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Human Rights Council
Fifteenth session
Agenda item 7
Human Rights situation in Palestine and other Occupied Arab territories

Report of the international fact-finding mission to investigate violations of international law, including international humanitarian and human rights law, resulting from the Israeli attacks on the flotilla of ships carrying humanitarian assistance

I. Introduction

B. Methodology

18. Following its official establishment, the Mission redrafted its Terms of Reference so as to reflect its approach to the mandate given. The Mission then established its working methodology, including the criteria to select witnesses that participated in the flotilla.

19. Different sources of information were made available to the Mission, including the evidence of eye witnesses, forensic reports and interviews with medical and forensic personnel in Turkey, as well as written statements, video film footage and other photographic material relating to the incident.

20. In ascertaining the facts surrounding the Israeli interception of the Gaza-bound flotilla, the Mission gave particular weight to the direct evidence received from interviews with eye witnesses and crew, as well as the forensic evidence and interviews with government officials. In light of seizure of cameras, CCTV footage and digital media storage devices and of the suppression of that material with the disclosure only of a selected and minute quantity of it, the Mission was obliged to treat with extreme caution the versions released by the Israeli authorities where those versions did not coincide with the evidence of eyewitnesses who appeared before us.

21. Taking into consideration the resources and limited time available, the Mission travelled to Istanbul, Ankara and Iskenderun in Turkey, Amman in Jordan and London in the United Kingdom in order to interview witnesses, hold meetings with government officials and to conduct an inspection of the ship Mavi Marmara, in which nine passengers died on 31 May 2010. The Mission was able to contact several persons with information bearing on the matters under enquiry. A total of one hundred and twelve witnesses⁶ were interviewed by the Mission either by all of its members at the same time or by individual members. In addition written statements were received from several persons through their attorneys.

22. The Mission wishes to record its appreciation for the assistance given by various firms of attorneys for facilitating the appearance before it of persons involved in the incident⁷ and represented by them. Meetings were also held with different nongovernmental organizations in Geneva, Istanbul and Amman.

23. The Mission is of the opinion that evidence of a sufficient number and range of witnesses was taken to afford it a comprehensive picture of the events as they occurred on the 31 May 2010. In addition to the information received live from persons attending on it, the Mission took into consideration information from a variety of sources subject to verification of authenticity.

24. In assessing the evidence and information available to it, the Mission paid particular attention to the content of the evidence and demeanour of the persons appearing before it in deciding whether and if so what part of the information provided should be accepted. More weight of necessity was accorded to such evidence if believed than to information from other sources. In addition, with respect to information in the nature of hearsay evidence, due regard was paid, giving to it such weight as the circumstances merited. Matters were decided on the basis of the preponderance and quality of the evidence so as to satisfy all the members of the Mission in order that they felt sure of their conclusions.

25. In the preparation of the report, the Mission first of all reviewed the factual contextual background of the incident and came to its conclusions on the facts which are set out in this report. The Mission expressed its opinion on the relevant principles of international law, including international humanitarian and human rights law on the basis of the facts it found. A segmented approach is taken to the analysis.

⁶ Witnesses were interviewed at the following locations: London; Geneva; Istanbul; Amman. The Mission is grateful to the International Maritime Organization for its assistance in providing a venue for the interviews in London.
⁷ Law firms in London, Istanbul, and Athens assisted the Mission.