DaysofPal- The Euro-Med Human Rights Monitor has raised serious concerns over arbitrary judicial and investigative measures taken by Israeli occupation forces against Spanish activist Saif Abu Kishk and Brazilian activist Thiago Avila. The warning follows the interception by the Israeli navy of vessels linked to a humanitarian mission known as the “Steadfastness Flotilla,” which aimed to break the blockade on Gaza and deliver aid.
In a statement released Tuesday, the organization said the two activists appeared before a magistrate’s court in Ashkelon for the second time in two days, as part of hearings to extend their detention after their unlawful transfer to Israel.
The court ordered that their detention be extended for six additional days until the morning of May 10, 2026, despite no formal charges being filed. The decision, according to the organization, relied on vague suspicions and secret evidence that neither the activists nor their legal team were allowed to review or challenge effectively.
Israeli prosecutors reportedly accused the activists of assisting an enemy during wartime, contacting a foreign agent, membership in a terrorist organization, and providing services to a group classified as “terrorist.” Both the activists and their lawyers have denied all allegations.
The rights group warned that granting the full extension without clear judicial limits reinforces fears that detention and investigation are being used as tools to punish peaceful humanitarian activity. It also highlighted the activists’ continued isolation; exposure to constant bright light; blindfolding during transfers, including medical examinations; and their ongoing hunger strike since April 30 in protest of their detention.
The organization argued that turning participation in a declared humanitarian flotilla into a security and terrorism case reflects an abusive use of the legal system to criminalize humanitarian work and strip it of protection, potentially opening the door to targeting international solidarity efforts as security threats.
Reports of Physical Abuse and Psychological Torture
According to the organization, both activists reported experiencing severe physical and psychological abuse from the moment of their detention. They were allegedly kept handcuffed and blindfolded for extended periods at sea in conditions described as degrading.
Lawyers and witnesses cited in the statement said Abu Kishk was separated from other detainees and subjected to particularly harsh treatment, while Avila reportedly lost consciousness twice following physical assaults. Additional testimonies described beatings, isolation, deprivation of basic needs, and injuries among other participants.
The organization stated that such practices may constitute violations of the prohibition against torture and cruel or inhuman treatment and could amount to torture if it is proven that pain was intentionally inflicted for intimidation or coercion.
Legal Concerns and Jurisdictional Challenges
The interception of civilian vessels in international waters near the Greek island of Crete and the subsequent transfer of those on board to Israel raise fundamental legal questions, the organization said, particularly regarding the lack of a clear legal basis for Israeli jurisdiction.
It added that the operation may violate the principle of freedom of navigation on the high seas and reflects an abusive use of counterterrorism laws to penalize peaceful humanitarian action. The activists, it noted, were part of monitoring teams and not aboard vessels attempting to directly reach Gaza.
The continued detention without formal charges, combined with reliance on secret evidence, effectively renders the case one of arbitrary detention lacking basic fair trial guarantees, the organization said.
Calls for Urgent International Action
The organization called on the international community to intervene immediately to secure the unconditional release of the activists, halt criminal proceedings against them, and ensure full access to legal counsel, family communication, and prompt consular assistance.
It also urged the governments of Spain and Brazil to open legal investigations into the seizure of their citizens in international waters and to hold those responsible for their detention and alleged abuse accountable, rather than limiting their response to diplomatic efforts.
The group further called on states to take concrete steps to protect humanitarian activists and reject the use of counterterrorism laws to criminalize humanitarian work, urging relevant mechanisms within the United Nations to act without delay.
It concluded by stressing that the targeting of a humanitarian flotilla in international waters is inseparable from the underlying issue driving the mission, namely the ongoing blockade on Gaza. Protecting humanitarian action, it said, requires ending the blockade and ensuring safe and sustained access for aid.
The organization urged the international community to move beyond verbal condemnation and take tangible diplomatic and legal measures to ensure accountability for such violations.
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