A/HRC/13/54 be overcome by the fact that the final decision lies with the MAG. More information is required to ascertain the degree of institutional independence of special command investigations. 15. The Government of Israel points out that the review by the MAG is central to the system, not the command investigation.18 However, the MAG relies on the information provided by the command investigation.19 If there is reason to doubt the impartiality or independence of the evidence gathering process, this cannot be overcome by a subsequent reviewer, even if that reviewer can be considered independent.20 16. United Nations treaty bodies consistently reiterate that investigations must be thorough and effective.21 There are at least three significant examples which on their own indicate a lack of thoroughness in the command investigations in relation to extremely serious allegations.22 The absence of substantive information on other investigations makes evaluation of their thoroughness difficult at this point. 17. As regards criminal investigations, the Government of Israel indicates that 36 criminal investigations, out of a total of 150 investigations, have been opened. Nineteen concern the alleged shooting towards civilians, while the remainder deal with allegations of the use of human shields, mistreatment of detainees or civilians, pillage or theft.23 18. The degree to which MPCID and prosecutors to whom it presents its findings can be viewed as institutionally independent from those carrying out military operations cannot be assessed without more detailed information. 19. The High Commissioner is aware of reports and criticisms contending that the investigations of MPCID have consistently failed to lead to adequate prosecutions for offences allegedly committed by ISF, and that they have fostered a culture of impunity. In particular, B’Tselem and Yesh Din have catalogued criticisms related to investigative techniques and charging practices.24 20. To be effective a remedy must also be provided promptly. While the standard for promptness will vary from case to case, the High Commissioner notes the frequent reference of treaty bodies to the need for prompt investigations, especially in cases of alleged unlawful killings.25 In this regard she is concerned that it appears that the 18 19 20 21 22 23 24 25 6 Israel, “Gaza operation investigations”, para. 60. The Government states that command investigations “serve as a means of compiling an evidentiary record for the Military Advocate General, enabling him, from his central vantage point, to determine whether there is a factual basis to open a criminal investigation”. It is not clear how that point allows the MAG to consider the facts other than those presented by the command investigation. See Finucane v. the United Kingdom, paras. 68 and 69, and McKerr v. the United Kingdom, para. 128. Cited in footnote 19 above. See General Assembly resolution 60/417, Human Rights Committee general comments Nos. 6, 7, 20 and 31, and Committee on Economic, Social and Cultural Rights general comment No. 16. See also Finucane v. the United Kingdom, para. 69. These include the alleged aerial missile attack on the Al-Maqadma Mosque, the incident alleged to have occurred at the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNWRA) compound, and the strike against the El-Bader flour mill. Israel, “Gaza operation investigations”, paras. 134 and 135. See A/HRC/12/48, paras. 1828–1831. See also Yesh Din, “Investigation of criminal offences by IDF soldiers against Palestinians and their property – Figures for 2000–2007”. Available from www.yeshdin.org/site/images/ds1eng.pdf and B’Tselem, “Military investigations of harm to civilians in Operation Cast Lead are insufficient”. Available from www.btselem.org/English/Gaza_Strip/ 20091111_IMP_Investigations_of_Cast_Lead_Operation.asp. See also Human Rights Watch, “Promoting Impunity: The Israeli Military’s Failure to Investigate Wrongdoing” (June 2005). See Human Rights Committee communication No. 373/1989 (CCPR/C/55/D/373/1989), para. 9.2. GE.10-12152