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
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