A/HRC/15/21 The Mission also considers that a series of violations of Israel’s obligations under international human rights law have taken place, including: • Right to life (art. 6, International Covenant on Civil and Political Rights); • Torture and other cruel, inhuman or degrading treatment or punishment (art. 7, International Covenant; Convention against Torture); • Right to liberty and security of the person and freedom from arbitrary arrest or detention (art. 9, International Covenant); • Right of detainees to be treated with humanity and respect for the inherent dignity of the human person (art. 10, International Covenant); • Freedom of expression (art. 19, International Covenant). The right to an effective remedy should be guaranteed to all victims. The mission must not be understood to be saying that this is a comprehensive list by any means. 266. The Mission notes that the retention by the Israeli authorities of unlawfully seized property remains a continuing offence and Israel is called upon to return such property forthwith. 267. The perpetrators of the more serious crimes, being masked, cannot be identified without the assistance of the Israeli authorities. They reacted in a violent manner when they thought that anyone was attempting to identify them. The Mission sincerely hopes that there will be cooperation from the Government of Israel to assist in their identification with a view to prosecuting the culpable and bringing closure to the situation. 268. The Mission is aware that this is not the first time that the Government of Israel has declined to cooperate with an inquiry into events in which its military personnel were involved. On this occasion the Mission accepts the assurances of the Permanent Representative of Israel that the position which he was directed to defend was in no way directed towards the members of the Mission in their personal capacities. It is nonetheless regrettable that, on yet another occasion of an enquiry into events involving loss of life at the hands of the Israeli military, the Government of Israel has declined to cooperate in an inquiry not appointed by it or on which it was significantly represented. 269. The Mission regrets that its requests to the Permanent Mission of Israel for information were not entertained. The reason initially given was that the Government of Israel had established its own independent panel of distinguished persons to investigate the flotilla incident. The Mission was told that for that reason, and also because the Secretary-General had announced the establishment of another distinguished panel with a similar mandate, that “an additional Human Rights Council initiative in this regard [are] both unnecessary and unproductive”. 270. The Mission did not agree with that position and for that reason suggested to the Permanent Representative of Israel that he should direct to the Council and not the Mission a request that the Mission defer submitting its report to permit other enquiries to complete their tasks. The Mission has not received any direction from the Council to date and considers that it would have been obligated to respond positively to any such directive from the Council. 271. In the light of the fact that the Turkel Committee and the Secretary-General’s panel have not concluded their sittings, the Mission will refrain from any remarks which are capable of being construed as not allowing those bodies to complete their tasks “unfettered by external events”. The Mission confines itself to the observation 54

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