A/HRC/25/40 between 2003 and 2012.59 There was only one indictment of a soldier in relation to the killing or serious injury of a Palestinian during this reporting period. In this case, the soldier was convicted of negligent homicide of a Palestinian crossing the wall, and received a seven-month prison sentence.60 As previously mentioned by the Secretary-General, the Turkel Commission made a number of recommendations regarding accountability for violations of international law.61 In 2013, there were reports that the Ministry of Justice was forming a commission to study the recommendations.62 However, by the end of the reporting period there had been no formal public announcement regarding any steps taken in that regard. 55. The lack of effectiveness of investigations into allegations of torture and illtreatment by the Israeli security forces continues to be a cause of serious concern. Impunity for Israeli security officers is particularly prevalent, with not a single investigation into the 776 complaints made since 2001.63 The effectiveness of the investigative system appears to be undermined, in part, by the lack of independence of the investigators.64 Although in 2013, Israel announced the establishment of a new independent investigative mechanism for such complaints, as of November 2013, it was not yet operational. With regard to such allegations against the IDF, judicial responses, such as the conviction in November 2013 of two soldiers for beating a Palestinian in their custody, remain rare.65 56. Palestinians continue to face a barrage of legal and procedural barriers when seeking to access remedies for violations by the IDF.66 Under the presiding tort law of 1952, the State is not civilly liable for acts by the IDF which are “performed in the course of a wartime action”.67 In the reporting period alone, over 30 civil cases were dismissed at the preliminary stages on the basis of this broad exemption.68 One exceptional case was Israel’s agreement to pay US$50,000 in compensation to the families of three boys killed in northern Gaza in 2001.69 Palestinian Authority 57. The lack of effective and transparent investigation into cases of alleged unlawful killing, torture and ill-treatment involving the Palestinian security forces is of serious concern. Of the five investigative committees established in 2012 to look into various allegations, the report of only one committee was published, and it did not provide details of any action taken against perpetrators.70 There is also a grave failure to properly investigate allegations of torture and ill-treatment. The Independent Commission for Human Rights (ICHR) had filed 124 such complaints in respect of the West Bank as of 31 59 60 61 62 63 64 65 66 67 68 69 70 See http://www.yesh-din.org/postview.asp?postid=263. Source: Yesh Din and B’tselem; the sentence was reported as nine months in A/HRC/24/30, para. 47. A/68/502, para. 29. See http://www.jpost.com/Diplomacy-and-Politics/Is-govt-following-Turkels-ideas-on-probing-warcrimes-323038. As of July 2013, according to PCATI. See http://www.stoptorture.org.il/files/PCATI_eng_web.pdf. See http://www.timesofisrael.com/soldiers-heading-to-prison-for-abusing-palestinian/. See http://adalah.org/Public/files/English/Publications/Articles/2013/Obstacles-Palestinians-CourtFatmeh-ElAjou-05-13.pdf. Civil Wrongs (Liability of the State) Law 5712-1952, art. 5. Source: PCHR. See http://www.pchrgaza.org/portal/en/index.php?option=com_content&view=article&id=9861:12years-following-their-deaths-pchr-succeeds-in-ensuring-remedy-for-3-children-of-lubbad-banat-andal-madhoun-families&catid=145:in-focus. A/68/502, paras. 44–47. 13