A/HRC/16/24 2. West Bank 33. The FFM analyzed the general situation in the West Bank and pointed to a series of incidents that were not directly related to the military operations in Gaza but nonetheless required investigation by Israel (A/HRC/12/48, paras. 1381-1440). In its previous report, the Committee indicated that the record before it was silent as to whether or not Israel had conducted investigations into allegations of human rights violations in the West Bank, including in relation to the alleged use of force during demonstrations and violence by settlers at the time of the events in Gaza (A/HRC/15/50, para. 62). Recent information indicates that Israel has in fact investigated 14 such incidents, 11 of which were referred to in the FFM report.24 Of those 14 investigations, two criminal indictments have been filed, six investigations are ongoing, and six cases were closed without charges.25 34. The first indictment refers to the alleged killing of 10-year-old Ahmed Husam Yusef Musa in Ni’lin on 29 July 2008 by a member of the Israeli Border Police (A/HRC/12/48, para. 1388). A second criminal indictment was filed in relation to an incident in which three members of the al-Matariyeh family were allegedly shot and injured by an Israeli settler in Hebron in December 2008 (ibid., para. 1385). However, the indictment was withdrawn in light of a Supreme Court decision requiring that the Prosecutor disclose information classified for national security reasons. The Prosecutor reportedly decided to withdraw the case after the defendant’s attorney requested that the Court order that the information be revealed. 35. Concerning ongoing investigations, the Military Police and the Israeli Police are carrying out parallel criminal investigations into the killing of Basam Abu Rahma on 17 April 2009 in Bi’lin26 during a peaceful demonstration against the Wall (see A/HRC/12/48, para. 1395). This incident was filmed and Mr. Rahma is reportedly seen standing on a small hill, clearly visible and not armed or otherwise posing a threat (ibid.). The Committee learned that the MAG had ordered a criminal investigation after representations from the family’s attorney that the issue would be raised with the Supreme Court and taking into account expert opinion based on viewing a film of the incident. An earlier decision not to launch a criminal investigation was apparently based on statements given by soldiers in the operational debriefing.27 According to media reports, the decision to open a criminal investigation was announced in July 2010, more than one year after the incident.28 36. A criminal investigation is also reportedly being conducted into the killing of 'Iz aDin Radwan Radwan al-Jamal on 13 February 2009 in Hebron. According to reports, the criminal investigation was opened following the finalization of a command investigation.29 37. Finally, an investigation by the military police was conducted into the alleged killing of Yasser Tmeizi by the IDF at Tarqumiyah checkpoint on 13 January 2009. The results of 24 25 26 27 28 29 Israel, Ministry of Foreign Affairs, “Israel’s investigations of alleged incidents of misconduct in the West Bank”, last updated 10 March 2011, first page. Available from www.mfa.gov.il/NR/rdonlyres/0FA91C66-9A2D-4149-9B998D346442E697/0/IsraelsinvestigationsofallegedincidentsofmisconductintheWestBank.pdf. Ibid., second page. Ibid. B’tselem, “Military Police to investigate killing of Bil’in demonstrator from firing of tear-gas canister 15 months ago”, press release, 12 July 2010. Available from www.btselem.org/english/press_releases/20100712.asp. Anshel Pfeffer, “IDF to probe death of Palestinian protester at West Bank rally”, Haaretz, 12 July 2010. Available from www.haaretz.com/news/diplomacy-defense/idf-to-probe-death-of-palestinianprotester-at-west-bank-rally-1.301484. Israel, “Israel’s investigations” (note 24 above), sixth page. 9