A/HRC/25/59
and has judged the information and evidence he has seen to be sufficient to cross the
threshold identified in his interim report as imposing a duty on the relevant States to
provide a public explanation of the circumstances and the justification for the use of deadly
force.
36.
In the opinion of the Special Rapporteur, the States responsible are under a present
and continuing obligation to make public, in as much detail as possible, and subject only to
such redactions as are strictly necessary to meet legitimate national security concerns, the
results of any fact-finding investigations that have been conducted into the incidents
identified in the present section of the report. If no fact-finding investigation has so far
taken place, the Special Rapporteur considers that the States concerned are under an
obligation to indicate this publicly, and provide an explanation.
37.
By way of illustration, the Special Rapporteur draws attention to the one instance in
which the United States has previously made public significant parts of an investigation
report into a strike in which civilian casualties were sustained in Afghanistan. On
21 February 2010, precision-guided munitions were discharged from a United States
military helicopter aimed at three pick-up trucks travelling near Khotal Chowzar, a
mountain pass that connects Daikundi with Oruzgan. The attack occurred 12 km from the
village of Khod in the Shahidi Hassas district. Remotely piloted aircraft under the control
of the United States were involved in assessing and determining the target of the operation.
Up to 23 civilians were reportedly killed and 12 civilians were injured. The victims
included eight men, one woman and three children under the age of 14. The findings of an
investigation conducted by ISAF were partially declassified. The investigation concluded
that the Predator drone crew involved had provided misleading situational information, that
there was evidence of inaccurate and unprofessional reporting, and a propensity to “kinetic
activity” (the discharge of precision-guided munitions). It recommended administrative and
disciplinary sanctions.17 The publication of the investigation report is a model of
accountability and transparency and sets a benchmark to be followed in other cases. In the
opinion of the Special Rapporteur, the States implicated in the incidents set out below are
under a duty to release the substance of all investigation reports in a level of detail
comparable to that adopted in the case in question.
38.
The Special Rapporteur therefore calls on relevant States to respond to the
allegations set out below. He has written separately to them inviting their comments. Any
responses that are received will, subject to the consent of the State concerned, be posted on
the official web page of the mandate.
Afghanistan
39.
On 25 March 2011, precision-guided munitions were discharged at two vehicles
travelling in the Now Zad district of Helmand province. Both vehicles were destroyed; six
people were killed and two injured. Remotely piloted aircraft under the control of ISAF
(United Kingdom) were involved in the operation. The United Kingdom has confirmed
that, in addition to killing two men believed to be combatants (who were the targets of the
attack), the operation resulted in the deaths of four non-combatants and the infliction of
serious injuries on two further non-combatants. Contemporaneous reports suggest that the
two identified targets were travelling in the first vehicle, and that the dead included two
women and two children who were travelling in the following vehicle. The incident was
investigated by the Joint Incident Assessment Team at ISAF, which concluded that the
operation had been directed at two pick-up trucks believed to be carrying explosives and
17
10
Memorandum for Commander, United States Forces – Afghanistan, 13 April 2010, executive
summary for AR-15-6 investigation, 21 February 2010, air-to-ground engagement in the vicinity of
Shahidi Hassas, Oruzgan.
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