NEWS UPDATE

3 August 2010

(Haifa, Israel) After their release following the Israeli navy's attack on the Gaza Freedom Flotilla on 31 May 2010, two human rights activists from the Free Gaza Movement, Ms. Lubna Masarwa and Ms. Huwaida Arraf, were surprised to learn of the publication of internal documents concerning the organization of the flotilla on the website of the Intelligence and Terrorism Information Center. These documents were saved on their personal computers, which were confiscated by the Israeli navy following the attack on the flotilla.

The website clearly indicates that these documents are “internal documents seized in the last flotilla.” Addresses appear on some of these documents, which show that they are preliminary drafts, not for publication. The website also published documents listing the names of activists from the Free Gaza Movement with their phone numbers and e-mail addresses.

After the attack on the flotilla, the Israeli military arrested most of the activists on board, including Ms. Masarwa, who was on the "Mavi Marmara" ship, and prevented them from taking their personal possessions. From Ms. Masarwa, a Palestinian Arab citizen of Israel, the Israeli authorities seized her passport, computer, mobile phone and other items. Ms. Masarwa was detained for four days after her arrest, and then placed her under house arrest for a week and prohibited from traveling abroad for 45 days. Adalah Attorneys Hassan Jabareen and Orna Kohn, as well as Attorney Hussein Abu Hussein, and Attorney Khaled Zabargha of Meezaan Center for Human Rights in Nazareth represented Ms. Masarwa, who was detained together with Mr. Muhammed Zeidan, the Chairman of the High Follow-up Committee for Arab Citizens of Israel; Sheikh Raed Salah, the Head of the Islamic Movement in Israel; and Sheikh Hamad Abu Daabes, the Head of the Islamic Movement in Israel (southern branch).

Ms. Huwaida Arraf, who was on board the “Challenger” ship, was detained and transferred to a police station close to the port of Ashdod, after the ship was seized. After being interrogated for many hours, she was released without being allowed to take any of her personal possessions except for her passport. Ms. Arraf is a Palestinian citizen of Israel and a US citizen.

In this context, Adalah Attorney Haneen Naamnih sent a letter on 28 July 2010 to the Defense Minister, Ehud Barak and the Attorney General, Yehuda Weinstein, calling on them to open an investigation into to the unauthorized use of the two activists' computers, looking through the documents stored inside and illegally posting them on a website without a court order or other permission or consent allowing them to do so. Adalah emphasized in the letter that the seizure and confiscation of property belonging to the Freedom Flotilla passengers and the failure to return it to the owners, is in itself illegal, let alone using these items and tampering with them.

Adalah also demanded the return of all the personal belongings of Ms. Masarwa and Ms. Arraf, and in particular Ms. Masarwa's passport, as there is no longer any court order to prevent her from leaving the country. Holding her passport without a court order is prohibited, and limits her ability to travel abroad freely.

Israeli soldiers' unauthorized use of a credit card belonging to a flotilla passenger
Adalah Attorney Haneen Naamnih also sent a letter on 28 July 2010 to the Defense Minister and the Attorney General demanding the opening of a criminal investigation into the theft and unauthorized use of a credit card belonging to one of the passengers on the Freedom Flotilla following her arrest and the confiscation of all her personal possessions.

Adalah stated in the letter that the activist Ms. Katherine Sheetz, an American citizen, 63 years old, was on board the “Challenger” when it was seized by the Israeli navy. Ms. Sheetz was arrested with the other hundreds of passengers and detained in the “Ela” detention center in Beer el-Sabe (Beer Sheva), until she was released and deported to Turkey four days later. Like the other activists, Ms. Sheetz was prohibited from taking any of her personal possessions from the ship except for her passport. After arriving home to Massachusetts, Ms. Sheetz discovered that her credit card had been used in Tel Aviv between the dates of 31 May 2010 and 14 June 2010, after her property including her credit card was confiscated by the Israeli navy. Numerous purchases were made from vending machines.

In the letter, Attorney Naamnih argued that these acts constitute theft under the Israeli Penal Law, and that a criminal investigation should be opened and those responsible indicted and punished.  Furthermore, Ms. Sheetz should be compensated for the money stolen from her, among other things, and that all her possessions confiscated by the Israeli authorities must be returned to her.

Request for information regarding the flotilla passengers' personal property
On 14 July 2010, Adalah sent a letter to the Defense Minister, the Foreign Minister and the Attorney General requesting information regarding the personal property of passengers on the flotilla, after receiving many complaints from them. Dozens of passengers reported the confiscation of computers, mobile phones, cameras, video equipment, money, and other personal belongings.

The letter, prepared by Attorney Naamnih, stated that according to official information sent by Israel to the Foreign Commonwealth Office (UK) and the US State Department, the personal property of the passengers on the flotilla had been transferred to Turkey. However, contrary to these notices, most of the passengers in contact with Adalah are reporting that to date, they have not been able to retrieve their property. Since there is a vagueness relating to the illegally confiscated property and since Israel has not established any mechanism to deal with complaints regarding this matter, Adalah requested the following information: (1) Where is the property being held and which authority is responsible for it; (2) Was the property registered and was it marked with ordinal numbers to identify its owners; (3) Was a mechanism to retrieve the property created; if yes, what is this mechanism and how can a person who wishes to obtain his/her confiscated  property contact the officials in charge of this mechanism; and (4) Under what legal authority Israel is basing its right to  confiscate the property.

Letter re: property of Ms. Lubna Masarweh and Ms. Huwaida Arraf, 28 July 2010
Letter re: property of Ms. Katherine Sheetz, 28 July 2010
Letter re: confiscation of property, 14 July 2010

 

 

 

 

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