Treatment of UN expert “unprecedented and deeply regrettable,” says UN human rights chief

16 December

GENEVA (OHCHR) – The UN High Commissioner for Human Rights Navi Pillay said Tuesday that Israel’s refusal to allow UN expert Professor Richard Falk to transit Israel in order to carry out his officially mandated functions in the occupied Palestinian territories -- along with his detention at, and subsequent expulsion from, the country’s main airport -- was “unprecedented and deeply regrettable.”

Falk, who was travelling in his official capacity as Special Rapporteur on the situation of human rights in the occupied Palestinian territories, was stopped at immigration shortly after arriving at Ben Gurion Airport on Sunday.

Following standard practice, Professor Falk travelled to Israel on his US passport and his United Nations Certificate (a document used by independent UN human rights experts during the course of their official missions). His mission was in response to an invitation to visit the occupied Palestinian territories – the official trigger required for such a mission – from the Palestinian Authority.

Professor Falk was denied entry to Israel and was subsequently separated from the two UN staff accompanying him. His UN mobile phone was confiscated, making further contact between the UN and Professor Falk impossible until after his subsequent deportation to the United States on Monday. He was kept in a detention facility at the airport, where he spent the night in a small room with several other people who were being denied entry into Israel. In all, he spent more than 20 hours in the airport, before being deposited on a plane to Los Angeles.

Special Rapporteurs do not require a formal invitation by the Israeli authorities in order to carry out official missions to the occupied Palestinian territories. In the past, the Israeli Government has not prevented Falk’s predecessors or other Special Rapporteurs from transiting Israel on their way to the occupied Palestinian territories, which cannot be reached directly from overseas.

The Government of Israel was informed in writing on two occasions (14 October and 3 December) that the Special Rapporteur was intending to make his first official visit to the occupied Palestinian territories.

No written reply was received from the Israeli authorities indicating that they would break with their previous practice of permitting Special Rapporteurs to transit Israel on their way to the occupied Palestinian territories, until an email that was sent at 23:09 hrs on Saturday to an OHCHR staff member in Geneva. She was not in a position to read this email before leaving with Professor Falk for the airport at 6:00 a.m. the following morning.

Pillay said she was taking the matter up directly with the Israeli authorities, including possible breaches of UN privileges and immunities in the treatment and detention of Professor Falk at Ben Gurion airport.

“It is the responsibility of states to cooperate with the independent UN experts appointed by the UN Human Rights Council,” Pillay said. “That is an important principle.”