A/HRC/12/48
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821. The conduct of the Israeli armed forces amounted to violations of the right to life where it
resulted in death, and to a violation of the right to physical integrity, and to cruel and inhuman
treatment in other cases, which constitutes a violation of articles 6 and 7 of the International
Covenant on Civil and Political Rights.
E.
The attack on the al-Maqadmah mosque, 3 January 2009
1.
The facts gathered by the Mission
822. The al-Maqadmah mosque is situated near the north-west outskirts of Jabaliyah camp,
close to Beit Lahia. It is located less than 100 metres from the Kamal Idwan hospital, in the alAlami housing project. At least 15 people were killed and around 40 injured – many seriously –
when the Israeli armed forces struck the entrance of the mosque with a missile.
823. The Mission heard five eyewitnesses who had been in the mosque at the time it was
struck. Two of them had been facing the door as the explosion occurred. Three of them had been
kneeling facing the opposite direction and had been seriously injured. The Mission also heard
from a number of relatives of those who died in the attack and has seen a number of sworn
statements signed by them testifying to the facts they witnessed.458 The Mission also heard again
from three witnesses it had interviewed earlier at the public hearings in Gaza. Finally, the
Mission reviewed information received from TAWTHEQ.
824. On the evening of 3 January 2009, between 5 and 6 p.m., a large number of people had
gathered in the mosque for evening prayers. Witnesses indicate that between 200 and 300 men
had gathered on the first floor.459 A number of women had also congregated in the basement at
that time. Witnesses explained that in time of fear or emergency it was the tradition to combine
sunset and evening prayers.460 In addition, the Mission heard that, while some time normally
elapses between the muezzin calling the faithful to prayer and the prayers beginning, at this time
it was the practice to begin prayers almost immediately.
825. The witnesses indicated that prayers had ended and the sermon was just beginning. At that
point there was an explosion in the doorway to the mosque. One of the two wooden doors was
blown off its hinges and all the way across the prayer area to the opposite wall.
826. As a result of the explosion at least 15 people died. Almost all were inside the mosque at
the time. One of the casualties was a boy who had been sitting at the entrance. His leg was blown
off by the missile strike and found afterwards on the roof of the mosque. A large number, around
40, suffered injuries. Many were taken to the Kamal Idwan hospital for treatment.
Note, for example, the affidavit of Ismail al-Salawi, brother of the sheikh at the mosque. He recounts how he was
on his way to the mosque when his 13-year-old daughter ran towards him screaming that it had been bombed. He
rushed in to find a scene of bloody chaos. As an immediate result of the strike his grandson Muhammad (13 years
old), his nephews Hani (8 years old) and Omar (27 years old) were killed. See also a similar explanation of events
by Ayisha Ibrahim, whose husband, Abdul Rahman (46), and son Ra’id were killed in the attack.
458
459
Sheikh al-Salawi, interviewed on 3 June 2009 and 4 July 2009.
See, for example, Sheikh al-Salawi at the public hearing in Gaza on 27 July 2009, available at
http://www.realnetworks.com
460
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