A/HRC/16/24
60.
In their response, the de facto authorities informed the Committee that their officials
did not have access to persons involved in the launching of rockets and mortars into Israel,
nor to the sites and victims affected by the rockets. The de facto authorities also indicated
that since 30 October 2008 all political prisoners have been released. In an annex, the de
facto authorities provided a list of 32 names of political prisoners who have reportedly been
liberated. The de facto authorities stated that all persons currently under detention are under
criminal investigation or have been sentenced to prison terms.
61.
Finally, the de facto authorities provided a list of seven cases related to
investigations into allegations of torture, injuries or extrajudicial killings. According to the
information, four out of those seven cases were discontinued at the request of the victim.39
Of the remaining three cases, one investigation into ill-treatment is still ongoing and two
prison sentences were imposed in relation to killings. The de facto authorities provided a
detailed list of those cases, including each victim’s name, the name of the alleged
perpetrator, the description of the charges, the date of commencement of the inquiry, the
status of the investigation, and the description of the penalties imposed.
62.
The Committee acknowledges the de facto authorities’ efforts to provide specific
information related to criminal investigations into alleged human rights violations
committed by their security forces. The Committee is aware of the fact that it is not
uncommon for such cases to be resolved to the satisfaction of the families through out-ofcourt settlements. Nevertheless, the Committee remains concerned that no investigations
have been carried out into the launching of rocket attacks against Israel. It considers that the
de facto authorities should make genuine efforts to conduct criminal inquiries and to hold
accountable those who have allegedly engaged in serious violations of international
humanitarian law by firing these rockets.
VI.
Other issues of concern
63.
After nine months of working with the question of the implementation of the FFM
report by Israel and the Palestinian side, the Committee considers it opportune to discuss
several issues of concern that it has encountered in the implementation of its mandate and
that directly relate to the allegation of the FFM report that there is a “justice crisis” that
warrants action (A/HRC/12/48, para. 1958; see more generally pp. 1874-1966).
A.
The current context
64.
First, it should be noted that the current situation in Israel and the West Bank and
Gaza remains tense. The Committee was informed that during the period between 10
December 2010 and 10 March 2011, 78 rockets and 96 mortars were launched against
southern Israel, with the vast majority of these attacks taking place during the afternoon
hours.40 While the present report was being prepared, a ship allegedly bound for the Gaza
Strip transporting munitions was intercepted by Israel,41 and a family in the West Bank was
39
40
41
Of those four cases, two referred to alleged ill-treatment and two to shooting incidents.
Letter to the Committee by the International Association of Jewish Lawyers and Jurists, dated
15 March 2011.
Amos Harel, “Commandos stop boatload of arms headed for Gaza”, Haaretz, 16 March 2011.
Available from www.haaretz.com/print-edition/news/commandos-stop-boatload-of-arms-headed-forgaza-1.349438.
15
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