The Israeli military spokesman claimed that soldiers opened fire at Abu Shilabaya as they realized that he "was posing a threat to their lives." He stated that Abu Shilabaya who is "wanted" continued to walk towards the soldiers while putting his hands behind his back although the soldiers asked him to stop. According to the military spokesman's claims, the soldiers were afraid and opened fire accordingly.
After checking the body of Abu Shilabaya, it was found out that he did not have any weapons. Investigations conducted by the Palestinian Centre for Human Rights (PCHR) revealed that the crime was committed in a bedroom with a single door. Blood was just in front of the bed, only approximately one meter far from the door. Such findings refute the Israeli military spokesman's claims.
According to investigations conducted by PCHR and statements given by eyewitness, at approximately 02:00 on Friday, 17 September 2010, backed by approximately 25 military vehicles, IOF moved into Nour Shams refugee camp, east of Tulkarm. Many Israeli soldiers surrounded a house belonging to the family of Mohammed Asa'ad Ahmed Abu Shilabaya, 40, and then blew up the entrance of the house. They raided the house while the residents were sleeping. When Mohammed Abu Shilabaya got up, one of the soldiers questioned him about his relatives who live in Nour Shams refugee camp. The soldiers then ordered him to lead them to his uncle's house. On their way, they asked him about the house of his brother Eyad. He pointed to Eyad's house and the soldiers walked towards the house. The soldiers noticed that the house is composed of two floors, so they asked Mohammed where Eyad was living and asked him to describe the internal structure of the house. Mohammed then saw them brining a device and installing it near the door. They then connected it to the lock. They ordered him to turn his face to the opposite wall. He heard an explosion and he heard the soldiers mounting the stairs of his brother's house. He heard Eyad crying: "Who … Who is there?" He then heard three bullets being fired. Approximately five minutes later, the soldiers took Mohammed inside Eyad's house and forced him to stay in a corner in a salon in the western part of the house, less than five meters far from his brother's bedroom. They asked him to turn his face to the wall. Shortly later, Mohammed called his brother loudly as he was anxious about him. One of the soldiers put his hand on Mohammed's mouth to silence him. Mohammed remained in the salon for approximately 20 minutes, while the soldiers where in his brother's room. Mohammed could hear the soldiers going down the stairs. One of them asked him not to move until they order him to do. He then heard the neighbors talking. He asked them about the soldiers and they told him that they had left. Mohammed walked towards his brother's bedroom to know what happened. Some of the neighbors followed him. In the bedroom, he saw blood on the ground, on the bed and on the wall. He also saw three used bullets. His brother was not there and no body knew where he was.
Later, it was found out that IOF transferred Eyad's body to the Israeli Military Liaison Office, west of Tulkarm. At approximately 06:00 on Friday, they delivered the body to an ambulance of Palestinian Red Crescent Society. The body was then taken to Dr. Thabet Thabet Public Hospital in Tulkarm. Medical sources at the Hospital reported that Eyad was hit by three bullets; one in the neck and two ones in the chest.
PCHR reiterates its condemnation for this crime and expresses grave concern and:
- Asserts this crime is part of a series of continuous crimes committed by IOF in the Occupied Palestinian Territory (OPT) with total disregard for the lives of Palestinian civilians.
- Reiterates condemnation for extra-judicial executions committed by IOF against Palestinian activists, and believes that they serve to increase tension in the region and threaten the lives of Palestinian civilians.
- Calls upon the international community to immediately intervene to stop such crimes, and calls upon the High Contracting Parties to the Geneva Convention Relative to the Protection of Civilian Persons in Time of War to fulfill their obligation under article 1 of the Convention to ensure respect for the Convention in all circumstances, and their obligation under article 146 to search for and prosecute those who are responsible for perpetrating grave breaches of the Convention. Such breaches constitute war crimes according to article 147 of the Convention and the Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protection of Victims of International Armed Conflicts (Protocol I).
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