A/HRC/24/30
who informed OHCHR that he had not even been aware of the presence of the IDF in the
area, was struck in his thigh and transferred to a hospital.
45.
During a demonstration held in the village of Abud on 22 February 2013, four
Palestinians were shot and injured by rubber-coated steel bullets. One of them, Mohammad
Sameeh Asfour, was shot with a rubber-coated steel bullet that penetrated his forehead and
settled in his skull. He was evacuated to Rafidya hospital in Nablus and subsequently
transferred to an Israeli hospital, where he died from his injuries on 7 March 2013.
2.
Accountability
46.
Under international law, the State of Israel has the obligation to conduct
independent, impartial, thorough, prompt and effective investigations into incidents
involving the potential excessive use of force by law enforcement officials; to open judicial
and/or disciplinary proceedings against perpetrators; and to ensure access to justice and an
effective remedy for victims. In April 2011, in a positive development, the MAG
announced a new policy pursuant to which a military police investigation is opened
automatically in every case where an “uninvolved” civilian is killed by a soldier in the
West Bank (A/66/356, para. 18).
47.
Military police investigations were opened in six out of the seven cases referred
above, with the outcome still pending at the time of writing.58 In addition, on 18 March
2013, an IDF soldier was convicted of negligent homicide in relation to the killing of a
young Palestinian59 trying to cross to Israel for work, following a plea bargain. On 13 May
2013, the soldier was sentenced to nine months’ imprisonment.
48.
However, recent figures raise concerns with regard to ensuring accountability in
practice. As noted by an Israeli legal NGO with regard to investigations opened by the
Israeli military, the data for the years 2009, 2010 and 2011 shows that 14 investigation files
out of the 534 opened during those three years produced indictments; i.e., only 2.62 per
cent.60 In 2012, a total of 240 complaints were submitted to the Israeli military, and only 78
criminal investigations were opened. Yet no indictment was filed as a result of these
investigations.61
C.
Violations of human rights by the Palestinian Authority
49.
During the reporting period, the Palestinian security services in the West Bank
reportedly carried out dozens of arbitrary arrests of Palestinians, often based on the
person’s political affiliation. The Palestinian Independent Commission for Human Rights
registered 91 complaints of arbitrary arrest during the period of January to March 2013.62
50.
Ill-treatment, sometimes amounting to torture, was reported to have taken place in
Palestinian places of detention.63 The allegations concern various methods including
shabeh,64 beatings, threats, deprivation of sleep and solitary confinement. Allegations of ill58
59
60
61
62
63
64
14
Based on information received by NGO sources and media. See paragraphs 38–44 above.
See paragraph 39 above.
Yesh Din, “Law enforcement upon IDF soldiers in the territories”, Data Sheet (January 2013),
available at: http://www.yesh-din.org/userfiles/file/datasheets/Law%20Enforcement%20upon%20%202012.pdf.
Ibid.
http://www.ichr.ps/en/2/5
Testimony collected during OHCHR visits to Palestinian detention centres.
Shabeh refers to forcing a detainee to hold a painful position for extended periods of time.
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