field surgeries were performed on fourteen passengers on board the ship.
⁷⁷ According to the testimony of COGS Ashkenazi to the Turkel Committee on 11 August 2010, 31 wounded passengers and seven wounded Israeli soldiers were airlifted from the ship utilizing “approximately 40 helicopter evacuations” and all wounded had been evacuated by 1230 hours.
⁷⁸ The Israeli Chief of Defence Staff is attributed with saying that the rules of engagement of the soldiers made clear that live fire was initially only to be used in life-threatening situations and that this restriction was only later eased in order to target protesters deemed to be violent in response to unexpected level of violent resistance and the unknown whereabouts of some soldiers. IDF Chief of General Staff, Gabi Ashkenazi’s testimony to the Turkel Committee: Public Commission to Examine the Maritime Incident of May 31, 2010, Session Number 4, 11 August 2010.
⁷⁹ Law enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent means before resorting to the use of force and firearms. They may use force and firearms only if other means remain ineffective or without any promise of achieving the intended result.
⁸⁰ See Principles 1 and 2 of the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions.
⁸¹ As set out in principle 4 (c) of the Basic Principles on the Use of firearms by Law Enforcement Officials states that law enforcement officials shall: “Ensure that assistance and medical aid are rendered to any injured or affected persons at the earliest possible moment”.
⁸² Principle 10 of the Basic Principles on the Use of firearms by Law Enforcement Officials stipulates that “law enforcement officials shall identify themselves as such and give a clear warning of their intent to use firearms, with sufficient time for the warning to be observed, unless to do so would unduly place the law enforcement officials at risk or would create a risk of death or serious harm to other persons, or would be clearly inappropriate or pointless in the circumstances of the incident.”
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 Steiner- Birmanns 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 but they can also be permanent. From the neurologist’s perspective tight handcuffs may cause transient or irreversible damage to the detainee and, accordingly, the use of loosened handcuffs should be considered.”