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Office of the High Commissioner for Human Rights in the oPt, on the occasion
of the International Day in Support of Victims of Torture, the ICHR organised
a conference that brought together public officials, human rights activists, and
representatives of CSOs and media outlets. The conference was held with the
purpose of reminding everyone, including duty bearers and decision makers, that
torture was not only rejected, but also constituted a crime and grave violation of
human rights.
The ICHR also sent a letter to the President on the Law by Decree No. 25 of 2022
on the National Commission for the Prevention of Torture, published in Issue 191
of the Palestinian Official Gazette on 25 May 2022. The ICHR made clear that the
provisions of the law by decree were substantially different from earlier drafts,
which had been developed in partnership between the Ministry of Interior (MoI),
CSOs, and ICHR. The Commission demanded that enforcement of the law by decree
be suspended to allow further consultations with relevant bodies. The enactment
will ultimately be amended in consistence with the Optional Protocol to the
Convention against Torture and Guidelines on National Preventive Mechanisms.
Laws by decrees continued to be enacted throughout 2022. These lacked a
clear and public legislative plan or definitive and firm procedures, which should
guarantee transparency and engagement of as many affected sectors as possible
in consultations leading up to enactment of these enactments.
The ICHR continued to monitor regulations and prepared many legal
memorandums and correspondence. In partnership with relevant CSOs and
trade unions, the ICHR worked towards suspending regulations, which it believed
would compromise rights and freedoms. The ICHR sent a letter to the President,
requesting that the 2022 Law by Decree Amending the Penal Procedure Law No.
3 of 2001 be suspended. The ICHR confirmed that it was in support of any official
efforts to expedite court proceedings and realise citizens’ right to full justice as a
human right. However, this should not be at the expense of fair trial guarantees and
right to defence, enshrined in the 2003 Basic Law as amended and UN conventions
binding on the State of Palestine.
The Gaza-based MoI continued to impose a constraint, requiring that a prior permit
be obtained for indoor public meetings. Accordingly, the MoI demanded that
several CSOs cancel events and meetings because they had not received an official
authorisation to do so. The ICHR is of the view that these measures constitute a
legal infraction and place a new restriction on institutional functions.
Additionally, Gaza courts continued to enter death sentences, totalling 22 in 2022.
This is in contrariety with the State of Palestine’s accession to the Second Optional
Protocol to the International Covenant on Civil and Political Rights, aiming at the
abolition of the death penalty.
At the internal institutional level, the ICHR finalised the human resources automated
system and developed information technology infrastructure and management
The Status of Human Rights in Palestine