17/47 Report of the United Nations High Commissioner for Human Rights on the status of implementation of the conclusions contained in the report of the independent international factfinding mission on the incident of the humanitarian flotilla (A/HRC/15/21)

GE.11-13387

Human Rights Council Seventeenth session Agenda item 2 Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General

Report of the United Nations High Commissioner for Human Rights on the status of implementation of the conclusions contained in the report of the independent international fact- finding mission on the incident of the humanitarian flotilla (A/HRC/15/21)*

Summary The present report provides information on the status of the implementation of Human Rights Council resolution 16/20, paragraph 3, in which the Council called upon concerned parties to ensure the implementation of the conclusions contained in the report of the independent international fact-finding mission on the incident of the humanitarian flotilla (A/HRC/15/21).

* Late submission.

1. The present report is submitted pursuant to Human Rights Council resolution 16/20, paragraph 3, in which the Council called upon concerned parties to ensure the immediate implementation of the conclusions contained in the report of the independent international fact-finding mission on the incident of the humanitarian flotilla (A/HRC/15/21). In paragraph 5 of resolution 16/20, the Council also requested the United Nations High Commissioner for Human Rights to submit a report to the Council at its seventeenth session regarding the status of implementation of the conclusions of the fact-finding mission.

2. Pursuant to the request of the Human Rights Council, on 12 April 2011 the Office of the High Commissioner addressed notes verbales to the Permanent Missions of Israel and to Turkey, as well as to the Permanent Observer Mission of Palestine, in which it requested information about any steps that their respective Governments had taken, envisaged taking, or were otherwise aware of concerning the implementation of the conclusions contained in the report of the fact-finding mission.

3. In response to the note verbale, the Government of Turkey submitted a note on the follow-up to the report of the fact-finding mission. In its submission, Turkey reiterated the conclusions of the mission and recalled that the Human Rights Council had endorsed them. The Government of Turkey also recalled that all of the conclusions concerned actions by Israel.

4. The Government of Turkey noted that it had cooperated fully with the fact-finding mission, and that it had contributed to the work of the panel of inquiry established by the Secretary-General. In this regard, Turkey recalled that the work of the mission pertained to the human rights aspects of the flotilla incident, and therefore addressed legal issues, whereas the work of the panel of inquiry pertained to political aspects, and therefore addressed issues other than those being addressed by the fact-finding mission.

5. In its submission, the Government of Turkey welcomed the encouragement given by the Human Rights Council to the panel of inquiry to complete its work. In this connection, Turkey had submitted its final report to the panel of inquiry, provided additional information to further clarify the final report, and appeared before the panel to present its position and to respond to questions from panel members.

6. Lastly, the Government of Turkey stressed the need for all aspects of the incident to be fully disclosed and for Israel to take a positive role in realizing full disclosure. Turkey also expressed its regret at the fact that Israel had neither apologized nor compensated victims or their families, and was disappointed by its continued non-cooperation with the Human Rights Council.

7. At the time of the preparation of the present document, no information had been received from the Permanent Mission of Israel or the Permanent Observer Mission of Palestine.