A civilian NGO named Israel Law Center (ILC) located in the Occupied Territories, sent a document to the International Criminal Court, in which the Mavi Marmara case was filed, claiming to be the full text of the agreement signed on June 28, 2016, between the zionist Israel and Turkey.
In the document submitted by the ILC to the International Criminal Court (UCM) as the official agreement text, it was suggested that there were some secret items not disclosed to the public.
These secret articles were explained as follows:
1-The Government of Turkey will exert efforts to expedite the conclusion of all pending national legal proceedings in Turkey relating to the flotilla incident, within the confines of the constitutional separation of powers. In any case, upon entry into force of the Procedural Agreement on Compensation, all pending national legal proceedings in Turkey relating to the flotilla incident will be predestined to be concluded by the national competent courts.
2-It is agreed by Israel and Turkey that after the Procedural Agreement on Compensation enters into force each country shall have the exclusive jurisdiction to investigate, and where appropriate to prosecute, allegations of criminal activity by its nationals or citizens relating to the incident.
3- Turkey and Israel declare that they do not allow any terrorist or military activities against each other on or from their respective territories or provide support for such activities abroad. To that end, Turkey and Israel undertake to take any and all measures necessary to ensure that such activities will not be initiated, planned, carried out, directed or financed from their respective territories by any organization or body towards each other.
Security concerns of Zionists are prioritized
4- Israel welcomes any cooperation with Turkey on projects for the benefit of the population in the Gaza Strip, and to that end, they agreed on the following;
-Turkish export of civilian goods through the land crossings in Israel to the Gaza Strip, subject to procedures and protocols in place, including coordination with the local representatives of the Palestinian General Authority of Civil Affairs and subject to security considerations. Turkish export of construction material will enter the Gaza Strip in accordance with the provisions of the Gaza Reconstruction Mechanism (GRM).
-Turkey will be able to transfer money to the Gaza Strip through the banks that are approved by Israel and the Palestinian Authority to operate in the Gaza Strip, subject to Israel's security considerations.
-Israel welcomes the willingness of Turkey to construct a desalination plant in the Gaza Strip. Turkiye expressed its intention to construct a power plant in the Gaza Strip, independently or in cooperation with other interested countries, subject to prior approval by Israel and security considerations.
-It is understood that all of the above-mentioned understandings relating to the Gaza Strip will be implemented as long as calm prevails in the region.
5- Israel and Turkey have agreed that the March 22, 2013 understanding, the Procedural Agreement on Compensation and the arrangement reflected in this note will be considered as covering and terminating all outstanding issues relating to the events surrounding the flotilla incident, its outcomes and consequences.
Neither Turkey nor the terrorist regime have yet made any statement on the accuracy of this text and additional articles.
Gülden Sönmez: The secret items are unacceptable; the government should not be silent
Gülden Sönmez, a lawyer from the Mavi Marmara case, said non-refuted articles are not acceptable in terms of content and procedures. Listing 20 items through her twitter account, Sönmez said as follows:
1. It has become necessary to provide some technical information based on many questions and comments about the secret items of the Mavi Marmara agreement signed between Turkey and Israel. As follows:
2. A civilian named Israel Law Center (ILC) based in Tel Aviv, sent a document to the International Criminal Court, in which the Mavi Marmara case was filed, claiming to be the full text of the agreement signed on June 28, 2016, between Israel and Turkey.
3. The text contains additional articles neither israel nor Turkey previously made public. In the document presented to the International Criminal Court (ICC) as the official text of the ILC, there are 6 articles, as well as the following 5 articles, which are publicly disclosed.
4. Classified Article 1: The Government of Turkey will exert efforts to expedite the conclusion of all pending national legal proceedings in Turkey relating to the flotilla incident, within the confines of the constitutional separation of powers. In any case, upon entry into force of the Procedural Agreement on Compensation, all pending national legal proceedings in Turkey relating to the flotilla incident will be predestined to be concluded by the national competent courts.
5. Classified Article 2: It is agreed by Israel and Turkey that after the Procedural Agreement on Compensation enters into force each country shall have the exclusive jurisdiction to investigate, and where appropriate to prosecute, allegations of criminal activity by its nationals or citizens relating to the incident.
6. Classified Article 3: Turkey and Israel declare that they do not allow any terrorist or military activities against each other on or from their respective territories or provide support for such activities abroad. To that end, Turkey and İsrael undertake to take any and all measures necessary to ensure that such activities will not be initiated, planned, carried out, directed or financed from their respective territories by any organization or body towards each other.
The condition of "providing calm" from the zionists
7. Classified Article 4: Israel welcomes any cooperation with Turkey on projects for the benefit of the population in the Gaza Strip, and to that end, they agreed on the following;
-Turkish export of civilian goods through the land crossings in Israel to the Gaza Strip, subject to procedures and protocols in place, including coordination with the local representatives of the Palestinian General Authority of Civil Affairs and subject to security considerations. Turkish export of construction material will enter the Gaza Strip in accordance with the provisions of the Gaza Reconstruction Mechanism (GRM).
-Turkey will be able to transfer money to the Gaza Strip through the banks that are approved by Israel and the Palestinian Authority to operate in the Gaza Strip, subject to Israel's security considerations.
-Israel welcomes the willingness of Turkey to construct a desalination plant in the Gaza Strip. Turkey expressed its intention to construct a power plant in the Gaza Strip, independently or in cooperation with other interested countries, subject to prior approval by Israel and security considerations.
-It is understood that all of the above-mentioned understandings relating to the Gaza Strip will be implemented as long as calm prevails in the region.
8. Classified Article 5: Israel and Turkey have agreed that the March 22, 2013 understanding, the Procedural Agreement on Compensation and the arrangement reflected in this note will be considered as covering and terminating all outstanding issues relating to the events surrounding the flotilla incident, its outcomes and consequences.
Authorities have chosen not to answer questions and not to comment
9. Turkish and israeli foreign ministry officials have chosen not to answer and comment questions to confirm the authenticity of this text and additional articles, BBC Turkish has reported for two days.
10. According to the BBC Turkish, a AKP deputy in the Foreign Affairs Commission of the period, reached by the BBC, was informed about the request for talks on the subject but did not return to the demands until the date of the news was written.
11. As a result of the agreement brought to the [Turkish] Parliament, on 22 March 2013, Netanyahu and Erdoğan were reconciled with compensation and humanitarian aid to Gaza in a telephone conversation. Accordingly, the result was as follows:
12. "Netanyahu also declared that the restrictions on the entry of the goods for the civilian population to Gaza have been lifted and that they are ready to work together to improve the humanitarian situation in the Palestinian Territories."
13. But the news on the Israeli side's official website did not take place in this way. Although we do not know what was being discussed in the background on 22 March 2013, there is a fact that the official publications of both sides were contradictory.
14. On January 31, 2019, the so-called Israeli NGO, who described its ultimate goal as "fighting terrorism and protecting the rights of Jews all over the world," asked the ICC not to prosecute it by submitting the document it claims to be the full text of the agreement signed between Turkiye and israel.
"Like everyone else, we saw this text for the first time"
15. Not only the BBC, everyone, and we have seen this text for the first time after it was presented to ICC by israeli NGO. As for the content, it is obvious that it carries a much heavier content in many respects than the Mavi Marmara agreement passed by the Turkish Grand National Assembly.
16. The agreement adopted by the Turkish Grand National Assembly was also an agreement against the law and the Turkish constitution. It has not been accepted by us and cannot be. We are continuing our appeal and processes regarding all our objections to this and the cases that have been discontinuance based on this agreement.
17. The secret items presented by israel, which we do not know if they are true or not, which are still not refuted by the Turkish government, are not acceptable in terms of procedural or content. Of course, an international convention can only be accepted and ratified through Parliament.
18. If this information has been hidden from the TGNA, the members of the TGNA and all relevant authorities should explain this situation to the public and should do the necessary. I would like to remind you that this is not just a matter of the Mavi Marmara or just a matter of Palestine.
19. It should not be forgotten that six Turkish Army soldiers were killed on the same night and on the same grounds in Iskenderun using israeli weapons (fixed by the court). If such an agreement exists then it is a matter of state for Turkiye to do what it needs to be related to the content.
20. It is the most natural right to inform the public and the families of martyrs in all aspects. Agreements with israel, secret or open, should be terminated, obstacles to the trial of criminals in Turkey and obstacles to the possibility of lifting the Gaza blockade should be lifted.
Mavi Marmara Case is in the International Criminal Court since 2013
Then negotiations began for compensation and lifting the embargo on Gaza.
The six articles of the agreement signed on 28 June 2016, only provisions for compensation were included.
The lawyers of the Mavi Marmara ship, which set sail towards Gaza with the flag of Union of Comoros' state, sued zionists to the International Criminal Tribunal on 14 May 2013 by the authority taken from the Comoros state.
Although the ICC prosecutor decided not to open an investigation at first, the ICC preliminary investigation department asked the prosecutor to review the decision not to open an investigation.
ILC requested the ICC not to file a lawsuit, by taking into account the provisions of the agreement and the compensation paid.