B’Tselem welcomes Turkel Commission recommendations, test will be in implementation

[Jefferson23]

Published:
6 Feb 2013

Israeli human rights organization B’Tselem welcomes the recommendations of the Turkel Commission concerning investigations of violations of the laws of armed conflict and calls for full and prompt implementation. Implementation of the commission’s recommendations will lead to a substantive change in the Israeli military’s investigatory apparatus.

In its recommendations, the commission adopted several fundamental principles presented to it by representatives of B’Tselem, other human rights organizations and senior jurists. The commission accepted B’Tselem’s position that an operational inquiry is not suitable as a basis for deciding whether or not the Military Police Investigation Unit should investigate an incident, and also that an obligatory time frame must be fixed in order to prevent the procrastination and delay prevailing among military law enforcement authorities. Likewise, the commission determined that in the West Bank, an investigation should be begun immediately not only in cases of civilian fatalities, but in cases of also in cases of serious injuries to civilians.

B’Tselem further welcomes several other important recommendations in the Turkel Commission Report. First and foremost is the commission’s declaration that the duty to investigate alleged violations of the laws of war is applicable even during combat situations. Particularly noteworthy is the commission’s recommendation to establish a civilian body in the Ministry of Justice to oversee the legal advice of the Military Advocate General Corps. Equally welcome is the recommendation that personal criminal responsibility be applied to commanders and to government officials for the actions and offense of their subordinates and for cover-ups.

Also important are the recommendations that all interrogations – including of Palestinians– by the Israel Security Agency (known by its Hebrew acronym, Shabak) be filmed, and that the tasks of the Comptroller of Interrogee Complaints be transferred to the Department for the Investigation of Police. The commission also stated that Palestinian victims must benefit from all provisions accorded to victims in Israeli law.

in full: http://www.btselem.org/press_releases/20130206_turkel_commission_conclusion

[oberliner]

1. Some questioned whether Israel could conduct a fair investigation into its own conduct

Hopefully this report has put that question to rest.

[Jefferson23]

2. I believe they're stating the test will be in the implementation.

We'll see.