Torture, humiliation, sexual violence and danger of death: testimonies of those returning from ["Palestinian"] captivity

Torture, humiliation, sexual violence and danger of death: testimonies of those returning from captivity. A new report collected the testimonies of the Israelis who were released from Hamas - and calls for international action to release the abductees immediately. "and to starvation and mental harm.

The headquarters of the families of the abductees published a report today (Sunday) on the conditions in which the abductees are being held in Gaza, as they claimed from the released abductees. In the document, they called for international action due to the violation of the human rights of the abductees that require their urgent release and immediate medical assistance. .. the details are difficult to read

According to the evidence provided in the report, the abductees undergo psychological and physical torture and abuse. They are locked in tunnels and small spaces, threatened with weapons and beaten. The detail of the document states that children are forced to watch footage of massacre and mutilation, all the abductees suffered pain and humiliation.

The report also revealed that many of the released abductees testified to criminal neglect, their nutrition was poor, and the hygienic conditions were difficult.

Abductees who were released told of a meal with one or two servings a day. Others described being able to obtain a limited amount of sandy and salty water, sometimes only one bottle a day.

The document detailed the lack of medical treatment. According to the evidence presented, the freed abductees testified to an alarming lack of care for the wounded who were still in captivity.

The few who received medical treatment reported poor treatment, such as surgery by a veterinary surgeon. Medicines are not delivered to them, even though a third of the abductees who remain in captivity suffer from illnesses that require medical treatment.

Another issue addressed in the document is violence and sexual abuse. It is claimed that the freed abductees testified that men and women suffered violent sexual assaults in captivity.

Free translation of:

https://img.mako.co.il/2023/12/10/_____________.pdf

10/12/2023

Violation of the human rights of the abductees from the massacre on October 7:

A call to international action on International Human Rights Day

Introduction

“The declaration to all the nations of the world concerning human rights”

Adopted by the United Nations General Assembly on December 10, 1948, in response to the atrocities committed by the Nazi regime during World War II and the inadequate protection afforded to millions of victims during that period. Today, as we mark the 75th anniversary of this declaration, it is essential to refer The attention to those people whose rights have been brutally violated for the past 65 days, after they were kidnapped and held captive in the Hamas tunnels and in other unknown places in the Gaza Strip.

65 days ago, during the Hamas massacre on October 7, more than 240 people were brutally kidnapped from their homes and from a music festival in southern Israel. In many cases, these abductions took place while many of their friends and family members were murdered right before their eyes. Among the abducted are babies, many children, women, men, elderly and young people suffering from chronic diseases who take daily medications, as well as those who were seriously injured during the massacre. These are populations that need special protection and treatment according to international humanitarian law. This is due to their increased vulnerability to serious physical and psychological damage, which may, at best, be irreversible, and at worst lead to death if urgent medical treatment is not provided immediately.

Furthermore, the freed abductees reported being held in extremely abusive conditions for more than two months, consistent with a serious violation of basic human rights. These violations included extreme psychological and physical violence, including brutal sexual assault and mutilation, torture, starvation and forced dehydration. All these, on top of that, are joined by the lack of medical care and the denial of access to representatives of the International Committee of the Red Cross (ICRC). This report focuses on the health consequences, the high risk of irreversible physical and mental damage, and ultimately the risk of death of the remaining abductees and the serious violation of their basic human rights by their abductor, the terrorist organization Hamas.
We cannot stress enough the urgency of international intervention to enable their immediate safe return.

The possible consequences of these ongoing acts of violence are life-threatening as detailed below, and require their urgent release and immediate medical assistance.

Psychological and physical torture

The events of October 7 will undoubtedly leave many of the abductees traumatized. They all suffered pain and humiliation and were denied their freedom. Furthermore, some of them witnessed the murder of their beloved family members, friends and community members, and some of them may not know what happened to them to this day. With each day in captivity, the abductees undergo psychological and physical torture and abuse.

The abductees suffer unimaginable conditions. The isolation and separation from parents and other family members, locked in tunnels and small spaces, threatened with gun threats, beaten with fists, their skin burned by fire, children who are forced to watch footage of massacre and mutilation. All of these can seriously damage their physical and mental health. The fact that Hamas continues to impose these conditions without human rights organizations demanding their immediate release or at least providing urgent medical assistance, puts the abductees at high risk of illness and death. Some of the abductees need medical and nursing assistance and based on reports of freed abductees we learn that many of them suffer from criminal neglect at the same time as continuous torture and humiliation.

The evidence that exists today indicates serious and ongoing violations of human rights and points to the urgency of providing medical treatment to the hostages who are still being held captive. Repeated requests to visit and assess the situation of the abductees, to allow access to humanitarian aid and to allow contact with family members - all were rejected. The importance and urgency of the situation must be emphasized, in light of the medical damage already evident among the hostages who returned to Israel.

Sexual violence

Over time, more and more testimonies from the survivors of the 7th of October, freed hostages, medical and rescue teams who were at the scenes of the massacre, not to mention the bravado videos filmed and published by Hamas terrorists, clearly reveal that violence and extreme sexual abuse were not a random byproduct, but a systematic and planned element of this terrorist attack. These include aggravated rape, mutilation of body parts but mainly breasts and genitals (both male and female), facial mutilation and beheading.

The freed abductees provided testimony revealing that both men and women suffered violent sexual assaults in captivity.

At its core, sexual violence, when it is used as a tool of power in combat, is intended first and foremost to humiliate, enslave and subjugate the civilian population and to sow destruction and chaos. There is a growing awareness that such sexual violence during conflict is often a deliberate and organized strategy known as “rape as a weapon of war”. In particular, the Fourth Geneva Convention of 1949 includes provisions concerning the treatment of women captives during conflicts. They emphasize the need to protect such people from violence and sexual abuse, to ensure that their dignity is respected, to respond to their special needs and to maintain family unity. These rules are intended to protect the rights and well-being of all individuals in times of war, while emphasizing the principles of humanity and the minimization of human suffering.

The physical and psychological consequences of sexual abuse are many. People who have been assaulted face a higher risk of physical harm and sexually transmitted infections, including HIV.

Women are especially vulnerable to severe damage to organs that require urgent surgical repair and may suffer from severe chronic pain, infections, impairment of future reproductive capacity, pregnancy from rape and more. Beyond the immediate physical consequences, sexual violence and rape often cause a spectrum of long-term emotional and psychological disturbances for both men and women. These can manifest as deep emotional trauma, fostering persistent feelings of fear, anxiety, depression and post-traumatic stress disorder (PTSD), as well as suicidal thoughts and, in some cases, actual suicide.

Nutrition

We know that the abductees were subjected to poor nutrition and hygiene, when some of them suffered from complex and life-threatening medical illnesses that required specific nutritional needs and sanitary conditions. Interviews with released abductees and their doctors revealed many examples of poor nutrition, which was based on only one or two meals a day, lacking nutrients and with insufficient calories. This diet leads to varying degrees of hunger. In addition, the released abductees reported that they were only able to obtain a limited amount of sandy and salty water, sometimes only one small bottle a day. The abductees who were released reported that the lack of food was also used as a means of torture.

The starvation regime imposed on the abductees endangers everyone’s health, but it especially endangers children and the elderly, as well as the sick and injured of any age. This regimen caused many of the released abductees to lose weight and muscle mass, leading to severe weakness and fatigue. Doctors treating the discharged reported a significant and rapid weight loss, ranging from 8 to 15 kg, which is 10-17% of the previous body weight, over a short period (between 14 and 50 days), which constitutes malnutrition and may be critical among those who who still remain in Gaza. The longer the abductees are held captive in Gaza under these difficult conditions, the greater the risk of further malnutrition and its complications.

It is important to note that there are still babies and older people in captivity, as well as people with unique nutritional needs. Furthermore, hunger causes increased vulnerability to disease, impaired wound healing, loss of function, apathy and depression. The elderly, as well as the children held hostage, may be prone to significant and rapid physical and mental deterioration.

Babies are at risk of failure to grow, and the harmful consequences of essential nutritional deficiencies; As we know, children are prone to developmental delays and stunted growth in such inhumane conditions. Among abductees of all ages, vitamin D deficiency may develop or worsen due to the lack of exposure to sunlight in the underground tunnels where they are held. Furthermore, nutritional needs are especially essential in cases of injuries or burns. Without providing these requirements, the healing process will be impaired, resulting in a lack of adequate recovery.

1. Lack of medical treatment.

Treatment of injuries

During the brutal kidnapping, many abductees suffered extreme forms of violence, extensive torture, mutilation and disfigurement, leaving them with severe injuries such as gunshot wounds, amputations and visible open wounds. Again, all of them were recorded by the Hamas terrorists themselves in their video footage.

Some of the abductees were forced to walk or run barefoot, which could have resulted in further injuries, fractures and orthopedic problems.

The abductees are at risk of infections from open wounds. If left untreated, these infections can become life-threatening.

The testimonies of the freed abductees highlight an alarming lack of care in treating the wounded of many who remained in captivity. Alarmingly, the few abductees who received medical treatment while in captivity reported poor treatment, as well as surgery by a veterinary surgeon, which further hampered their healing and rehabilitation processes. Furthermore, according to recent information, some of the abductees have been severely neglected, their condition has deteriorated and now their lives are in immediate danger. Those who may survive without treatment may well suffer lifelong disabilities.

2. Lack of medication and treatment

Due to the lack of medical treatment for chronic diseases, some of the freed abductees returned partially conscious and in another life-threatening condition and are now hospitalized in intensive care at various hospitals in Israel. Of the 137 abductees who remained in captivity, at least a third have previous chronic illnesses that require ongoing medical treatment that is denied to them, again in complete violation of their basic human rights. These diseases include diabetes, asthma, osteoporosis, anemia, inflammatory bowel diseases, skin diseases, Addison’s disease, recurrent urinary tract infections, hypothyroidism, heart disease, epilepsy, hypertension, cancer and more. Some of the abductees suffer from diagnosed mental problems such as anxiety, depression and post-traumatic stress disorder.

The lack of appropriate treatment will lead, or has already led, in many cases to immediate life-threatening situations or risks of irreversible complications such as stroke, heart attack, kidney failure, fatal fractures and more. Deliberately preventing the abductees from the necessary medical treatment constitutes a serious violation of their human rights and directly endangers their lives. Several of the freed abductees have been diagnosed with new serious illnesses related to their captivity, including strokes, arrhythmias and heart problems, infectious diseases, reduced lung and kidney function, and more. Some are still in a life-threatening condition and others suffer from severe disabilities. There is clear evidence that some of the abductees died in these horrific conditions.

So far, Hamas has denied access to the Red Cross teams, and any information on the medical condition of the remaining 137 hostages has been gathered solely from information received from the freed hostages. Their testimonies show that many hostages receive adequate medical treatment. The lack of adequate care for the sick and wounded is an immediate danger to life and risks irreversible complications.
The Abducted and Missing Families Forum, a voluntary organization established to represent and assist the abducted, missing and their families, calls on all those in positions of power to act now for basic human rights by all necessary means. We demand the immediate and unconditional release of all the abductees held by Hamas in Gaza. In addition, we request that medical treatment and supplies be provided immediately to the abductees, and that all receive medical treatment by the Red Cross until their release.
We expect all organizations that care about human rights to act for the basic human rights of the abductees.

Legal aspects

The prohibition of taking hostages is fixed in international humanitarian law as well as in international criminal law. However, international human rights law implicitly condemns such acts, as they constitute an arbitrary restriction of freedom, in violation of non-derogable human rights provisions. The United Nations Commission on Human Rights, in resolutions 1998/73 and 2001/38, firmly states that taking hostages, whatever the circumstances or perpetrators, is an illegal act that fundamentally violates human rights and can never be justified.

The UN Human Rights Committee, in its General Comment No. 29 to Article 4 of the International Covenant on Civil and Political Rights, emphasizes that emergency situations cannot be used as a justification for actions that violate humanitarian law or binding norms, including taking hostages.

Arbitrary abduction and detention without connection to the outside world violate many of the international standards as outlined in the Universal Declaration of Human Rights, including the International Covenant on Civil and Political Rights (Articles 6, 7, 9, 10) and the Convention on the Rights of the Child (sections 6, 9, 19), among others.

A series of UN Security Council resolutions (UNSCR) addresses the common issue of gender-based violence in times of conflict. It is worth noting that UN Security Council Resolution 1325 draws attention to the increased vulnerability of women and girls during conflicts. It advocates special measures to protect them from gender-based violence, highlighting the horrors of rape, sexual abuse and all other forms of violence that occur in situations of armed conflict.

UNSCR 1820 (2008), 1888 (2009), 1960 (2010) Based on this basis, later resolutions, viz. 2106 (2013), 2122 (2013) and 2493 (2019), emphasize the need to provide special care to women, children and defenseless people.
Resolution 1820 (2008) specifically recognizes that sexual violence is used as a weapon and tactic of war. It recognizes that rape and other forms of sexual violence may constitute war crimes, crimes against humanity or acts constituting genocide.

Furthermore, resolution 1820 (2008) emphasizes the necessity to exclude crimes of sexual violence from amnesty in conflict resolution procedures. It calls on member states to fulfill their obligations in prosecuting those responsible for such acts. The decision advocates equal protection under the law and equal access to justice for all victims of sexual violence, with a special focus on women and girls.

Furthermore, Security Council Resolution 1820 (2008) emphasizes the vital need to end impunity for such acts as an integral part of a comprehensive approach to achieving lasting peace, justice, truth and national reconciliation. By doing so, these decisions collectively contribute to a global effort to address and eradicate gender-based violence in conflict zones.

Both international humanitarian law and human rights law, supported by treaty provisions, state practice, public opinion, rulings, and many UN decisions, prohibit the taking of hostages. As a result, Hamas’ actions to take control of 240 hostages constitute a clear and unequivocal violation of international law and international human rights law.
Gender violence in captivity adds to such a shocking description.

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