A/HRC/16/24
matter of practice, regularly informs claimants and their attorneys about its decisions with
respect to the outcome of an investigation. He emphasized that his office advises the
complainants and their lawyers of the reasons why his office determines not to pursue a
criminal investigation and makes available relevant evidence for their examination in case
they wish to file a petition with the Supreme Court.34
46.
The Committee notes, however, that consistent reports from NGOs, victims, and
their legal representatives reflect that only on rare occasions do they actually receive
information from the MAG concerning the status of investigations into their complaints. A
number of organizations have informed the Committee that they often found out about the
results of inquiries into cases they have filed on behalf of alleged victims either through the
press or in the public reports issued by the Government of Israel. Indeed, the Committee
received detailed, case-specific information concerning requests for information by
different organizations – the great majority of which have gone unanswered. This situation
raises serious questions concerning the effective implementation of the reported policy of
the MAG to assure transparency in the investigation process.
C.
Allegations not investigated
47.
The information available to the Committee suggests that not all allegations of
violations identified in the FFM report have been adequately investigated. These include
allegations related to higher level decisions about the design and implementation of the
Gaza operation, including those related to the nature, objectives and targets of the Israeli
military in that conflict (see A/HRC/12/48, paras. 1880-1895). The Committee has no new
information leading it to change its view that Israel does not appear to have conducted a
general review of doctrine regarding military targets. However, it has been informed of
media reports suggesting that if criminal charges are brought as a result of the investigation
into the al-Samouni case, it is possible that there will be deliberations on the broader
question of the rules of engagement that were applied during Operation Cast Lead.35
48.
Nor has the Committee uncovered information concerning investigations into certain
alleged human rights violations committed in Israel and the West Bank, including
allegations of torture, discrimination, lack of access to effective remedies, unlawful
detention, violations of the rights to freedom of expression and to peaceful assembly, or
alleged violations related to the removal of residency status from Palestinians.
V.
The Palestinian side
A.
The Palestinian Authority
1.
Investigations conducted
49.
The Committee noted in its previous report that the Palestinian Authority established
the Palestinian Independent Investigation Commission to implement the recommendations
of the FFM report (A/HRC/15/50, para. 65). On 13 February 2011, the Commission made a
written submission to the Committee, in which it explained the measures taken since
September 2010 to follow up on its July 2010 report to the Secretary-General. In particular,
the Commission referred to its efforts to establish contacts with the Government of Israel
34
35
12
Testimony of the Chief Military Advocate General, Avichai Mandelblit, to the Turkel Commission,
Session Number Four, 26 August 2010.
Harel and Pfeffer, “IDF probes top officers” (note 10 above).
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