A/HRC/16/24 relevant. NGOs, victims and their legal representatives have difficulty accessing information about progress in investigations. They report that the majority of their requests for information go unanswered. The Committee is of the view that transparency and participation help build the confidence of victims and other interested parties in the investigation process, including fostering a sense that credible and genuine investigations are taking place. 82. The Committee has strong reservations respecting the promptness of some investigations of individual incidents referred to by the Fact-Finding Mission. More than one third of the 36 incidents featured in the Fact-Finding Mission report (FFM report) are still unresolved or unclear. The status of investigations into incidents in Israel and the West Bank is also unclear. Presumably this serious issue with respect to the ability of the military justice system to investigate promptly allegations of wrongdoing during military operations is under careful review by the Turkel Commission. 83. Finally, the Committee is concerned about the fact that the duration of the ongoing investigations into the allegations contained in the FFM report – over two years since the end of the Gaza operation – could seriously impair their effectiveness and, therefore, the prospects of ultimately achieving accountability and justice. C. 1. The Palestinian side The Palestinian Authority 84. In September the Committee reported that the investigation carried out by the Independent Investigation Commission conformed to international standards and could be considered credible and genuine. More recently the Commission has sought to complete its mandate by investigating rocket and mortar attacks against Israel and other human rights violations in the Gaza Strip. The Committee was informed that the Commission had been unable to do so, as it had not received positive responses to requests for access from either Israel or the de facto authorities in Gaza. 85. Nonetheless, the work of the Independent Investigation Commission did provide a solid basis for proceeding against perpetrators and developing other measures. In October 2010, the Council of Ministers of the Palestinian Authority established a Ministerial Committee with a mandate to issue recommendations to the Council of Ministers about implementation of the Commission’s report. The report of the Ministerial Committee details strategies for significant institutional change over the next nine months, including the establishment of a Constitutional Court. The report also urges that the Prime Minister issue a directive that employment in the civil service not be dependent on security clearances, and that an ad hoc committee review past administrative decisions that led to dismissals. The Ministerial Committee further recommended that the General Prosecutor conduct criminal investigations into allegations of extrajudicial killings in Gaza, and of incidents in which officials allegedly refuse to implement court decisions. 86. The Committee was also informed that a decision has been taken to transfer cases from military to civilian courts and that the office of the General Prosecutor now conducts regular monitoring visits to military and civilian detention facilities. 87. These proposals and changes represent important developments. Nonetheless, the Committee is concerned that criminal accountability mechanisms have not yet been duly activated in relation to many of the allegations of serious violations in the FFM report. 20

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