UN Report: American Citizen Executed By Israelis During Mavi Marmara Raid
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On June 13, two weeks after the Mavi Marmara attack, White House Press Secretary Robert Gibbs issued a statement saying that Israel "should be allowed to undertake an investigation into events that involve its national security" and that Israel's military justice system "meets international standards and is capable of conducting a serious and credible investigation."
Another passenger whom forensic evidence shows was killed execution-style, according to the OHCHR report, is Ibrahim Bilgen, a 60-year-old Turkish citizen. Bilgen is believed by forensics experts to have been shot initially from the helicopter above the Mavi Marmara and then shot in the side of the head while lying seriously wounded.
The fact-finding mission was given forensic evidence that, after the initial shot in chest from above, Bilgen was shot in the head with a "soft baton round at such close proximity that an entire bean bag and its wadding penetrated the skull and lodged in the chest from above," the mission concluded.
"Soft baton rounds" are supposed to be fired for nonlethal purposes at a distance and aimed only at the stomach, but are lethal when fired at the head, especially from close range.
The forensic evidence cited by the fact-finding mission on the killing of Dogan and five other passengers came from both the autopsy reports and pathology reports done by forensic personnel in Turkey and from interviews with those who wrote the reports. Experts in forensic pathology and firearms assisted the mission in interpreting that forensic evidence.
The account, provided by the OHCHR of the events on board the Mavi Marmara on its way to help break the economic siege of Gaza May 31 of this year, refutes the version of events aggressively pushed by the Israeli military and supports the testimony of passengers on board.
The report suggests that, from the beginning, Israeli policy viewed the Gaza flotilla as an opportunity to use lethal force against pro-Hamas activists. It quotes testimony by Israeli Defense Minister Ehud Barak before the Israeli government's Turkel Committee that specific orders were given by the Israeli government "to continue intelligence tracking of the flotilla organizers with an emphasis on the possibility that amongst the passengers in the flotilla there were terror elements who would attempt to harm Israeli forces."
The idea that the passenger list would be seeded with terrorists determined to attack Israeli defense forces appears to have been a ploy to justify treating the operation as likely to require the use of military force against the passengers.
When details of the Israeli plan to forcibly take over the ships in the flotilla were published in the Israeli press on May 30, the passengers on board the Mavi Marmara realized that the Israelis might use deadly force against them. Some leaders of the IHH (the Foundation for Human Rights and Freedoms and Humanitarian Aid), which had purchased the ships for the mission, were advocating defending the boat against the Israeli boarding attempt, whereas other passengers advocated nonviolence only.
That led to efforts to create improvised weapons from railings and other equipment on the Mavi Marmara. However, the commission concluded that there was no evidence of any firearms having being taken aboard the ship, as charged by Israel.
The report notes that the Israeli military never communicated a request by radio to inspect the cargo on board any of the ships, apparently contradicting the official justification given by the Israeli government for the military attack on the Mavi Marmara and other ships of preventing any military contraband from reaching Gaza.
According to the OHCHR report, Israeli Chief of General Staff Gabi Ashkenazi testified to the Turkel Committee August 11 that the initial rules of engagement for the operation prohibited live fire except in life-threatening situations, but that that they were later modified to target protesters "deemed to be violent" in response to the resistance by passengers.