A/HRC/12/48
page 185
827. On visiting the mosque, the Mission was able to observe the damage done to it. Its
immediate entrance is on a raised level from the external pavement and is reached via a ramp.
There are a number of stairs below the doorway, now covered by the raised entrance at the end
of the ramp. The stairs underneath the ramp were damaged and the concrete had been pierced.
There was a scorch mark on the ground and stairs.
828. The Mission has also viewed a number of photographs taken shortly after the strike and
considers them to be reliable. They showed that something had penetrated the concrete (about
three inches thick) immediately outside of the mosque doorway and then hit the pavement at the
bottom of the stairs below the concrete covering. The ramp and entrance level structure had a
wall about one metre high built on its outer side. The part of the wall opposite the mosque door
was blown away.
829. The Mission observed that the interior walls of the mosque and part of the exterior wall
around the doorway appeared to have suffered significant damage as a result of a spray of small
metal cubes. A good number of these were lodged in the wall even at the time of the Mission’s
visit to the site in June 2009. Several of these were retrieved and the Mission could see how
deeply embedded they were in the concrete walls.
830. Apart from the aforementioned visit to the mosque, the Mission has interviewed its sheikh
on three occasions, its imam twice, its muezzin, several members of the sheikh’s family, several
of those injured in the blast and a number of the relatives who lost family members and who
assisted in the immediate aftermath of the attack. It has seen medical certificates that bear out the
nature of those injuries related by the young men it interviewed. The Mission questioned all of
the witnesses and sought to clarify any doubts it may have had.
2.
The position of the Israeli Government and the Israeli armed forces
831. The Israeli armed forces’ response to the allegations states:
… relating to a strike against the “Maqadme” mosque in Beit-Lahiya on January 3rd, 2009,
it was discovered that as opposed to the claims, the mosque was not attacked at all.
Furthermore, it was found that the supposed uninvolved civilians who were the casualties
of the attack were in fact Hamas operatives killed while fighting against the IDF.461
832. Apart from the apparent contradictions it contains, the Mission notes that the statement
does not indicate in any way the nature of the inquiry, the source of its information or the
reliability and credibility of such sources.
833. In July 2009 the Israeli Government repeated the same position.462
“Conclusions of investigations into central claims and issues in Operation Cast Lead”, 22 April 2009, annex C.
The document was approved and authorized by the Chief of the General Staff Lt. Gen. Gabi Ashkenazi. It is
available at: http://dover.idf.il/IDF/English/opcast/postop/press/2201.htm
461
462
“The operation in Gaza…”.
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