A/HRC/12/48 page 191 acts, but also to prevent arbitrary killing by their own security forces.475 No exception is made for acts during war. 866. The right to life also includes a procedural component that requires adequate investigation of any alleged violation “promptly, thoroughly and effectively through independent and impartial bodies” for “failure by a State party to investigate allegations of violations could in and of itself give rise to a separate breach of the Covenant.”476 The investigation of the Israeli armed forces referred to above lacks transparency and credibility. The failure of Israel to comply with the procedural requirement adds to the frustration and anger felt by survivors, who have received no credible explanation for what occurred. G. Attack on the Abd al-Dayem condolence tents 1. The facts gathered by the Mission 867. On 4 January 2009 the Israeli armed forces struck an ambulance in the Beit Lahia area with a flechette missile as it was attending a number of wounded persons who had been hit in an earlier attack. Those wounded in the first attack had also been hit by a flechette missile. As a result of the attack on the ambulance, one of the first-aid volunteers in the ambulance crew, Arafa Abd al-Dayem, suffered severe injuries. He died later the same afternoon. 868. The following day, as is the custom, the family set up condolence tents where family and friends would pay their respects and comfort the grieving relatives. The family home is in Izbat Beit Hanoun, a built-up area in the north-east corner of the Gaza strip. It is located between Jabaliyah and Beit Hanoun, about 3 kilometres from the border with Israel both to the north and to the east. Although the Israeli armed forces had entered Gaza at the time of the incident, in this area they remained on the Israeli side of the “Green Line” border. Two tents were set up – one for male visitors and one for female visitors. They were positioned at about ten metres from each other. The male tent was outside the house of Mohammed Deeb Abd al-Dayem, the father of the ambulance driver. 869. The tents were struck three times in two hours, again with flechette missiles. 870. The Mission spoke to several of the witnesses who had attended and survived the attacks on the condolence tents. The Mission noted the great pride Arafa Abd al-Dayem’s father had in his son and the deep sense of loss he clearly felt. 871. As regards the attacks on the condolence tents, witnesses stated that at around 7.30 a.m. on 5 January, the house of Mohammed Deeb Abd al-Dayem, was hit by a shell. The shell struck the fourth floor of the five-storey building causing the roof to collapse.477 Three men at the gathering, including the father of the deceased, were slightly wounded and taken to the Kamal 475 General comment No. 6 (1982), para. 3. Human Rights Committee, general comment No. 31 (2004), para. 15. See also Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, para. 3 (b). 476 477 Testimony of IK/12 and IK/13 to the Mission on 30 June 2009.

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