A/HRC/31/40
12.
According to the witnesses at the time of the first shot, Ms. Al-Hashlamoun was
static and at least 3 metres away from the soldiers, separated by a 1-metre-high metal
barrier. The witnesses stated that she did not make any aggressive movement and did not
get close to the soldiers. Reports stating the victim was carrying a knife indicated it had
fallen to the ground after the first shot, at which point she no longer posed an imminent
threat to the soldiers. Thus, the repeated shots to her upper body, while she was lying
wounded on the ground, seemed unnecessary and suggest an unlawful killing. Furthermore,
the last single shot to her chest, fired from close range, may be indicative of an extrajudicial
execution and a wilful killing.
13.
The footage from the surveillance cameras at the checkpoint has not been released,
but an Israel Defense Forces (IDF) inquiry is reported to have concluded that the death of
Ms. Al-Hashlamoun was unnecessary and avoidable.7 No criminal investigation had been
opened in the case as of 26 November. 8
14.
A large proportion of attackers or alleged attackers have similarly been shot dead.9
OHCHR monitored several cases suggesting excessive use of force leading to arbitrary
deprivation of life.10 For example, on 14 October 2015, in East Jerusalem, Israeli security
forces personnel shot to death 19-year-old Basil Basim Sidir while he was running away
from them. Witnesses interviewed by OHCHR and a publicly available video of the
incident indicate that Mr. Sidir was shot repeatedly, at least 12 times, after the first shot had
brought him to the ground. He was apparently armed with a knife, but no longer presented
an imminent threat once shot. The killing of Fadi Alloun, in East Jerusalem, on 4 October,
may also amount to an extrajudicial execution. At least three different videos of the incident
show him walking, surrounded by a group of Israelis. Although some reports allege that he
had just stabbed someone and was holding a knife, this is not apparent on video. After
repeated goading from the crowd, a policeman shot him, although Mr. Alloun did not
appear to be presenting any imminent threat. Mr. Alloun was shot seven times, despite
having fallen to the ground after the first shot. OHCHR is unaware of investigations into
either of these apparently unlawful killings.
15.
Law enforcement officials, including members of the armed forces acting in that
capacity, have the duty to protect the public and the right to protect themselves, but any
force used must be necessary and proportionate. The Basic Principles on the Use of Force
and Firearms by Law Enforcement Officials specify that firearms may be used only when
strictly necessary to protect against the imminent threat to life or of serious injury and only
when less extreme means are insufficient to protect against that imminent threat. Loss of
life resulting from a failure to respect this principle amounts to a violation of the right to
life. In addition, when unjustified and illegal use of firearms by law enforcement officials
of the occupying Power is made against protected persons, this may, depending on the
circumstances, amount to an act of wilful killing.
16.
OHCHR is further concerned about reports of deaths attributable to a delay in the
provision of medical assistance to wounded suspects, or owing to Israeli security forces’
intentional blocking of ambulances and first responders. For example, witnesses informed
OHCHR that an Israeli medic arrived 12 minutes after Hadeel al-Hashlamoun was shot, but
7
8
9
10
4
Gili Cohen, “IDF inquiry: shooting of Palestinian girl in Hebron could have been avoided”, Haaretz,
1 November 2015.
Information from a Military Police letter sent to B’tselem, dated 26 November 2015.
According to OHCHR documentation, 39 attackers or suspects were shot dead in October 2015 and
17 were arrested.
See article 6 of the International Covenant on Civil and Political Rights. See also Steven Klein,
“Why Israel’s Unwritten ‘Shoot to Kill’ Policy Is So Dangerous”, Haaretz, 20 October 2015.
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