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
E. Consequences for Israeli Citizens of participation in the Flotilla
Factual Description and Findings
250. The Mission found the following facts to have been established to its satisfaction.
(a) Detention and criminal prosecution of Israeli citizens
251. Passengers with Israeli citizenship were separated from other passengers on arrival in Ashdod. After interrogation, they were informed that they would be detained and face charges under Israeli law, including attempting to kill a soldier, seizing arms, shooting from a soldier’s gun, organizing violence and being present in a military zone. Although taken to a different prison, they had similar experiences as the other passengers including sleep deprivation and denial of access to a lawyer.
252. On 1 June 2010, the Ashkelon Magistrate’s Court remanded in custody four Palestinian Israelis: Mr. Muhammed Zeidan, Chairman of the High Follow-up Committee for Arab Citizens of Israel; Sheikh Raed Salah, the Head of the Islamic Movement of Israel (northern branch); Sheikh Hamad Abu Daabe, Head of the Islamic Movement in Israel (southern branch) and Ms. Lubna Masarwa of the Free Gaza Movement. On 3 June 2010, the same court decided to release the group with certain conditions, including a period of house arrest until 8 June, prohibition from leaving the country for 45 days and the posting of a bond of 150,000 Shekels by a third party.
253. The four people have not since been indicted but the file is still open and the charges have not been withdrawn.
(b) Reprisals against an elected member of the Knesset
254. One member of the Israeli Knesset, Ms Haneen Zouabi, was a passenger on the Mavi Marmara. Ms. Zouabi was not detained, but was extensively interrogated.
255. As a result of her participation in the flotilla, the Knesset voted on 7 June 2010 to remove three of parliamentary privileges available to Ms. Zouabi as a Member of the Knesset: her privileges in overseas travel; her diplomatic passport; payment of any legal fees in case of removal of her parliamentary immunity from criminal prosecution. The Knesset held several sessions on the issue of her participation in the Flotilla during which there were racist and sexist remarks and physical threats made against her. Some parliamentarians have also called for her to face criminal prosecution and measures, such as revoking her membership in the Knesset, were discussed. The Israeli Minister of Interior accused Ms. Zouabi of treason and requested authorization from the Attorney General to revoke her citizenship. To date, no criminal proceedings have been initiated against Ms. Zouabi. Since her participation in the Gaza Flotilla, Ms. Zouabi has received many death threats.
256. The Inter-Parliamentary Union’s Committee on the Human Rights of Parliamentarians adopted a confidential decision at its 130th session in July 2010,89 holding the punishment of Ms. Zouabi for exercising her freedom of speech by expressing her political position to be unacceptable and calling on the Knesset to reconsider its decision.
257. The Mission refrains from any comment on any domestic legal proceedings which may be sub judice. However, the Mission notes that these actions against Israeli citizens could give rise to certain violations of Israel’s international human rights obligations, including freedom of expression, political participation rights and rights to due process.
89 Case No. IL/04 – Haneen Zoabi – Israel
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