An Israeli court on Tuesday extended the detention of two Gaza flotilla activists by six days, after rejecting an appeal filed by the legal rights group Adalah, the group said.
The detainees, Saif Abu Keshek, a Spanish-Swedish national of Palestinian origin, and Brazilian national Thiago Ávila, began a hunger strike nearly a week ago following what they described as violence and mistreatment during their arrest.
Adalah – the Legal Center for Arab Minority Rights in Israel, which represents the activists – called the ruling “an unlawful and unreasonable decision,” arguing it failed to “address the lack of basic legal authority of the state to carry out an arrest – which in fact amounted to a kidnapping – in international waters.”
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The lawyers said a lawful arrest would have required formal extradition proceedings, and added that because the activists were taken from an Italian-flagged vessel, they fall under Italian jurisdiction. They noted that the Italian government has condemned the move as “unlawful,” saying it constitutes a violation of the UN Convention on the Law of the Sea, which holds that only the flag state may order the arrest or detention of a vessel.
The two are suspected of aiding the enemy during wartime, contact with a foreign agent, membership in a terrorist organization and provision of services to it, and transfer of property to a terrorist organization, the lawyers said.
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Security personnel escort Spanish activist Saif Abu Keshek to a court in Ashkelon on Sunday. Credit: Ilia Yefimovich/AFP
Security personnel escort Spanish activist Saif Abu Keshek to a court in Ashkelon on Sunday. Credit: Ilia Yefimovich/AFP
Israel’s foreign ministry has said that Abu Keshek and Ávila are linked to Palestinian militant group Hamas, and that the flotilla “is another provocation designed to divert attention from Hamas’ refusal to disarm”.
A ministry spokesperson denied “false and baseless claims” of torture.
“Following violent physical obstruction by Saif Abu Keshek and Thiago Ávila against Israeli staff members, staff were compelled to act in order to stop these actions. All measures taken were in accordance with the law,” the spokesperson said.
Spanish Foreign Minister Jose Manuel Albares demanded Abu Keshek’s immediate release, saying there was no evidence linking him to Hamas.
Albares said he had personally told his Israeli counterpart, Gideon Sa’ar, that the activists’ detention was illegal because Israel lacked jurisdiction in international waters.
Brazilian President Luiz Inácio Lula da Silva demanded Abu Keshek and Ávila’s release, saying the Brazilian’s detention “is an unjustifiable action by the Israeli government, causes great concern, and must be condemned by all.”
“The detention of the flotilla activists in international waters had already represented a serious affront to international law,” Lula said.
Democratic Congressmen urge action from Rubio
Nearly two dozen U.S. Congressmen on Wednesday wrote to Secretary of State Marco Rubio to “use your immense leverage to secure the freedom of all passengers who continue to be illegally detained.”
The letter, led by Congresswoman Rashida Tlaib, also urged him to revoke threats made against American flotilla participants that they may be persecuted upon their return to the U.S.
I’m leading a letter to the Trump Admin about the illegal Israeli military attack on the Flotilla and the abduction of civilians, including Americans, heading to Gaza to deliver humanitarian aid. We are demanding an end to the blockade on Gaza and the release of the two remaining
The lawmakers wrote that they were “outraged” that the U.S. did not “ensure the safety and immediate release of the at least 14 U.S. citizens illegally abducted by the Israeli military.”
Among the signatories were Rep. Ro Khanna, Rep. Pramila Kayapal, Rep. Ilhan Omar and Rep. Alexandria Ocasio-Cortez.
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In all, 22 boats and 175 activists were intercepted by the Israeli navy last Thursday, hundreds of miles from Gaza and Israel. Activists said Israeli forces stormed their vessels, smashed engines and detained some of those onboard.
Israel’s Foreign Ministry said the IDF takeover of the flotilla was “an early action” that was “required in accordance with international law,” adding that the “driving force behind the flotilla provocation is Hamas – joining hands with professional provocateurs … intended to divert attention from Hamas’ refusal to disarm.”