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1.3 Development in the right to personal liberty
Arbitrary arrest and unlawful detention
The Commission received (425) complaints in the West Bank and Gaza Strip
regarding arbitrary arrest and illegal detention at the hands of law enforcement
agencies, with (281) complaints in the West Bank, and (144) complaints in the Gaza
Strip. These complaints included (550) allegations of arbitrary arrest and unlawful
detention20, including (344) allegations in the West Bank, and (206) allegations in
the Gaza Strip. The women’s complaints amounted to (8) complaints, including
(4) complaints in the West Bank that included (4) allegations of arbitrary arrest
and illegal detention in the West Bank, and (4) complaints in the Gaza Strip that
included (5) allegations of arbitrary arrest and illegal detention in the Strip. As for
the complaints of children under the age of (18) years being subjected to arbitrary
arrest and illegal detention, they amounted to (12) complaints, including (10)
complaints in the West Bank with (11) allegation of arbitrary arrest and illegal
detention, and two complaints in the Gaza Strip. Two allegations cited arbitrary
arrest and unlawful detention.The rate of women and children being subjected to
arbitrary arrest and unlawful detention is (4%) of all allegations in this field.
Patterns of Arbitrary Arrest and Unlawful Detention
Arbitrary arrest for exercising freedom of expression
Allegations of arbitrary arrest due to the exercise of freedom of expression
amounted to (141) of the total allegations of arbitrary arrest and illegal detention
this year, with (80) allegations in the West Bank, including (7) allegations of
human rights defenders, and (61) allegations in the Gaza Strip. This includes two
allegations against two journalists, and human rights defenders respectively. Such
allegations amounted to (46) allegations in 2019 and (125) allegations in 2018.
Detention without due process
Allegations of detention without a legal warrant amounted to (155) out of the
total allegations of arbitrary arrest and illegal detention, with (51) allegations in
the West Bank, and (104) allegations in the Gaza Strip. While the allegations of
not notifying the detainee of the reasons for his arrest and of the charges against
him amounted to (30) allegations, with (16) in the West Bank, and (14) in the Gaza
Strip. In addition, (84) citizens of both the West Bank and Gaza Strip reported that
they were detained without being brought before any judicial authority, while (33)
20 The number of allegations of arbitrary arrest and unlawful detention exceeds the number of complaints,
because some complaints include more than one allegation of arbitrary arrest and unlawful detention.
For example, one complaint might include an allegation of detention without a legal warrant, an
allegation of detention for exercising freedom of expression, and an allegation of administrative
detention by the governor.
The Status of Human Rights in Palestine