A/HRC/12/48
page 171
757. The Juha family and their neighbours, the Sawafeary family, walked down al-Sekka Street
for 100 metres in the direction of Rafah. When they reached the house of another neighbour,
Mr. Abu Zur, they were invited into that house and decided to stay there. The three families
spent 4 January in the house. On the morning of 5 January the house was the subject of intense
firing from Israeli troops in the vicinity. After some time Israeli soldiers approached the house
and ordered everyone to come out. The men were separated from the women. From the group of
men four were separated and required to strip to their underwear. They were held in a house
opposite the Abu Zur house, belonging to Mr. Subhi al-Samouni. The remaining group was told
once again to leave the area and walk towards Rafah. Mr. Juha recounts that walking down
al Sekka Street the group came to a point where a large crater blocked the way ahead and the
surrounding rubble provided a difficult obstacle for some members of his family, including his
ageing mother, who had fainted shortly before outside the Abu Zur house.
758. In the face of these obstacles the group of three families walked east towards Salah ad-Din
Street. There they entered the house of another family, the Mughrabis. With the arrival of the
Juha, Sawafeary and Abu Zur families, there were now more than 70 persons assembled in the
house.
759. Mr. Juha told the Mission that, after taking a little rest in the Mughrabi house, he came to
the view that it was impossible for them all to stay there, given their substantial numbers and the
earlier experience of the intense firing at the Abu Zur house. He decided that they should seek to
go back into the street and move to another place. Mr. Mughrabi strongly advised against this.
760. The Juha, Abu Zur and Sawafeary families went back into the street in the afternoon of
5 January. Mr. Juha had his mother in front of him propped up on a two-wheeled trolley as she
was unable to walk. Mr. Sawafeary was near to him at the front of the group. Behind him,
towards the middle of the group, was his 15-year-old son, Ibrahim, carrying a white flag.
Mr. Juha believes he heard two shots. One of the shots hit his son in the chest. The group
immediately sought cover once again in the Mughrabi house. They tried to care for Ibrahim in
the workshop at the front of the house. His mother tried to sew the wound with a needle and
thread and sterilize the materials with eau de cologne. Ibrahim died some six hours after he was
shot.
761. The group of over 70 persons remained in the house until 8 January in the afternoon,
when ICRC and PRCS representatives came to the neighbourhood and they managed to leave the
area and walk to Gaza City.
6.
Factual findings
762. The Mission found the witnesses of the shooting of Ibrahim Juha to be credible and
reliable. It has no reason to doubt the veracity of their testimony.
763. The testimonies of Mr. Mu’een Juha and Mrs. Juha, Mr. Sameh Sawafeary and Mr. Rajab
Darwish Mughrabi, as well as of Mrs. Abir Hajji, all establish that there were no combat
operations in the area at the time of the incident. The Israeli armed forces had attacked
Mr. Juha’s house and that of Mr. Abu Zur, where the Juhas and other families had taken refuge,
forcing them to leave the area. It was the Israeli armed forces that ordered these families to take
the road to Rafah. In sum, the Israeli armed forces deliberately opened fire on a group of persons
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