A/HRC/12/48
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armed forces to go into the al-Samouni neighbourhood to evacuate the wounded. These requests
were denied. According to the information available to PRCS, the Israeli armed forces told ICRC
that there were combat operations going on in the area. A PRCS ambulance driver who was part
of the PRCS convoy which went to the area in spite of the refusal of the Israeli armed forces to
grant permission, reported that there were no clashes at the time.413 PRCS and ICRC were not
able to evacuate the wounded from the area until 7 January in the afternoon.
734. The information before it leads the Mission to believe that the Israeli armed forces
arbitrarily prevented the evacuation of the wounded from the al-Samouni area, thereby causing at
least one additional death, worsening of the injuries in others, and severe psychological trauma
in at least some of the victims, particularly children.
735. These findings are corroborated by the press release ICRC issued on 8 January 2008:
The ICRC had requested safe passage for ambulances to access this neighbourhood
[the al-Samouni area in Zeytoun] since 3 January but it only received permission to do so
from the Israel Defense Forces during the afternoon of 7 January.
The ICRC/PRCS team found four small children next to their dead mothers in one
of the houses. They were too weak to stand up on their own. One man was also found
alive, too weak to stand up. In all there were at least 12 corpses lying on mattresses.
In another house, the ICRC/PRCS rescue team found 15 other survivors of this
attack including several wounded. In yet another house, they found an additional three
corpses. Israeli soldiers posted at a military position some 80 metres away from this house
ordered the rescue team to leave the area which they refused to do. There were several
other positions of the Israel Defense Forces nearby as well as two tanks.414
B.
Killing of civilians attempting to leave their homes to walk to safer areas
1.
The shooting of Iyad al-Samouni
736. The Mission received testimony on the death of Iyad al-Samouni from Muhammad Asaad
al-Samouni and Fawzi Arafat, as well as from a PRCS staff member. In the night of 3 to
4 January 2009, Iyad al-Samouni, his wife and five children were, together with about 40 other
members of their extended family in Asaad al-Samouni’s house, very close to the houses of
Wa’el al-Samouni and Ateya al-Samouni (the scenes of the incidents described above). At 1 a.m.
on 4 January 2009 they heard noise on the roof. At around 5 a.m. Israeli soldiers walked down
the stairs from the roof, knocked on the door and entered the house. They asked for Hamas
fighters. The residents replied that there were none. The soldiers then separated women, children
and the elderly from the men. The men were forced into a separate room, blindfolded and
handcuffed with plastic handcuffs. They were allowed to go to the toilet only after one of the
men urinated on himself. The soldiers stationed themselves in the house.
413
PRCS records at al-Quds hospital.
414
http://www.icrc.org/web/eng/siteeng0.nsf/html/palestine-news-080109.
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