A/HRC/12/48 page 161 around 2 a.m. during the night of 4 to 5 January.398 The following morning those present in the house, about 45 persons, decided to leave. They made themselves white flags and walked in the direction of Salah ad-Din Street. A group of soldiers on the street told them to go back to the house, but the witness said that they walked on in the direction of Gaza. The soldiers shot at their feet, without injuring anyone, however. Two kilometres further north on Salah ad-Din Street, they found ambulances which took the injured to al-Shifa hospital in Gaza. 2. The attack on the house of Wa’el al-Samouni 712. In other cases, the entry of soldiers was less violent than in Ateya al-Samouni’s home. In one instance, the soldiers landed on the roof and descended the stairs to the ground floor, separated men from women, searched and handcuffed the men.399 In another case they broke into a house by knocking a hole in the wall with a sledgehammer.400 At the house of Saleh alSamouni, the Israeli soldiers knocked on the door and ordered those inside to open it. All the persons inside the house stepped out one by one and Saleh’s father identified each of the family members in Hebrew for the soldiers. According to Saleh al-Samouni, they asked to be allowed to go to Gaza City, but the soldiers refused and instead ordered them to go to Wa’el al-Samouni’s house across the street. 713. The Israeli soldiers also ordered those in other houses to move to Wa’el al-Samouni’s house. As a result, around 100 members of the extended al-Samouni family, the majority women and children, were assembled in that house by noon on 4 January. There was hardly any water and no milk for the babies. Around 5 p.m. on 4 January, one of the women went outside to fetch firewood. There was some flour in the house and she made bread, one piece for each of those present. 714. In the morning of 5 January 2009, around 6.30 – 7 a.m., Wa’el al-Samouni, Saleh alSamouni, Hamdi Maher al-Samouni, Muhammad Ibrahim al-Samouni and Iyad al-Samouni, stepped outside the house to collect firewood. Rashad Helmi al-Samouni remained standing next to the door of the house. Saleh al-Samouni has pointed out to the Mission that from where the Israeli soldiers were positioned on the roofs of the houses they could see the men clearly. Suddenly, a projectile struck next to the five men, close to the door of Wa’el’s house and killed Muhammad Ibrahim al-Samouni and, probably, Hamdi Maher al-Samouni.401 The other men managed to retreat to the house. Within about five minutes, two or three more projectiles had struck the house directly. Saleh and Wa’el al-Samouni stated at the public hearing that these were missiles launched from Apache helicopters. The Mission has not been able to determine the type of munition used. Faraj al-Samouni also told the Mission that, at the time of Ahmad's death, another relative gave birth to a baby in the same house. The following day the mother, who had to be transported in a wheelchair because she had broken her leg doing household chores, and the baby were among the group that managed to evacuate to Gaza City. Mother and child are in good health. 398 399 Testimony of Muhammad Asaad al-Samouni, 3 June 2009. 400 Testimony of Saleh al-Samouni, 3 June 2009. The Mission notes that while all testimonies agree that Muhammad Ibrahim al-Samouni died on the spot, there are some discrepancies as to whether Hamdi Maher al-Samouni was killed by the first strike or died subsequently inside the house. 401

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