A/HRC/25/40
the soles of his feet. The other was reportedly beaten with sticks and a lash, and made to
stand on one leg with arms lifted, while being beaten on the leg he was standing on.51
49.
Detainees were held longest at the interrogation centre of the security agency in
Gaza City and were allegedly prevented from meeting with their families during the
interrogation phase which, in some cases, lasted several months. If at all, detainees were
reportedly only able to meet their lawyers after the interrogations were completed and then
only in the presence of security agency officials. This was the case of a 27-year-old man
who was arrested by the internal security agency in April 2013 for collaborating with Israel.
He was subjected to shabeh and sleep deprivation, and was only allowed to see his family
after a month of detention, with no access to his lawyer during that period. 52
2.
Accountability
Israel
50.
According to an Israeli NGO, in 2012, Israeli Military Police Criminal Investigation
Division opened 103 investigations into allegations of criminal offences by members of the
IDF against Palestinians and their property in the Occupied Palestinian Territory. This
represented response to approximately 40 per cent of allegations received, compared to 62
per cent between 2000 and 2011.53
51.
Available information indicates that not a single criminal investigation was opened
into allegations of violations of international humanitarian law in Gaza by the IDF during
the escalation of tension in November 2012.54 A Palestinian human rights NGO appealed
13 decisions not to open investigations; each appeal was either rejected or pending as of 8
November 2013.55
52.
In the West Bank, criminal investigations were immediately opened in 12 of the 20
Palestinian deaths in which the IDF were implicated during the reporting period, including
some of those documented above.56 It appears that some cases were not opened because of
claims that firearms were used against the IDF.
53.
Many human rights violations committed by the IDF during law enforcement
operations were not investigated, both in the West Bank and in Gaza. A revised policy
adopted by the Military Advocate General in 2011 to automatically open investigations into
certain cases applies only where a Palestinian is killed outside of “an activity with clear
elements of combat,” and excludes Gaza.57 For cases outside the scope of the policy, a
criminal investigation is not normally opened unless concerns are raised during an
operational debriefing.58
54.
Even when opened, criminal investigations are beset with delays and other problems
and rarely result in indictments. According to information collected by human rights
organizations, only six IDF soldiers have been convicted of offences related to the deaths of
Palestinians since September 2000, although over 179 such investigations were opened
51
52
53
54
55
56
57
58
12
Source: OHCHR-oPt.
Ibid.
See http://www.yesh-din.org/userfiles/file/datasheets/Law%20Enforcement%20upon%20%202012.pdf.
Also A/HRC/22/35/Add.1; A/HRC/24/30.
Source: Palestinian Centre for Human Rights (PCHR).
Source: B’tselem.
See http://mfa.gov.il/MFA/AboutIsrael/State/Law/Pages/New_investigation_policy_Palestinian_
casualties_IDF_fire_Judea_Samaria_6-Apr-2011.aspx; A/66/356, para. 18.
See A/HRC/12/48, para. 121 for examples of shortcomings of operational debriefings.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents