A/HRC/16/73
4.
In a submission dated 18 November 2010 addressed to the Office of the High
Commissioner for Human Rights, the Government of Turkey expressed its strong interest in
ensuring accountability for the violations of international law committed in the context of
the attack on the flotilla as concluded by the report of the international fact-finding mission.
To that end, it indicated its willingness and readiness to contribute to actions by the Human
Rights Council. Noting that the conclusions of the report of the international fact-finding
mission endorsed by the Council in paragraph 3 of resolution 15/1 were directed at Israel,
the Government of Turkey expressed its readiness to assist Israel to implement the
conclusions if and when Israel decides to take action.
5.
Turkey regrets Israel’s lack of cooperation with the international fact-finding
mission on the flotilla incident and views this lack of cooperation as a way of delaying the
efforts of the international community to ensure accountability for violations. Turkey also
regrets that, in his meeting with the commandos who perpetrated the attacks against the
Mavi Marmara, Israeli Prime Minister Benjamin Netanyahu referred to their
“professionalism”, “heroism” and “restraint.”
6.
In its submission, the Government of Turkey points to complaints lodged with the
Istanbul Prosecutor’s Office against Israel by the survivors of the attack on the flotilla as
well as the family members of those killed. It notes that the work of the Prosecutor is still at
the investigation phase and that it may lead to legal proceedings against those Israeli
officials deemed responsible for the attack. In addition, the Government of Turkey noted
with interest similar lawsuits that have been filed against Israeli officials in Spain and the
United Kingdom as well as a complaint filed by a group of non-governmental organizations
before the Prosecutor of the International Criminal Court on behalf of those killed and
injured during the attack. The Government of Turkey reiterates its commitment to ensuring
an end to impunity for violations committed as a result of the attack on the flotilla and its
expectation that the Government of Israel will contribute to all efforts towards this end.
7.
Finally, the Government of Turkey records that the remit of the Panel of Inquiry
established by the Secretary-General and the international fact-finding mission established
by the Human Rights Council are distinct. It notes that the former is a political process
whereas the latter was mandated to address violations of international law. Turkey
expresses its concern regarding the misrepresentation of the mandate of the international
fact-finding mission and reaffirms the authority and mandate of the Human Rights Council
to address violations of human rights law. The Government of Turkey further notes its
cooperation with both the Panel of Inquiry and the international fact-finding mission on the
flotilla.
8.
In light of the short timeframe between the passing of the resolution on 29
September 2010 and the deadline for the submission of the present report, the High
Commissioner will provide in due course any relevant updated information, if available,
with regard to significant developments pertaining to the implementation of paragraph 3 of
resolution 15/1.
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