29 sept 2010
- World court offers new course for Turkish NGO in flotilla case
The Comoros Island's registration of the now-famous Mavi Marmara, attacked in May by Israeli commandos, provides legal means for the International Criminal Court to investigate alleged crimes against humanity.
With neither Turkey nor Israel as members of the International Criminal Court, the Turkish Humanitarian Relief Foundation, or IHH, has turned to its third option and hoisted the Comoros flag. The NGO plans to make a run on the court in hopes of obtaining a verdict declaring Israeli officials guilty of human rights violations in the attack on the Mavi Marmara in May.
A Turkish nongovernmental organization that organized an ill-fated attempt to deliver aid to Gaza will apply next month to the International Criminal Court, or ICC, on account of the human rights violations of Israeli officials, the group's lawyer said Wednesday.
There are 700 victims not only from Turkey, but also from 35 other countries. We, together with their lawyers, will apply to the ICC on Oct. 14, Ramazan Aritürk, a lawyer for the Turkish Humanitarian Relief Foundation, or IHH, told the Hürriyet Daily News & Economic Review.
Eight Turks and one U.S. citizen of Turkish descent were killed when Israeli commandos stormed the Mavi Marmara on May 31 while the ship and five others were en route to Gaza to break Israel's blockade against the territory.
A U.N. probe into the matter has been ongoing, but the IHH has now chosen to pursue the ICC channel because the Mavi Marmara, a former Turkish ferry, was flying the flag of the island nation of Comoros when it was attacked.
Neither Turkey nor Israel is a party to the Rome Statute that established the world's first permanent war crimes tribunal, the ICC.
Comorian route to the ICC
Desmond de Silva, a member of the U.N. inquiry panel, noted that the ship was flying the flag of ICC member Comoros, thereby giving the ICC jurisdiction over any offenses committed onboard.
The Comoros became a party to the ICC in 2006.
Under terms of international criminal law, legal culpability rests with the country of the so-called civil ensign, meaning the country in which the ship is registered and flagged, one legal expert told the Daily News.
If the Comoros wants to apply to the ICC against the Israeli violation, they can do so through a prosecutor who will decide to open a case if the evidence [in hand] is strong and convincing enough,%u201D the expert said.
Legal experts said parties could apply to the ICC as member states to the Rome Statute, through a resolution of the U.N. Security Council or through a prosecutor appointed by the victims lawyers.
The first and second options are not relevant in the Mavi Marmara case because neither Turkey nor Israel are parties to the ICC, and in the second option, a resolution by the U.N. Security Council could be vetoed by the permanent members of the council, including the United States. As such, the IHH is pursuing the third option.
Preparing a draft
Lawyers from South Africa, Britain and the Netherlands arrived in Turkey. We'll continue face-to-face meetings with them next week as well with the participation of those coming from Spain and other countries, said Aritürk.
We are working on a draft that we will send to the ICC, he said. The draft will include the violations allegedly committed by Israeli officials as well as the latest report released by the U.N. Human Rights Council.
Unlike the Strasbourg-based European Court of Human Rights, the ICC prosecutes individuals, not states, for genocide, crimes against humanity, war crimes and the crime of aggression.
The IHH is also in contact with a professor from the University of Chicago that helped found the ICC, said Aritürk.
We, the lawyers, have a final meeting Oct. 13 in The Hague before the application process starts the next day. The victims will also be present, said Aritürk.
He said parliamentarians from Britain, France and the U.S. contacted them to join the case, but the IHH has not yet made a decision on whether to involve them in the process as well.
Aritürk said lawyers from Spain wanted to apply to the ICC individually to claim the rights of the Spanish victims. But we stopped them and told them that we should do it all together.
Lawyers from countries whose citizens were involved in the May flotilla met July 15 in Istanbul and their next meeting after Oct. 13 will be in Doha on Oct. 22.
This will be a long process that will take perhaps two years, said Aritürk. The ICC prosecutor will evaluate our application. We want the ICC to try Israeli officials responsible for the flotilla attack.
Meanwhile, the probe ordered by the U.N. into the incident said last week that there was clear evidence to back prosecution against Israel for killing and torture when its troops stormed the aid ship.
It also said six of the deceased were "victims of summary executions." Israel has rejected the inquiry from the outset as biased, while Turkey welcomed it both in a strongly worded statement from the Foreign Ministry and remarks from the foreign minister.
http://bit.ly/9AP9HY
UN report into flotilla attack exposes Israeli lies and criminality
Introduction
Israel has been condemned, yet again, by the United Nations for serious violations of international human rights and humanitarian laws. A UN report released last week has confirmed that there is "clear evidence to support prosecutions" against the Israeli authorities for the crimes of "wilful killing; torture or inhumane treatment; and wilfully causing great suffering or serious injury to body or health."
These are just some of the damning conclusions reached by the United Nations Human Rights Council report which investigated the circumstances of the Israeli attack on the Freedom Flotilla to Gaza in which nine of the humanitarians on board the Mavi Marmara were killed, dozens were injured, and hundreds of the civilian passengers were abused, detained illegally and transferred to Israel by Israeli commandos. This report has been awaited anxiously by many who have been seeking clarification of the events that took place on 31st May this year.
The conclusion of the report has vindicated all the international humanitarians on board the ships while condemning Israel's behaviour in the strongest possible terms. "The conduct of the Israeli military... towards the flotilla passengers was not only disproportionate to the occasion but demonstrated levels of totally unnecessary and incredible violence. It betrayed an unacceptable level of brutality. Such conduct cannot be justified or condoned on security or any other grounds. It constituted grave violations of human rights law and international humanitarian law." (Emphases added)
The starting point of the UN report is the siege on Gaza legal or illegal?
The report begins by posing some very simple questions to put the issue into context. First, is the siege on Gaza legal or illegal? Second, was the Israeli assault on the flotilla legal or illegal?
With regards to the first question, the report confirms yet again that the siege on Gaza is entirely illegal: "The Mission has come to the firm conclusion that a humanitarian crisis existed on the 31 May 2010 in Gaza. The preponderance of evidence from impeccable sources is far too overwhelming to come to a contrary opinion. Any denial that this is so cannot be supported on any rational grounds... the blockade is unlawful and cannot be sustained in law."
You cannot get much clearer than that! The UN team bolsters this position by reference to the blockade amounting to "collective punishment", a serious crime under the Fourth Geneva Convention. The resultant attack on the Turkish-registered Mavi Marmara, the report concludes, was also "clearly unlawful".
Israeli lies exposed
Not only does the report make it clear that Israel acted illegally and in violation of international law but it also reveals clearly that many of Israel's claims are actually unabashed lies and blatant attempts to mislead the public and cover up its own crimes. For example:
1- Israeli claim: The flotilla members had weapons on board and were therefore a threat to Israeli soldiers.
UN Report: "The Mission has found no evidence to suggest that any of the passengers used firearms or that any firearms were taken on board the ship... Further, the Mission finds the Israeli accounts so inconsistent and contradictory with regard to evidence of alleged firearms injuries to Israeli soldiers that it has to reject it." (116)
2- Israeli claim: Lethal force was necessary to protect the lives of the Israeli soldiers.
UN Report: "None of the four passengers who were killed [during a particular phase of the assault], including a photographer who at the time of being shot was engaged in taking photographs and was shot by an Israeli soldier positioned on the top deck above, posed any threat to the Israeli forces." (120) Furthermore, the report finds that "there was no imminent threat to soldiers". (167) Nine people had been killed by the Israeli commandos by the end of the attack.
In contrast, those on board the boat gave medical assistance to three Israeli soldiers who were injured and then those soldiers were also released.
Examples of UN-documented Israeli brutality against the humanitarians on board
The report highlights a few very troubling acts that were perpetrated by the Israeli forces against the civilian flotilla members including inter alia:
* "Widespread misuse of the handcuffs by the Israeli soldiers... Forensic reports confirm that at least fifty-four passengers had received injuries, transversal abrasions and bruises, as a result of handcuffing on board the Mavi Marmara." This included the cuffing of seriously wounded passengers for hours. Three months later many people still have related medical complaints.
* Many civilians were stripped naked and forced to wait hours before receiving medical treatment.
* Medical treatment was denied for hours to some of the wounded.
* Many passengers "exposed on open decks received serious sun-burn to their skin as a result of many hours exposure: medical reports show that at least thirteen passengers received first degree burns as a consequence."
* "There was physical abuse of passengers by the Israeli forces, including kicking and punching and being hit with the butts of rifles."
* Frequent instances of verbal abuse, including derogatory sexual remarks about the female passengers.
* "Passengers were denied access to toilet facilities or made to wait for lengthy periods before being escorted to the toilet and then forced to use the toilet with Israeli soldiers watching and while handcuffed. Some passengers were in serious discomfort as a result, while others used makeshift receptacles, such as plastic bottles and others still were forced to urinate on themselves."
* Some passengers received dog bite wounds.
* Some passengers who suffer from chronic medical conditions, such as diabetes or heart conditions were not allowed to take their medication.
* A white flag was waved by the Head of the IHH (the Turkish charity which helped to organise the flotilla) and yet the Israelis continued to fire.
Fallout from the flotilla attack
Prosecutions
This UN report has laid the groundwork for a series of prosecutions against the Israeli authorities. In fact, the report specifically outlines some of the potential legal remedies that the victims are now at liberty to seek, including: "judicial remedies"; the "right to reparations"; "medical and psychological care" (for those victims of Israeli torture); "compensation"; and so on. The report states further that "as far as the grave breaches of the Fourth Geneva Convention are concerned, these may give rise to individual criminal responsibility". It also lists a few of Israel's most serious violations, including, for example, the violation of the "right to life" and "torture and other cruel, inhumane or degrading treatment or punishment".
Prosecutions can be brought by individuals, families, the flag-bearing nation of the boats involved or the countries from whence the victims came, primarily Turkey (although one of the deceased, 19 year old Furkan Dogan, held Turkish-American dual citizenship).
One point the UN mission notes is that the Israeli authorities have refused, once again, to cooperate with a UN fact-finding mission (reminiscent of their refusal to cooperate with the Goldstone report team). However, given that some of the Israeli "perpetrators of the more serious crimes" were masked, the UN has urged Israel's government to "assist in their identification with a view to prosecuting the culpable."
Turkey's relations with Israel
This report will also have a great bearing on Turkey's already shaky relationship with Israel. The Turkish authorities are not going to let the murder of their citizens on the high seas by Israeli soldiers pass unnoticed. In an interview published on 28th September 2010 in the London-based Al Hayat newspaper, Turkey's Foreign Minister, Ahmad Dawud Oglu, said, "We will never forget that our citizens were killed by the army of a foreign country. This is a matter of principle for us; it is not a transitional or tactical issue. We demand an official apology because the incident is regarded as a crime."
This UN report will only bolster the Turkish sense of injustice. It confirms the many levels on which the incident breached international law and clearly paves the way for legal proceedings to follow. Turkey has essentially been vindicated by this report and it gives validity and support to the claims made by the Turkish passengers and Turkish authorities all along.
The Israelis need to do something substantial if they are to appease their erstwhile ally. As things stand at the moment all military cooperation between the two nations has essentially been suspended and political relations generally have become more or less frozen, with no significant efforts being made by any third party to mediate between the two countries. This situation is likely to get even worse over the coming months as legal battles begin to be waged. The battle is being taken from the high seas to the courtroom and this will no doubt be another PR disaster for Israel.
More bad PR for Israel
This report is a damning indictment of Israel's behaviour, casting as it does a very bad light on the Israeli government and armed forces. It also seriously calls into question the effectiveness of the Israel Defence Forces. The IDF is touted around the world as a stellar fighting force and yet its commandos could not do something as relatively simple as divert a boat load of civilians without it leading to absolute carnage. Either this exposes the IDF as an army of poorly trained, unprofessional youngsters with high velocity weapons; or, if they stand beside their reputation as a fearless fighting force, that they display callous inhumanity when pitted against civilians and have little regard for human life. This calls into question the way that the troops are trained as well as the military philosophy passed down by senior officers to their troops.
Conclusion
The authors of the UN report stated that "the mission is satisfied not only that the flotilla presented no imminent threat [to Israel] but that the interception was motivated by concerns about the possible propaganda victory that might be claimed by the organisers of the flotilla." If the Israelis intended to avoid a propaganda defeat, their plan certainly backfired and, once again, Israel's criminal antics have been laid bare for the world to see. Now the Zionist state faces an even bigger PR disaster when the inevitable prosecutions reach the courts and the details of the events that unfolded on board the Mavi Marmara and in the days immediately thereafter are given in open court.
More flotillas are planned in the wake of this attack. A British boat, the Irene, carrying Jewish peace activists, has already been intercepted by Israeli forces en-route to Gaza. An even larger "Freedom Flotilla 2" is also due to set sail in the next few months. Israel should learn its lessons from its disastrous experience. The world will not give up on the besieged people of Gaza. If governments are afraid of the political ramifications that come from challenging Israel and its allies then the citizens of the world will step forward and do it instead.
The attack on the Mavi Marmara was the beginning and not the end. This latest UN report clearly exonerates the flotilla mission both in its principles and in its practice, bolstering future efforts by peace activists to break the siege on Gaza. It also sends a warning to Israel that its illegal siege on the 1.8 million inhabitants of Gaza will not be allowed to continue unchallenged. The new leader of the Labour Party, Ed Miliband, whose parents fled from Nazi Europe during the Second World War, has told his party's annual conference that "the attack on the Gaza Flotilla was so wrong... the Gaza blockade must be lifted and we must strain every sinew to work to make that happen". The UN report itself ends by saying that the "unsustainable" siege on Gaza "is totally intolerable and unacceptable in the 21st century", a fact that it would be wise for Israel to wake up to sooner rather than later.
REPORT: http://bit.ly/d1pRBh
http://bit.ly/bFWTgg 7 jul 2011, 00:47 , Respect -
Maria 30 sept 2010
US rejects UN report on Gaza flotilla raid, Davutoglu 'disappointed'
ANKARA - Hürriyet Daily News
The United States sole dissenting vote on a draft U.N. resolution critical of Israel's May 31 raid on the Gaza-bound aid ship Mavi Marmara drew a negative reaction Wednesday from Turkey's foreign minister.
We expect our allies to see the subject as a matter of solidarity, Foreign Minister Ahmet Davutoglu said, expressing his disappointment while in the United States.
The United Nations passed the resolution with 30 votes; only the United States objected, though 15 European Union member countries abstained from voting, something Davutoglu also criticized.
It is a matter that contradicts the principles and human rights embraced by the European Union, the Turkish foreign minister said.
The resolution draft was presented by Pakistan, representing the 57 countries of the Organization of the Islamic Conference, to the U.N. Human Rights Council. Three experts from the European Commission of Human Rights analyzed the draft, which endorses a report that concluded there is enough evidence on the flotilla raid to provide grounds to a file a lawsuit for murder, torture and inhumane treatment.
Nine aid activists, including eight Turks and one American of Turkish descent, were killed during the raid of the vessel.
Passengers on the Mavi Marmara are meanwhile preparing to take a case to the International Criminal Court, following a report released by the European Commission of Human Rights on human-rights violations.
http://bit.ly/clsSTt
UN rights council adopts report condemning Israel over flotilla massacre
GENEVA, (PIC)-- The UN Human Right's Council voted to back a report issued by one of its fact-finding missions that offers clear evidence to prosecute Israel for the deadly attacks on the Freedom Flotilla set to deliver humanitarian aid to Gaza late last May.
30 countries voted in favor of the resolution, against the United States who opposed it, while 15 abstained.
The UN-appointed probe of three experts said in a report six months back that the Israeli Navy violated international and humanitarian law by willfully killing and torturing passengers of the Mavi Marmara ship when it attacked it, and described the Gaza siege as unlawful. They added that six of the nine victims on the ship were killed in execution style.
The report was based on Article 147 of the Fourth Geneva Convention, which relates to the protection of civilian persons at the time of war.
The U.S. described the report as being imbalanced, adding that it should not be used to hamper negotiations. The U.S. delegate to the council Eilene Chamberlain opposed the resolution, calling on the UN General Assembly to examine the report.
Belgian council representative Alex Van Meewuen backed the EU nations decision not to vote, saying the report did not include reference to the separate UN probe into the Marmara attack.
http://bit.ly/cwEm1R
1 oct 2010
Turkish analyst: Washington increasingly upset with Ankara
'US Jewish lobby which supported Turkey for many years doesn't understand Ankara's change in attitude toward Israel,' Hurriyet columnist writes, adding, 'We are on verge of entering dangerous waters'
"Washington is increasingly becoming upset with Ankara. The origin of this lies in the approach to Israel. The Iranian issue comes in second," according to a senior Turkish political analyst.
In an op-ed published this week by the Hurriyet daily, Mehmet Ali Birand wrote, "Each and every unfavorable step by Turkey toward Israel directly affects Turkish-American relations. Everybody is uncomfortable and tense and it distorts the country's image.
"The majority of those upset voice their concern in the US Congress, US media and also some NGOs. The Jewish lobby which supported Turkey for many years doesn't understand the change in attitude, nor does it intend to do so," he said.
Birand also criticized Washington's approach to the crisis between Jerusalem and Ankara over the deadly commando raid on a Gaza-bound Turkish ship in late May.
"The US administration is working on trying to understand Ankara and its intention toward Israel and waiting for relations to calm down. It tries to inspire Turkey so negotiations with Israel can start over again saying: 'A cessation in relations with Israel would increase tension in the region. Such a situation would not be bearable either for Turkey or for the United States. You already said what you had to say. Resend your ambassador and ease relations.' When giving this advice it looks out for the benefit of Israel.
"It (US) does not recommend that Israel apologize but tells us to calm down," said the analyst, who is considered liberal.
However, Birand warned that Turkish-US ties could deteriorate further. "We have not arrived at the point of breaking up. For there won't be a break-up with the United States easily. But once it breaks, fixing it would be very difficult.
"We are on the verge of entering dangerous waters. If we consider the latest developments we'd see that the course is not very good," he said. "For example, the fact that (Turkish President Abdullah) Gul and (Israeli President Shimon) Peres could not meet was externally interpreted as Turkey 'setting a condition.' And the (US administration badly wanted this meeting to take place."
Birand claimed Turkey will have no choice but to slowly "smooth relations" with Israel. "Turkey probably won't get back to its former relations with Israel but it won't be hostile either. For everybody in Ankara knows that there will be much harm in the case of long disputes with Israel," he wrote.
"What is important for Turkey is the lifting or at least an easing of the Gaza embargo. An advance in peace negotiations these days will also solve any congestion in Turkish-Israeli relations. If not managed well, it may lead to a disaster."
http://www.ynetnews.com/articles/0,7340,L-3962420,00.html
3 oct 2010
NEW VIDEO FROM MAVI MARMARA - Israeli troops attack GREECE SHIP 10/2010
(7:59) NEW VIDEO FROM MAVI MARMARA - Israeli troops attack GREECE SHIP 10/2010
2 oktober 2010 Thanks Greece !!! New Video from the Ship Mavi Marmara - One of the ships - GREECE SHIP. Israel attack Greece Ship in international water... Terror israel Palestine Free Palestine Fight for Freedom
Flotilla attack to be avenged in movie
Turkey is to make a movie which will see the country avenging the killing of nine of its pro-Palestinian activists by Israeli commandos.
Israeli commandos killed the Turkish nationals on May 31 as they were trying to reach the Israeli-blockaded Gaza Strip by sea as part of the Freedom Flotilla, an Ankara-backed humanitarian convoy.
In the movie the Valley of the Wolves - Palestine -- adopt from a TV series of the same name -- the protagonist captures the military commander planning and ordering the attack, the film's website said, according to the Associated Press.
The film is set on the Freedom Flotilla's lead vessel Mavi Marmara.
The assault has done a record damage to Israel-Turkey bilateral ties, already clouded over Tel Aviv's attacks on Gaza at the turn of 2009, which killed more than 1,400 Palestinians, mostly civilians.
Tel Aviv has taken issue with Ankara over the series which, besides other patriotic depictions, has featured the emancipation of a Turkish boy captured by the Israeli spy agency Mossad.
Reacting to the series, Israel called Turkish Ambassador Oguz Celikkol, reportedly seating him on a low couch and removing the Turkish flag from the table of discussion.
Celikkol was later quoted by the Anatolia news agency as denouncing the humiliating treatment as one "that will go down in the books of diplomatic history," AFP reported.
http://www.presstv.com/detail/145073.html
Flotilla ship is setting for anti-Israel movie
ANKARA, Turkey A Turkish protest ship that was the scene of bloodshed during Israel's raid on a Gaza-bound aid flotilla is now the setting of an anti-Israeli film.
Part of a movie is being filmed on board the Mavi Marmara, where Israeli troops clashed with the pro-Palestinian activists, Salih Bilici, a spokesman for the Turkish Islamic charity that sponsored the flotilla, told The Associated Press on Sunday.
The movie "Valley of the Wolves Palestine" is a spinoff from the controversial but highly popular TV drama series "Valley of the Wolves," which tells the story of a nationalist undercover agent assigned to kill state enemies. The series sparked a diplomatic row between Turkey and Israel this year after one episode showed Israeli security forces kidnapping children and shooting old men.
This time, the hero Polat Alemdar and his team are given the task of hunting down the raid's military commander and planner, a fictional character called Mose Ben Eliezer, according to the film's website.
"Mose destroys villages, kills children and throws everyone who helps Polat into prison," it says.
In Israel, Deputy Foreign Minister Danny Ayalon and Foreign Ministry spokesman Yigal Palmor declined comment. No one was available at the Pana production company Sunday.
In January, Ayalon summoned the Turkish ambassador to complain about "Valley of the Wolves," forcing the envoy to sit on a low sofa. Turkey was outraged and demanded an apology.
Bilici said the crew was currently filming an enactment of the raid aboard the Mavi Marmara that shows activists performing early morning prayers when an Israeli helicopter approaches and soldiers rappel on board and shoot at them, Bilici said.
The movie's release is scheduled for January 28.
The Mavi Marmara and two other Turkish ships were part of a flotilla sailing toward Gaza to protest Israel's blockade of the Hamas-ruled territory. Israel insisted its troops acted in self-defense after being attacked by activists on board.
Last week, a report by three U.N.-appointed human rights experts found that Israeli forces violated international law when they raided the flotilla. Israel responded saying the Human Rights Council, which commissioned the report, had a "biased, politicized and extremist approach."
The "Valley of the Wolves" films and TV series are highly popular in Turkey but are also severely criticized for stocking nationalism and glorifying violence.
In the early years of the TV series, upset fans held a minute of silence in the memory of one of the heroes who was killed off. They had obituaries printed in newspaper expressing their grief, while a gang of angry youths beat up the actor who played his killer.
http://bit.ly/bq0cmK 7 jul 2011, 00:48 , Respect -
Maria 5 oct 2010
Turkey refuses Israeli request to interview Marmara captain
(0:46) Turkey refuses Israeli request to interview Marmara captain
Turkey has refused to give Israel permission to hear testimony from the captain of the Mavi Marmara ship which was the focus of the May 31 raid by Israeli commandos as the ship led a convoy to break the blockade of the Gaza Strip. The Turkel committee set up by Israel to investigate the incident made an official request to the Turkish Embassy on Sunday. Turkey formed its own committee to investigate the flotilla incident which has already heard testimony from the Mavi Marmara's captain and crew. The Turks also emphasized that the flotilla incident will not be over until Israel apologizes for killing nine Turkish activists during the raid and pays their families reparations. Israel claims its soldiers were attacked by the activists and acted in self defense.
Septet talks delegitimization of Israel, UN flotilla probe
Ministerial forum makes point of releasing statement after meeting saying that peace talks, possible freeze extension not discussed.
The seven member ministerial forum known as the 'septet' met on Tuesday, discussing the delegitimization of Israel and the ongoing UN investigation into the Turkish flotilla incident.
The septet made a point of releasing a statement afterward, saying that they did not discuss efforts being made to enable the continuation of peace talks. Their had been media speculation that the ministerial forum would discuss a possible extension of the moratorium on West Bank settlement building in hopes of saving stalled negotiations with the Palestinians.
According to the statement, the septet discussed the campaign of delegitimization being waged against Israel globally.
The ministers were also briefed by Dr. Joseph Ciechanover, the Israeli representative on the UN panel investigating the events surrounding the May 31 raid of the Gaza-bound aid ship the Mavi Marmara. Ciechanover discussed the expected timetable for the panel's continued work.
The government has not announced whether or not the potential freeze extension or other efforts to enable continued peace talks will be discussed in Wednesday's scheduled security cabinet meeting.
An Arab League meeting to discuss settlement building and its impact on the resumption of the talks, initiated by the Palestinian Authority, will be held on Friday in Libya. The PA has repeatedly stated that it will not return to the negotiating table as long as building in the settlements continues.
http://www.jpost.com/Israel/Article.aspx?id=190310
6 oct 2010
BBC Investigates Complaints About Gaza Freedom Flotilla Programme
The BBC has confirmed it is investigating complaints about one of its programmes from an Irish peace activist and former European election candidate who was caught up and injured in an Israel military attack on an aid ship convoy last May.
The Gaza Freedom Flotilla was intercepted and attacked by Israeli military personnel in international waters on May 31st this year. Nine people died when Israeli paratroopers stormed the Turkish-owned Mavi Marmara.
On August 16th, the BBC's Panorama programme broadcast a report on the fatal May 31st attack. After viewing the programme, Donegal man Mr Fiachra Ó' Luain wrote to the BBC claiming he was an eyewitness to the initial attack on the MV Mavi Marmara and in a follow-up official complaint he outlined 31 individual issues relating to the broadcast.
Mr O' Luain was 2nd mate on board the US-registered Challenger 1 when he witnessed the fatal attack on the Mavi Marmara. Mr O' Luain was later detained after the ship he was on was pursued by Israeli commandos before it was boarded and seized.
Mr Ó' Luain has said: "I welcome the fact that the BBC are going to formally investigate the bias we witnessed in the glibly titled Panorama programme 'Death In The Med'. For the sake of journalism, it is important that editors, producers and reporters are held accountable when they mislead and omit important information. While I am interested to see how the BBC respond, it serves to remind how readers and viewers should always be analytical of how the "facts" are presented to them at prime-time."
"The reason why so many of us were shocked at the obvious bias evident in the Panorama programme is because we would like to expect much better from the BBC. I have done my own research and investigation following the progmmme and interviewed members of the BBC who work in London. I know that many BBC workers were as appalled by the programme as we were, and also want to ensure that the BBC's reputation is not jeopardized by such a biased programme again," Mr O' Luain added.
In response to Mr O'Luain's complaint, the BBC said: "We understand the strength of feeling regarding the Israeli Defence Force%u2019s operation against the Mavi Marmara on 31 May 2010. We recognise the complexity of the subject and note its ramifications within the context of the Israeli-Palestinian conflict as a whole."
The BBC however has not commented on how many complaints it has received in relation to the Panorama programme.
In August, Mr O' Luain and three other Irish citizens gave evidence to an UN inquiry into the attack on the flotilla. The fact-finding mission, established by the UN Human Rights Council found Mr O" Luain was "physically attacked by around seventeen officers when he refused to sign deportation paper, kicked in the head and threatened at gunpoint. A number of passengers had resolved to resist deportation in order to have the opportunity to demonstrate their innocence in an Israeli court. This was taken as a provocation by the Israelis."
http://bit.ly/aJmSXm
Livni tells UN to mind its own business over flotilla probe
Outside intervention in Israel's right to combat terrror 'unacceptable,' opposition leader tells Ban Ki-moon in New York.
Opposition leader Tzipi Livni on Wednesday accused the United Nations of intervening in Israel's affairs through its probe into an Israeli raid on a Gaza-bound aid flotilla.
Livni told UN Secretary General Ban Ki-moon that his decision to appoint a panel to investigate the May 31 commando raid, which left nine pro-Palestinian activists dead, was "unacceptable".
"Any international intervention in military operations carried out by Israel is unacceptable, just as it would be unacceptable to any other country fighting terrorism," Livni told Ban in a meeting at his office at the UN building in New York.
Israel has launched its own examination of the flotilla raid, which saw navy commandos rappel onto the deck of the flagged aid boat 'Mavi Marmarma,' where they clashed bloodily with Turkish activists.
"Israel is investigating the events of the flotilla itself, and that is enough," said Livni, who leads Kadima, the second largest party in Israel's Knesset.
An Israeli panel lead by Jacob Turkel and overseen by two international observers has already heard testimony from Prime Minister Benjamin Netanyahu, Defense Minister Ehud Barak and army Chief of Staff Gabi Ashkenazi.
Livni also slammed the UN for hosting speeches by Iranian President Mahmoud Ahmadinejad, who has repeatedly called for Israel's destruction.
"You must stop giving a platform to Ahmadinejad. His last speech at the UN was dangerous and showed that economic sanctions [against Iran] are not enough," she told Ban.
"There need to be added diplomatic sanctions that will prevent Iran's leaders from gaining a platform for their extremist views."
In his remarks to Livni, Ban focused on Israeli building in the West Bank, reiterating UN pressure on Israel to re-impose a freeze on settlement construction. The prior freeze expired in late September, bringing to a near-standstill the new peace talks between Israel and the Palestinians.
http://bit.ly/91sDo1
Turkel summons Arab-Israelis who took part in Gaza flotilla
Muhammad Zeidan
Head of Arab Monitoring Committee, Rahat resident who were aboard Turkish ship during command raid in late May to testify before inquiry commission.
The Turkel Commission, which is probing the deadly commando raid on a Gaza-bound Turkish ship in late May, has summoned two Israeli-Arabs who were aboard the vessel.
Higher Arab Monitoring Committee Chairman Mohammad Zeidan and Rahat resident Hamad Abu Dabus are scheduled to testify next week as part of the commission's examination of the "actions of the flotilla's organizers and those who participated in it."
The Turkel Commission has also asked a number of human rights groups for information regarding the humanitarian situation in Gaza. Representatives from B'Tselem, Physicians for Human Rights-Israel and Gisha: Legal Center for Freedom of Movement are expected to testify before the committee soon.
Interior Ministry Director of Enforcement and Foreign Nationals Yossi Edelstein is also expected to testify regarding the treatment of flotilla participants from their arrival in Ashdod harbor until their deportation from Israel.
http://www.ynetnews.com/articles/0,7340,L-3965133,00.html
Turkel committee summons 2 Israelis who participated in flotilla
The Turkel committee investigating the IDF raid on the Gaza-bound flotilla summoned two Israeli witnesses who took part in the sail to testify.
The committee said that the two, Muhammad Zidan from Kafr Manda and Himad Abu Dabous from Rahat will appear before the panel next week.
http://www.ynetnews.com/articles/0,7340,L-3965047,00.html 7 jul 2011, 00:52 , Respect -
Maria 7 oct 2010
In the aftermath of the raid on the Freedom Flotilla
Angela Corrias & pascaluccelli
In the aftermath of the deadly attack of the Israeli Navy against the peace activists of the Freedom Flotilla last 31st of May, world leaders have failed to raise their voice in order to demand an independent international investigation.
The international community did not manage to impose the respect of the international legislation and despite the obvious breach of the most basic human and civil principles, Israel was not brought to trial before an independent commission.
The bloody attack against a humanitarian ship in international waters has proved once again that the tiny State is granted with undue privileges and an impunity that no other country can boast.
In the wake of the attack on the Freedom Flotilla headed to the Gaza Strip that caused the death of eight Turkish activists and one US citizen of Turkish origins, Turkey has withdrawn its ambassador from Tel Aviv and cancelled joint military exercises.
On top of that, Turkey demands that Israel issue a formal apology, pay a compensation to the victims' families and accept an international investigation over the mid-sea raid.
Following the tragic events of the raid on the Mavi Marmara, a group of thirty-three Greek citizens who took part in the convoy launched a lawsuit against senior Israeli officials, including Defense Minister Ehud Barak and Army chief Gabi Ashkenazi. The activists are also planning to sue the soldiers and officers who attacked the convoy, because of a clear violation of Greek criminal law and international treaties as soldiers were outside Israel's territorial waters.
Israeli Prime Minister Netanyahu seems to have no intention to apologise nor recognise the breach of the international laws by attacking a humanitarian convoy in international waters. Zionist officials, in fact, have criticised the United Nations Human Rights Council (UNHRC) for appointing what it calls a biased committee to probe Tel Aviv's deadly attack on a Gaza-bound aid convoy, alleging that the council's team wanted to satisfy an anti-Israel majority.
Due to the increasing pressure of countries such as Iran, Malaysia and Syria, the UN Human Rights Council has appointed former UN war crimes prosecutor Desmond de Silva, Trinidadian judge Karl T. Hudson-Phillips and Malaysian women's rights advocate Mary Shanthi Dairiam to investigate the May 31 attack.
The UN body described the panel as "completely unbiased," urging Israel to cooperate. Although Tel Aviv has refused to collaborate with previous investigations conducted by the UN body, and the Human Rights Council condemned the incident deciding to set up a commission of inquiry, the international community still fails to condemn Israeli crimes and to impose the Zionist state to stop the illegal blockade of the Gaza Strip.
The UNHRC panel has finished last week the initial probe on the raid against the Freedom Flotilla and has found evidence of wilful killing and torture. According to the UN experts, "a series of violations of international law, including international humanitarian and human rights law, were committed by the Israeli forces during the interception of the flotilla and during the detention of passengers in Israel prior to deportation." Enough "to support prosecutions."
Turkish prime minister Recep Tayyip Erdogan has condemned Israeli unwillingness to cooperate in the probe, stating that Turkey deeply regrets the non-cooperation by the occupying power, Israel, with the independent international fact-finding mission.
In these very days a new convoy, Viva Palestina 5, is on its way to Gaza, in order to break the illegal siege and deliver aid to the population that is facing an increasing humanitarian crisis. After leaving from London, it has stopped in France, Italy, Turkey to visit the tombs of the activists killed last May 31, and is now in Syria.
Life in Gaza and in the Palestinian Occupied Territories
The situation in the Gaza Strip is increasingly dramatic, being the population constantly under the illegal siege imposed by the Zionist regime. Gaza goes through frequent electricity cuts arbitrarily decided by the Israeli government, cuts that usually last several weeks, with all the dramatic consequences this has for the most basic daily routine, such as house commodities and lifestyle.
Electricity cuts and the blockade of basic goods have very serious consequences when it comes to medical centres and hospitals necessities.
Patients under dialysis at al-Shifa hospital in Gaza City are denied proper medical treatments due to the shortage of electricity and equipment in deterioration. The illegal blockade imposed by the Zionist regime has caused the pharmacy of the hospital to run out of essential medicaments, and patients need to find alternative ways to source drugs and treatments, paying more than due for them or being deprived altogether as some are impossible to be delivered in the Gaza Strip.
In their inhumane brutality against civilians, the Zionist Army keeps blocking medical equipment, such as dialysis machines and spare parts that would repair old machines no longer functioning, from entering Gaza City. Although they have no authority over Palestinian territories and although they have been carrying out crimes against humanity for decades, neither the US administration nor any of the European governments are strong and independent enough to openly condemn what is a clear violation of the most basic international laws and human rights.
Due to inadequate resources, dialysis treatment has been reduced for all patients from three to two times a week, causing serious implications for the health of the patients.
An increasing number of patients in Gaza suffering from serious injuries and diseases are forced to seek treatment outside of the Gaza Strip. Yet the process for obtaining the necessary permits for transfer from Gaza to hospitals abroad is long and always more complicated. Hundreds of patients, including women and children, are denied each month under the fake excuse of "security concerns." Since 2007, the Palestinian Centre for Human Rights has documented the cases of 67 patients who have died because they could not obtain the necessary treatment in Gaza and were denied a permit to seek medical treatment abroad.
In June, the World Health Organization (WHO) reported that Israel blocked delivery of essential equipment, including a CT scanner, defibrillators and monitors. In addition, the Palestinian Health Ministry said Israel confiscated seven oxygen machines, donated by a Norwegian development agency, and blocked x-ray machine deliveries, under the unreasonable claim they were dual-use, meaning possibly for military purposes.
Denying medical care is only one of the many ways the Zionist organisation is breaching the international law, as the Fourth Geneva's Article 16 states: "The wounded and sick, as well as the infirm, and expectant mothers, shall be the object of particular protection and respect."
A policy of repression
The Zionist regime, illegally occupying Palestinian lands, under the pretext of security in 2009 has interrogated over 600 of the thousands of Gazans who had applied for exit permission in order to receive proper medical treatments. Most of the times, patients are summoned "after their hospital appointment date(s) passed," causing them to lose out and have to reschedule.
In other cases, Zionists summon patients to Erez Crossing (on the pretext of permission to leave), arresting and detaining them instead - a Palestinian Red Crescent Society (PRCS) worker as well, part of a paramedic/ambulance driver team en route to a Ramallah training course, was arrested and imprisoned in Israel.
In line with their policy of repression, the Zionist regime reserves the right to detain elements who seek medical treatments in Israel following information that they are terror activists or that their entry to Israel might pose a security risk, common excuse to keep carrying out the ethnic cleansing of the Palestinian people, undisturbed and with the usual impunity granted by an always weaker international community.
Zionists further deny permission for West Bank treatment, saying patients might stay with their families - their legal right, unrelated to security, in an entirely state-sanctioned repression. Additionally, Israel confiscates patients' belongings when returning home after treatment, forced on re-entry to leave behind whatever they bought or were given, including medical equipment, clothing, toys and other non-threatening items.
Collective punishment and endless violence against the Gaza Strip
At least two Palestinians have been killed and seven others wounded in an Israeli attack in northern part of the Gaza Strip last month, when the Zionist Army fired several artillery shells into the town of Beit Hanun, Ma'an news agency reported.
The two Palestinians killed were later identified as Mohammad al-Kafarneh, 22, and Kasim al-Shindary, and a 10-year-old girl was among the injured, three of which were reported in critical conditions. Most Palestinians in that area are farmers and they are in constant risk of being shot at when going to their farms as the soldiers of the Zionist entity frequently open fire, accusing the farmers of trying to approach the "security fence."
As the humanitarian crisis Israel has caused in Gaza wasn't alarming enough, their war planes frequently launch air strikes on the Gaza Strip, targeting Palestinian civilians, buildings and tunnels between Gaza and Egypt.
In an attempt to soothe the outrage of worldwide population sparked by the deadly attack against the humanitarian convoy on May 31st, the Zionist regime had declared an ease on the Gaza siege, but as history goes, not only did they not ease the blockade, but they escalated the crisis by increasing the frequency of air strikes on the already wounded Gaza Strip.
Egypt has tried to brush away the impression that it's Israel's main accomplice in the Gaza siege and indefinitely opened its Rafah crossing.
Updates on illegal land-grabbing by Zionist settlers and peace talks
The expansion of settlements scattered throughout Palestinian territory doesn't seem to come to an end. As a matter of fact, already 42% of the occupied West Bank is controlled by settlers.
Around 200 settlements, illegal under an increasingly ignored international law, according to which any Jewish settlements built on occupied territory are illegal, occupy more of the Palestinian land than previously reported and settlers have no intentions to stop violently seizing lands from private Palestinian owners, in the most arrogant defiance of any civil and human principle.
During the ongoing peace talks between Benjamin Netanyahu and Mahmoud Abbas with the supervision of Barack Obama, settlers of illegal colony of Revava have announced the end of the freeze.
Despite the ethnic cleansing of Palestine carried out by the Zionist organisation since 1948, the colony known as Israel has been able to impose itself in the landscape of world affairs, and in 1967 the already wounded Palestinian land and population were further legally deprived of parts of their country that were annexed to Israel, in an attempt to set an artificial border between the two States.
The Zionist regime, however, has never respected the international legislation, and since 1967 it has been trying to reduce the Palestinian population of East Jerusalem, in blatant abuse of basic human rights.
According to the Israeli Information Centre for Human Rights, B'Tselem, to achieve its goal, the Zionist regime has been:
· Physically isolating East Jerusalem from the rest of the West Bank, in part by building the separation barrier;
· Discriminating in land expropriation, planning, and building, and demolition of houses;
· Revoking residency and social benefits of Palestinians who stay abroad for at least seven years, or who are unable to prove that their centre of life is in Jerusalem;
· Unfairly dividing the budget between the two parts of the city, with harmful effects on infrastructure and services in East Jerusalem. [1]
As the so-called peace talks throughout the years have never gone anywhere, it is clear by now that the Israeli regime doesn't seek peace in the territory, but a constant situation of violence and instability in order to retaliate with more land expropriation.
The latest edition of peace talks has now been suspended due to the renewal of settlement building, and the destiny of Palestine faces another stalemate, while rallies took place last Friday in Gaza to commemorate the 10th anniversary of the Second Intifada, symbol of the Palestinian resistance against the occupation.
[1] East Jerusalem, B'Tselem report http://www.btselem.org/english/Jerusalem/
Main sources:
Maan News Agency www.maannews.net/eng/Default.aspx
Electronic Intifada http://www.electronicintifada.net/
Israeli Information Centre of Human Rights, B'Tselem
http://www.btselem.org/english
The Palestinian Initiative for the Promotion of Global Dialogue and Democracy
http://www.miftah.org/
http://twitwall.com/view/?what=0B00010B03
Turkel Committee head given tie-break power in voting
Committee chairman Jacob Turkel asked for the double vote following the death of committee member Professor Shabtai Rosenne about two weeks ago, which left the committee with four members.
The cabinet has given double-vote power to the head of the Turkel Committee investigating the deadly raid on the Gaza-bound flotilla in May, in case of disagreements among the committee's four members.
Committee chairman, former Supreme Court justice Jacob Turkel, asked for the double vote following the death of committee member Professor Shabtai Rosenne about two weeks ago, which left the committee with four members. This could result in a draw in committee members' votes on writing its report and its conclusions.
The Prime Minister's Bureau said Turkel advised Justice Minister Yaakov Neeman not to appoint a new member instead of Rosenne. He said that the committee had already completed a large part of its work when Rosenne died and is now in the stage of writing it, after processing much of the material.
He said presenting the committee's conclusions as early as possible and carrying them out could help Israel in the international arena. Adding another member to the committee at this stage should be avoided, as they would have to study a great amount of material and could delay the report's completion, he said.
The cabinet approved Turkel's suggestions on Monday but neither the Prime Minister's Bureau nor the Turkel Committee released the decision to the media. It was only published as a small clause in the summary statement of the cabinet session on the Prime Minister's Office website. It was not sent out to reporters like other announcements.
The Turkel Committee refrained from posting the decision on its website.
http://bit.ly/ae05I6 7 jul 2011, 00:53 , Respect -
Maria 9 oct 2010
(0:47) Turkish Flotilla Lawyers: "We have Clear Evidence of israeli War Crimes."
Flotilla victims' families to International Criminal Court: Prosecute Israel
Turkish lawyers petition the ICC to examine IDF 'war crimes' during clashes aboard Turkish aid ship Mavi Marmara, which resulted in 9 dead, on May 31.
The families of the victims of the May 31 clashes aboard the Turkish Gaza-bound aid ship Mavi Marmara have petition the International Criminal Court in Hague to prosecute Israeli soldiers, the Guardian reported Friday.
Israeli navy commandos killed nine Turkish activists aboard the Mavi Marmara, one of several ships taking part in a Turkish-backed aid flotilla aiming to violate Israel's naval blockade of the Gaza Strip. Dozens of activists, as well as Israeli troops, were injured during the clashes.
Lawyers representing the Turkish activists wrote to the world criminal court that they have definitive evidence of Israeli crimes, as well as professional opinions composed by internationally acclaimed legal experts.
"The attack on the flotilla occurred in international waters, which directly violated many parts of international law as well as international public and criminal law," said Ramazan Ariturk, a partner at Elmadag Law Office, the Turkish legal body that is representing the Turkish victims and the human rights group IHH. "The crimes committed by the Israel Defense Forces must be prosecuted and the International Criminal Court is the sole authority which is able to do that."
The Turkish lawyers wrote that it was within the jurisdiction of the international court to prosecute those responsible for the flotilla incident, even though Israel and the Palestinian Authority do not recognize the court's authority.
The lawyers argue that the fact that Turkey was involved in the incident and that the Mavi Marmara sailed under a Comoro Islands flag grant the court the jurisdiction to investigate the incident, since those states are themselves signatories of the Rome Statute, which established the court.
The United Nations Commission on Human Rights adopted the conclusions arrived at by the committee that it appointed to investigate the events surrounding the flotilla. Thirty nations voted to accept the conclusions of the report, fifteen states abstained, and the United States opposed.
According to the UN report, Israel violated international law and the human rights of the activists on board the ship when they took over the Mavi Marmara.
The Human Rights Commission concluded that Israel's siege on Gaza is illegal because of the humanitarian crisis for Gaza residents and called the IDF attack on the flotilla "brutal and disproportionate."
http://bit.ly/aNZWlz
12 oct 2010
Lawyers from 20 countries discuss charges against Israel over flotilla massacre
BRUSSELS / LONDON, (PIC)-- The Freedom Flotilla alliance, meeting in Geneva on Monday, announced that dozens of lawyers from more than 20 countries will meet to discuss suits filed against Israel over its May 31 attack against the Gaza-bound flotilla that ended in the death of nine activists.
The alliance said in a statement it gave after the meeting: The Geneva Conventions, which are a set of laws agreed upon by the international community to protect human dignity and life, continue to be violated by Israel because of its total impunity.
The alliance said it will head out for The Hague on Oct. 14 and to lodge a complaint to the Attorney General of the International Criminal Court.
In less than two weeks, a large number of lawyers from more than 20 countries will meet to discuss the cases filed against Israel and the continued efforts to place charges against Israeli war criminals, the alliance said.
A number of our countries voted in favor of the UN Human Rights Council investigation that convicted Israel of using excessive force and violating international law, but the United States of America used its veto power to vote against the decision.
A source inside the European Campaign to End the Siege on Gaza said the campaign, in cooperation with other founding parties of the Freedom Flotilla, are working on all legal, political, and popular levels to hold Israel responsible for the assault.
In other developments, the Freedom Flotilla 2 coalition announced the decision to delay the flotilla's set date of departure for Gaza until the spring of 2011. The convoy was previously scheduled to head out by the end of 2010.
European Campaign member Rami Abdo said the delay was based on consultations that took place with the flotilla coalition after taking into account increasing requests for participation and the expansion of the coalition.
Despite threats received by the Freedom Flotilla coalition to stop it from setting sail, we will not retreat, and our preparations are continually increasing, he said.
http://bit.ly/9SQIhp
Lawyers for Turkish aid flotilla victoms appeal to ICC
Lawyers representing the Turkish victims of Israel's deadly storming of a Gaza-bound flotilla in May have called on the International Criminal Court to punish those responsible, the news agency Cihan reported Sunday. Skip related content
The agency quotes Ramazan Ariturk, one of the lawyers for the nine Turkish victims, as saying that a letter had been sent to the ICC prosecutor in The Hague, Luis Moreno-Ocampo, containing "damning evidence implicating the Israeli aggressors."
On May 31 Israeli commandos stormed a flotilla of six humanitarian ships on their way to Gaza. Nine Turkish activists were killed on the Turkish ship Mavi Marmara, sparking international condemnation.
The ICC is competent to investigate war crimes and crimes against humanity and genocide. It can charge an individual if crimes were committed on territory of a state which is a member of the court, or if the individual is a national of one of its member states.
Israel does not recognise the ICC.
"There is sufficient proof for proceedings to be taken against Israel. Many international jurists also think so," Ariturk told the agency.
He said the court had jurisdiction because the Mari Marmara was flying the flag of ICC-member the Comoros Islands.
Lawyers and relatives of the victims are planning to go to The Hague on Thursday to formally lodge a complaint with the ICC, the non-government Islamist organisation IHH, which co-sponsored the expedition to Gaza, said on its website.
The United Nations Human Rights Council last month agreed to back a report which found "clear evidence" for legal action against Israel over the attack on the flotilla.
The inquiry said Israel broke international humanitarian and human rights law, and found "clear evidence to support prosecutions" for crimes including "wilful killing; torture or inhuman treatment; wilfully causing great suffering or serious injury to body or health."
Israel had rejected the probe from the outset, but it is backing another separate inquiry set up by the UN Secretary General Ban Ki-moon on the incident, and is conducting its own inquiry.
http://yhoo.it/aR36zb
13 oct 2010
Turkish PM: Israel must apologize
Turkey's Prime Minister Recep Tayyip Erdogan
Turkish Prime Minister Recep Tayyip Erdogan reiterates that Israel must apologize for its raid on a Gaza-bound flotilla that left nine peace activists dead.
Erdogan noted that Tel Aviva should also pay compensation for killing the Turkish nationals on May 31.
"Unless Israel pays compensation and seeks an apology, peace cannot be restored in the Middle East and Israel will remain alone," Erdogan told a gathering in Multan, Pakistan on Wednesday, dpa reported.
The Gaza Freedom Flotilla was trying to deliver thousands of tons of humanitarian supplies to the 1.5 million impoverished people of Gaza, who have been under Israel's siege since 2007.
The assault has done a record damage to Israel-Turkey bilateral ties, already clouded over Tel Aviv's attacks on Gaza at the turn of 2009, which killed more than 1,400 Palestinians, mostly civilians.
The UN Human Rights Council has ordered the investigation of the Israeli attack, saying that there is clear evidence to back prosecution against Tel Aviv.
http://www.presstv.com/detail/146615.html
Arabs snub Turkel Committee hearing
Two Israeli Arabs slated to testify before panel probing flotilla raid fail to appear despite subpoena.
Muhammad Zidan and Hamad Abu Dabus, two Arab Israelis who were aboard the Marmara the lead vessel in May's aid sail to Gaza failed to appear before the Turkel Committee, tasked with probing the flotilla raid, despite being subpoenaed.
The two were slated to testify before the panel on Wednesday afternoon, in an open hearing, and have yet to provide a reason for their absence.
The Turkel Committee subpoenaed both men last week, saying it was "part of the review of the actions taken by the flotilla's organizers and participants." Seeing how they failed to appear, the committee said it will now "consider its next steps regarding the two."
Wednesday also saw Prison Commissioner Chief-Warden Benny Kaniak testify before the committee. Kaniak's testimony was also an open one and it included a review of the Israel Prison Service Nachson and Mezadah units' operations, and the events which took place in Israeli prisons in the days after the events.
Meanwhile, the Turkel Committee has also asked various human rights group to compile data as to the humanitarian state of civilians in the Gaza Strip.
The committee will hear from representatives of B'Tselem, Gisha and Physicians for Human Rights on the matter.
http://www.ynetnews.com/articles/0,7340,L-3969075,00.html 7 jul 2011, 00:56 , Respect -
Maria 14 oct 2010
Turks accuse Israel of war crimes at ICC
Complaint filed with International Criminal Court accuses Israel of war crimes including torture, inhuman treatment during IDF raid on Gaza-bound flotilla last May. ICC's jurisdiction unclear.
Turkish lawyers representing pro-Palestinian activists filed a complaint Thursday with the International Criminal Court accusing Israel of committing war crimes in May when its troops raided a boat trying to break Israel's blockade of Gaza.
It was unclear whether the prosecutor would agree to pursue the case or whether the court has jurisdiction. But the filing reignited an issue that has severely strained Israel's relations with Turkey, previously its strongest ally in the Muslim world, and keeps Israel on the defensive over its much-criticized Gaza blockade.
A delegation representing some 300 activists and a Turkish non-governmental organization submitted the complaint to the prosecutor's office in The Hague seeking an investigation into the May 31 raid.
Nine Turkish citizens, including 19-year-old Furkan Dogan who had dual US-Turkish nationality, were killed during the melee after Israeli troops rappelled from helicopters onto the deck of the ship Mavi Marmara before dawn.
"I have confidence the international court and the prosecutor will take this case," said Ahmet Dogan, Furkan's father.
Israel has said its troops fired live ammunition only after they were attacked by activists with clubs and metal bars and they felt their lives were in danger.
Attorney Ugur Sevgili said the victims want Israel investigated for torture, inhuman treatment, the taking of hostages and other violations of the Geneva war crimes convention.
"We demanded from the prosecutor to initiate an investigation and prosecute the perpetrators of this crime," Sevgili said. "We didn't mention any Israeli soldiers or any Israeli politicians. We just told them that we believe war crimes and crimes against humanity were committed."
The court, which began work in 2002 as the world's first permanent war crimes tribunal, receives hundreds of complaints every year, but so far has filed indictments against 17 war crimes suspects - all of them involved in African conflicts.
Dogan, speaking outside the court's headquarters, said he thought politics might get in the way of justice. "I believe that people who killed my son will be prosecuted. However, this case also has international and political dimensions," he said.
'Findings biased, one-sided'
A UN-appointed panel of human rights experts, chaired by a former judge of the international court, found last month that Israel violated human rights law during its interception of the flotilla carrying humanitarian supplies to Gaza, which has been under an Israeli blockade for three years.
Israel rejected the panel's findings, which it said were biased and one-sided, and said the UN Human Rights Council that appointed the panel is heavily weighted in the Palestinians' favor.
The court normally intercedes only if the country involved is among the 114 nations that have endorsed the court's founding treaty. Israeli is not a signatory, but the ship was flying the flag of the Comoros Island, which is a member of the court.
Sevgili said he expected the Comoros to support the victims' application to the court or file its own complaint.
The prosecutor also may initiate an investigation even if the accused country does not belong to the court - but only if he determines that the country is unable to launch its own credible investigation of human rights abuses.
Among the complaints submitted and presumably pending in the prosecutor's office is an application by the Palestinian Authority 18 months ago asking for a war crimes investigation into Israel's brief yet deadly 2008 war in Gaza.
http://www.ynetnews.com/articles/0,7340,L-3969639,00.html
Turks take Flotilla attack case to ICC
The families of the victims of Israel's maritime attack on a Gaza aid convoy in May are set to take the case to the International Criminal Court (ICC).
Reports say they will file a lawsuit at the court in The Hague against Israel on Thursday.
On May 31, Israeli navy commandos stormed the Turkish-organized Gaza Freedom Flotilla from dinghies and helicopters as the civilian fleet was in international waters.
The attack left nine Turkish activists, including a Turkish-American teenager, dead and more than 50 others wounded onboard the six-vessel Flotilla.
In the face of widespread condemnation of the bloody onslaught, Israel defended the move by its army forces, claiming their use of deadly force was an act of "self-defense."
But a report by a fact-finding committee mandated by the UN Commission on Human Rights (UNCHR) to probe the events surrounding the Flotilla attack charged Tel Aviv last month with violating international law and the human rights of the activists on board the convoy.
The UNCHR adopted the conclusions arrived at by the committee with 30 nations voting in favor and 15 states abstaining -- despite opposition from the United States, which became the only state to vote against the UN report.
The Human Rights Commission concluded that Israel's siege on Gaza is illegal because of the humanitarian crisis it causes for the impoverished population living in the enclave. It also condemned the Israeli attack on the Flotilla as "brutal and disproportionate."
The Gaza Freedom Flotilla was carrying 10,000 tons of aid supplies and 700 international activists to the blockaded Gaza Strip when it was attacked in the Mediterranean sea.
http://www.presstv.com/detail/146665.html
15 oct 2010
Panel to question Ashkenazi again
Commission also summoned again two Israeli Arabs who failed to show up first time; B'Tselem protests treatment at hands of Turkel Commission.
The government-appointed Turkel Commission investigating the flotilla seizure of May 31 called back Chief of General Staff Lt.-Gen. Gabi Ashkenazi on Thursday to testify for a second time.
The testimony has been set for October 24. Ashkenazi testified once before, on August 11.
Commission coordinator Hoshea Gottlieb told Ashkenazi that the members of the panel wanted to ask him more questions after having examined the investigations of the military operation conducted by Maj.-Gen. (res.) Giora Eiland, and after having received additional information from a General Staff team placed at its disposal.
In a related matter, the commission scheduled a new date for two Israeli Arabs who had been due to testify on Wednesday but failed to show up without explaining why.
Letters were sent to Sheikh Hamad Abu Dabus from Rahat, a Beduin city in the Negev, and Muhammad Zidan from Kafr Manda, in the Western Galilee, summoning them to a hearing on October 25. They were reminded that if they failed to show up, the commission could order police to bring them.
Meanwhile, Jessica Montell, director-general of B'Tselem The Israeli Information Center for Human Rights in the Occupied Territories, wrote to the head of the Turkel Commission, retired Supreme Court justice Yaakov Turkel, charging that comments made by members of the panel during a hearing on Wednesday indicated that they had made up their minds about the humanitarian situation in the Gaza Strip before she and other human rights activists testified before it.
The other organizations that appeared were Physicians for Human Rights Israel, and Gisha The Legal Center for Freedom of Movement.
Montell gave two examples of comments with which she took issue:
Turkel's remark that the inhabitants of the Gaza Strip brought [their hardships] on themselves, and Maj.-Gen. (ret.) Amos Horev's statement that there is no humanitarian crisis in Gaza.
Furthermore, wrote Montell, in the official occasion of providing testimony to the commission, it was inappropriate [for members of the panel] to make other provocative comments like those that accused B'Tselem of lacking intellectual honesty and basic fairness, disseminating stories without first examining them, and more.
Toward the beginning of Wednesday's hearing, Turkel told Montell he doubted the reliability of the information provided by B'Tselem and asked her on what sources the information was based.
Later, Horev told Gisha's attorney Tamar Feldman, You are living in a bubble.
A third member of the four-man panel, former Foreign Ministry director-general Reuven Merhav, demanded to know why the human rights organizations blamed Israel for the situation in the Gaza Strip.
In her letter, Montell replied, B'selem is well aware that there are other players aside from the government of Israel that are responsible and influence the situation in the Gaza Strip, including Hamas, the Palestinian Authority, Egypt, the Arab League, the European Union, the Quartet, the UN and its agencies and others. But since B'Tselem is an Israeli organization which was asked to testify before the commission investigating the government's action and its consequences [regarding the seizure of the flotilla on May 31], we focused in our testimony on the obligations of the Israeli government and the results of its policy.
http://www.jpost.com/Israel/Article.aspx?id=191468
16 oct 2010
Turkey slams Israeli 'state terrorism'
PM Erdogan calls on Israeli government to apologize for flotilla raid, compensate victims.
Turkey's prime minister has again accused Israel of "state terrorism" and called on the Jewish state to apologize and compensate victims of a raid on a Gaza-bound aid flotilla.
Recep Tayyip Erdogan said: "the Israeli government must apologize and compensate (victims) for the state terrorism in the Mediterranean."
He was addressing members of his Islamic-oriented party at a weekend retreat Saturday.
Eight Turks and one person with American and Turkish nationality were killed in the May 31 raid on a ship carrying pro-Palestinian activists trying to breach Israel's naval blockade of Gaza.
Peres refuses to apologize
Relations between the two former allies have been deteriorating since Israel's Gaza war and hit a low point after the raid.
Last month, Turkish President Abdullah Gul refused to meet with President Shimon Peres in New York. The Turkish leader said that "we will not forgive Israel for those killed in the Israeli attack on the aid flotilla, even if Israel apologizes." His remarks were quoted by Turkey's official Anatolia news agency.
According to Israeli sources, the meeting was thwarted due Peres' refusal to apologize for the deadly Navy raid. The sources said the Turks demanded the apology as a condition for holding meeting.
http://www.ynetnews.com/articles/0,7340,L-3970064,00.html
(1:05) DN! Turkey Demands Israel be Probed by ICC for Attack on Gaza Flotilla
17 oct 2010
Israeli inquiry issues call for flotilla witnesses
JERUSALEM, Oct 17 (Reuters) - An Israeli commission investigating the storming of a Gaza-bound ship in which nine pro-Palestinian Turkish activists were killed issued an open invitation on Sunday for passengers and crew to testify.
A spokesman for the Turkel Commission said it had sent a letter to the Turkish embassy requesting help in building a list of prospective witnesses to the May 31 incident, which plunged ties between the former allies to an all-time low.
"We are aware that there are issues which arise regarding arranging such testimony, and would be happy to work with the embassy and with the Turkish authorities ... to overcome any such obstacles," the spokesman quoted the letter as saying.
The panel appeared to be alluding to Israel's past vows to prosecute some of the hundreds of activists aboard the Mavi Marmara for their attempt to run the blockade of the Gaza Strip, an enclave ruled by Hamas Islamists, and their resistance to the boarding by Israeli naval marines.
Ankara has frowned upon what it sees as the Turkel Commission's limited mandate. The commission's findings, along with the results of an internal Israeli military inquiry, will be submitted to a separate investigation under U.N. Secretary-General Ban ki-Moon.
There was no immediate comment on the letter from the Turkish embassy, which the Turkel Commission previously asked to help locate the Mavi Marmara captain so he could be invited to testify. Nothing came of that effort, the panel spokesman said.
http://www.jmcc.org/news.aspx?id=1797 7 jul 2011, 01:00 , Respect -
Maria 18 oct 2010
"Why Is the US Government Deaf to What Has Been Done to My Son?"
Through his lawyers in Turkey, Ahmet Dogan, the father of Furkan Dogan, the 19-year-old American citizen who was executed by Israeli commandos, has challenged the U.S. government's lack of concern regarding his son's killing during the May 31, 2010 attack on the Mavi Marmara. Commandos shot Furkan Dogan twice in the head and three times in other parts of his body.
"Up to this moment, I still do not understand why the United States government is deaf to what has been done to my son, an American citizen. I urge the U.S. government to act to defend the rights of my son. I also would like to know why the U.S. voted against the Gaza Flotilla Report of the UN Fact Finding Mission at the Human Rights Council last week, as that report included information about the execution of my son," said Dogan.
The United States has not conducted its own investigation into Furkan Dogan's death, but instead is relying on Israel to conduct "a thorough investigation" into his death and to "share its findings" with the U.S.
A report released last week by the International Bureau of Humanitarian NGOs (IBH) and the Friends of Charities Association (FOCA) found that several of the videos the Israeli Foreign Ministry and the Israeli Defense Force released to support their version of events were digitally enhanced, computer-manufactured or fraudulent. The report provides screen shots of examples of the computer-generated segments within videos released by the Israeli government, several of which, although already exposed as false, were integrated into the Israeli military report.
The IBH-FOCA report - based on publicly available accounts from flotilla organizers and participants, ships' logs, photos and video released by the Israeli government, news reports from around the world, the report of the Foundation for Human Rights and Freedoms and Humanitarian Relief (IHH), and the United Nations Human Rights fact-finding mission report panned by the U.S. ñ provides a minute-by-minute timeline of the Israeli military attack on the Gaza Flotilla.
The United States' willingness to accept Israel's accounts of the incident despite mounting contradicting evidence reflects a pattern of denial already evident in its status as the only country to vote against acceptance of the U.N. report.
Mark Kornblau, a spokesman for the US mission to the United Nations, said the report's "language, tone and conclusions are unbalanced."
Israeli Prime Minister Binyamin Netanyahu's office called it "biased" and "distorted." In a radio interview, Israel's deputy foreign minister Danny Ayalon said the report was "a big lie."
According to the Washington Post, another senior US official said the Human Rights Council had rushed the establishment of the reportís panel and had "not made adequate efforts to get Israeli cooperation in the investigation," although the report itself details the numerous attempts by the fact-finding mission to gain cooperation from the Israeli government.
Affected parties continue to organize to resist the U.S. and Israelís tactics. On October 6, Ahmet Dogan joined the U.S. passengers on the Gaza Flotilla in their letter to Secretary of State Hillary Clinton. The letter stated that they "are appalled at the lack of any visible, active effort on the part of any agency in our government to conduct and release an independent investigation of the killing of one and assaults on other Americans by a foreign military force, the Israeli commandos."
The U.S. passengers also challenged the Obama administration's protection of criminal actions by Israel at the expense of American citizens. "Protecting Israeli actions, particularly the complete reliance on its reports on the acts of its own military at the expense of American citizens, is an absolute dereliction of the responsibilities of our government. The State Department has allied itself with Israel, ignoring its responsibilities to its own citizens. We have been abandoned by our own government, and we demand an investigation of why and how the Department of State and the American Embassy in Tel Aviv have totally failed in their responsibilities to us," they wrote.
Four months after the attack, passengers' video and photo evidence of the attacks on the Mavi Marmara and the five other ships of the flotilla are still in the hands of the Israeli government. "We are also angered by lack of any concerted effort by the State Department to secure our possessions," the passengers wrote. "We appreciate the efforts of junior and mid-level officials, but without the full weight of the senior leadership of the State Department, the Israeli government will continue to ignore our concerns."
While investigations continue concerning the Israeli attacks on the Mavi Marmara and on the Jewish German boat Irene on September 26, 2010, citizen activists from around the world are fundraising to challenge the Israeli blockade of Gaza with another flotilla that may comprise as many as 10-12 ships.
http://bit.ly/dw41u8
IDF soldier jailed for stealing items from Gaza flotilla ship
Under plea deal, soldier who removed electronic items from Mavi Marmara sentenced to 5 months in military jail, fined NIS 700 and demoted.
Israel's military court sentenced an Israel Defense Forces soldier to five months in military jail for stealing equipment from the Turkish aid ship Mavi Marmara, aboard which nine activists were killed on May 31 during a skirmish with Israeli commandos.
The Mavi Marmara was one of several aid ships involved in a flotilla aiming to violate Israel's naval blockade on the Gaza Strip and deliver supplies to the impoverished Palestinian territory. The ships were diverted by Israeli forces, with a violent and deadly clash erupting aboard the Mavi Marmara.
The cadet, in training to be an officer, was sentenced within the framework of a plea bargain under the terms of which he confessed to having taken electronic equipment.
In addition to the jail term, the soldier was fined NIS 700, demoted to the rank of private and removed from the officer training course.
Following the sentencing, the soldier expressed remorse and explained that he had made a mistake.
According to the plea bargain, the officer took the items from the ship while it was docked at the Ashdod port in September.
http://bit.ly/bISnj1