INTERNATIONAL CRIMINAL COURT - (ICC)
AUTHORITY TO ACT
Dear passengers of the Gaza Freedom Flotilla,
As you know, after Israel’s brutal and unlawful attack to the ships in Gaza Freedom Flotilla in particular to Mavi Marmara dated 31 May 2010; We’ve started legal struggle in the presence of;
- International Criminal Court (ICC)
- Turkey Judicial System, and
- The country that each passenger is in.
Lawyers of the Israel attack’s victims, try to register Israel’s injustice in every kind of platforms possibly and struggle to defend your rights as always and still going on.
In the Presence of Turkish Jurisdictions:
Firstly, Istanbul Public Prosecution Office started a prosecution regarding to the unlawful attacks and prepared an accusation dated 29.05.2012 and the case was opened at the Istanbul 7. Criminal Court. Within the scope of this case numbered 2012/264, Office of the Chief Public Prosecutor asked for thousand of years imprisonment for 4 senior commander of Israel Army on the grounds that they gave the attack command and therefore they instigated the crimes occured on the vessels. Istanbul 7. Criminal Court issued an arrest warrant and red notice for these four (4) commanders and related documents were sent to Turkish Ministry of Justice so as to send the INTERPOL to perform the related desicion. We would like you to know that lawyers of this case continue the related steps and follow the procedures in order to send the related documents to the INTERPOL and use all legal rights agains the people who are responsible and causes delays.
In the presence of International Criminal Court (ICC):
Based on the power of attorney given to Elmadag Law Firm by the Comoros Islands that the flag of the vessel Mavi Marmara was belong to itself, we made an application to the International Criminal Court on the date of 14 May 2013. After the 1.5 year prosecutions, Prosecution Office decided that the application shall be investigated on the date of 08 November 2014 and lots of claims are accurate.
These are our claims accepted by ICC;
1) The state of Israel claimed that Mavi Marmara is not a civil vessel but the court decided that Mavi Marmara is a civil vessel.
2) Besides that, Israel alleged that there was gun in the vessel. However, the court decided that there was no gun in the vessel.
3) Likewise, Israel allged that passengers and other non govermantal organizations support the flotilla are in a relationship with armed components in Palestine but the Court decided that the passengers and NGO’s are unarmed and civil humanitarian assistance volunteers.
4) The Prosecutor of International Criminal Court accepted that Israel committed war crime on the Mavi Marmara and other vessels.
In spite of all this acceptances ICC Chief Prosecutor agreed that “Committed a war crime when attacked to the flotilla” however reject our demand with the idea of “crime’s gravity is not sufficent”
Rejecting of Comor State’s, that the member of ICC, application in this way was first in the history of ICC. Because of all legal steps that taken after this stage will be an initials for ICC, our lawyers’ every step will be a historical important to resettle the ICC’s procedural law.
As a lawyers, we objected to this rejection award. Our objection is examineed by the Bureau of Pre-Inspection that consist of 3 Judge Tribunal. Within this stage Lawyers have prepared most of victim’s folders and sent it to the Bureau of pre-inspection.
As of Last week, the Bureau of Pre-Inspection has sent an e-mail to the Lawyers and with the reason of “prosecutor examined the proofs deficiently and made insufficient examination with the base of not listen the victims” and made a decision to listen all victims.
ICC will take an action through the victim’s lawyers not calling all victims to the Netherland personally.
In this stage, ICC has appointed an Italian Lawyer for the victims who have not represented by any lawyer. The victims who do not present “Authority to Act” to us, even if they do not want to appear in Court, will presented by appointed Italian Lawyer.
Because of represention in the Bureau of pre – inspection needs special authorisation, I’ve sent an extra documents as attached, namely AUTHORITY TO ACT, to your side.
We kindly request from the people who do not want to represented by Italian Lawyer and want to represented by the lawyers of Gaza Freedom Flotilla to sign attached document and sent it to the address of “IWTC (Istanbul Word Trade Center) A1 Block No: 66 Yesilkoy - ISTANBUL / TURKEY” via Cargo.
(NOTE: Cargo fees will be paid by us)
Because of time limitation, we kindly request from you to sent attached document that authority to act with original signed copy to the stated address via Cargo.
May Allah protect you!
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For more informations please click the link, http://www.elmadaghukuk.com/en/news/57/international-criminal-court-icc.html