A/HRC/12/48 page 167 737. In the morning of 5 January 2009, after the shelling of Wa’el al-Samouni’s house, two of the survivors took refuge in Asaad al-Samouni’s house. From the testimonies received, the Mission is not able to state whether the Israeli soldiers then ordered the al-Samouni family members in the house to leave and walk to Gaza City, or whether it was the families who pleaded with the soldiers to be allowed to leave having heard the appalling news of what had happened to their relatives in Wa’el al-Samouni’s house. In any event, the persons assembled in Asaad al-Samouni’s house walked out of the house and down al-Samouni Street to take Salah ad-Din Street in the direction of Gaza City. They had been instructed by the soldiers to walk directly to Gaza City without stopping or diverting from the direct route. The men were still handcuffed and the soldiers had told them that they would be shot if they attempted to remove the handcuffs. 738. On Salah ad-Din Street, just a few metres north of al-Samouni Street and in front of the Juha family house,415 a single or several of the Israeli soldiers positioned on the roofs of the houses opened fire. Iyad was struck in the leg and fell to the ground.416 Muhammad Asaad al-Samouni, who was walking immediately behind him, moved to help him, but an Israeli soldier on a rooftop ordered him to walk on. When he saw the red point of a laser beam on his body and understood that an Israeli soldier had taken aim at him, he desisted. The Israeli soldiers also fired warning shots at Muhammad Asaad al-Samouni’s father to prevent him from assisting Iyad to get back on his feet. Iyad al-Samouni’s wife and children were prevented from helping him by further warning shots. Fawzi Arafat, who was part of another group walking from the al-Samouni neighbourhood to Gaza, told the Mission that he saw Iyad al-Samouni lying on the ground, his hands shackled with white plastic handcuffs, blood pouring from the wounds in his legs, begging for help. Fawzi Arafat stated that he yelled at an Israeli soldier “we want to evacuate the wounded man”. The soldier, however, pointed his gun at Iyad’s wife and children and ordered them to move on without him. 739. Iyad al-Samouni’s family and relatives were forced to abandon him and continue to walk towards Gaza City. At al-Shifa hospital they reported his case and those of the other dead and wounded left behind. Representatives of PRCS told them that the Israeli armed forces were not permitting them to access the area. 740. A PRCS staff member417 told the Mission that three days later, on 8 January 2009, PRCS was granted permission by the Israeli armed forces through ICRC to evacuate Iyad al-Samouni. The PRCS staff member found him on the ground in Salah ad-Din Street in the place described by his relatives. He was still handcuffed. He had been shot in both legs and had bled to death. This is the home of the family of Mu’een Juha, see the case of the shooting of Ibrahim Juha discussed below in the chapter. 415 According to the researchers of a Palestinian NGO who investigated this case, the mobile phone in the pocket of the cousin walking in front of Iyad al-Samouni rang and Iyad al-Samouni tried to take the phone out of his pocket (the cousin’s hands were tied as well, so he could not reach into his pocket himself), whereupon the Israeli soldier opened fire. This detail was not mentioned to the Mission in its interviews. 416 417 Mission interview with PRCS driver W4, 10 June 2009.

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