A/HRC/15/50
67.
The Commission sought the expertise of independent international scholars,85
human rights organizations and officials in the West Bank. The Commission also collected
and analysed data from the reports of national and international human rights organizations.
It placed notices in local newspapers in the West Bank and Gaza Strip, organized a press
conference to introduce itself to its constituents and encourage individuals to bring
complaints before it,86 and held public hearings.
68.
The Commission made a series of findings, including allegations of torture and illtreatment by security forces in the West Bank and Gaza; extrajudicial killings by law
enforcement agencies and armed groups connected to the de facto Gaza authorities; failure
by these Gaza authorities to protect against extrajudicial killings and to prosecute those
responsible; and various violations by the West Bank and de facto Gaza authorities in
relation to the right to form associations, press freedoms and the right to take part in public
affairs.
69.
The Commission addressed recommendations to the Palestinian Authority, including
the Office of the Public Prosecutor, the Office of the Military Prosecutor, the security
services, the Preventive Security Service, the General Intelligence Service and the Military
Intelligence Service. In addition, it addressed findings to the de facto Gaza authorities and
their security services, as well as to the United Nations.
70.
The Committee notes that the Independent Investigation Commission undertook
independent and impartial investigations in a comprehensive manner that squarely
addressed the allegations in the FFM report.87
71.
The Commission was established as an independent investigatory body and its
members were not directly linked to the Palestinian Authority hierarchy being investigated.
Two of the four members were retired judges of high standing in the occupied Palestinian
territories; the other two were university professors. The Commission established in its
statute the principle of complete independence of its members. It claimed that “no party
was allowed to interfere with or influence the course of the investigation”.88 The
conclusions tend to support this claim, particularly given the Commission’s allegations of
violations committed by the Palestinian Authority, including at high levels, as well as by
the de facto Gaza authorities. Furthermore, the Commission’s investigatory powers were
sufficient to support its investigations and are reflected in its statute.
72.
Moreover, its report demonstrates that it was thorough. In the elaboration of its
methods of work, the Commission set out in detail the process it had followed to arrive at
its conclusions. The fact that the Commission was able to undertake some 100 hearings in
relation to each of the alleged violations illustrates the comprehensiveness of its work. The
Commission met governmental representatives accused of violations, including high-level
officials. The steps taken to protect witnesses and safeguard the information it obtained
demonstrate its professionalism.
85
86
87
88
Ibid., para. 63.
Ibid., paras. 68–70.
The Commission covered allegations in the FFM report as follows: arrest and detention by security
forces (A/HRC/12/48, paras. 1555–1558); torture and ill-treatment (paras. 1559–1560); freedom of
association (para. 1561); freedom of the press; freedom of expression and opinion (paras. 1564–
1570); freedom of assembly (paras. 1571–1575). The Commission also attempted to cover
allegations of violations by armed groups and security services in the Gaza Strip including: launching
of attacks within civilian areas (paras. 446–460); detention of Gilad Shalit (paras. 1336–1344);
killings, torture and other human rights violations (paras. 1345–1372); and rocket and mortar attacks
by Palestinian armed groups on Israel (paras. 1594–1691).
A/64/890, annex II, chap. II, para. 62.
19
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