A/HRC/16/24
relevant. NGOs, victims and their legal representatives have difficulty accessing
information about progress in investigations. They report that the majority of their
requests for information go unanswered. The Committee is of the view that
transparency and participation help build the confidence of victims and other
interested parties in the investigation process, including fostering a sense that credible
and genuine investigations are taking place.
82.
The Committee has strong reservations respecting the promptness of some
investigations of individual incidents referred to by the Fact-Finding Mission. More
than one third of the 36 incidents featured in the Fact-Finding Mission report (FFM
report) are still unresolved or unclear. The status of investigations into incidents in
Israel and the West Bank is also unclear. Presumably this serious issue with respect to
the ability of the military justice system to investigate promptly allegations of
wrongdoing during military operations is under careful review by the Turkel
Commission.
83.
Finally, the Committee is concerned about the fact that the duration of the
ongoing investigations into the allegations contained in the FFM report – over two
years since the end of the Gaza operation – could seriously impair their effectiveness
and, therefore, the prospects of ultimately achieving accountability and justice.
C.
1.
The Palestinian side
The Palestinian Authority
84.
In September the Committee reported that the investigation carried out by the
Independent Investigation Commission conformed to international standards and
could be considered credible and genuine. More recently the Commission has sought
to complete its mandate by investigating rocket and mortar attacks against Israel and
other human rights violations in the Gaza Strip. The Committee was informed that
the Commission had been unable to do so, as it had not received positive responses to
requests for access from either Israel or the de facto authorities in Gaza.
85.
Nonetheless, the work of the Independent Investigation Commission did
provide a solid basis for proceeding against perpetrators and developing other
measures. In October 2010, the Council of Ministers of the Palestinian Authority
established a Ministerial Committee with a mandate to issue recommendations to the
Council of Ministers about implementation of the Commission’s report. The report of
the Ministerial Committee details strategies for significant institutional change over
the next nine months, including the establishment of a Constitutional Court. The
report also urges that the Prime Minister issue a directive that employment in the civil
service not be dependent on security clearances, and that an ad hoc committee review
past administrative decisions that led to dismissals. The Ministerial Committee
further recommended that the General Prosecutor conduct criminal investigations
into allegations of extrajudicial killings in Gaza, and of incidents in which officials
allegedly refuse to implement court decisions.
86.
The Committee was also informed that a decision has been taken to transfer
cases from military to civilian courts and that the office of the General Prosecutor
now conducts regular monitoring visits to military and civilian detention facilities.
87.
These proposals and changes represent important developments. Nonetheless,
the Committee is concerned that criminal accountability mechanisms have not yet
been duly activated in relation to many of the allegations of serious violations in the
FFM report.
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