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Bank, and (19) against the Military Police, the Ministry of Interior and the Military
Judiciary in the Gaza Strip.
When ICHR addressed the Public Prosecution Office in the West Bank regarding
any investigations they had conducted this year against security forces in relation
to committing acts that constitute arbitrary arrest or illegal detention, it stated
that it did not investigate such complaints. When we addressed the Security Forces
Judiciary Authority in the West Bank regarding inquiring about any judicial rulings
issued to convict members of the security services for committing the crime
of illegal deprivation of liberty, ICHR reported that this year the military courts
issued rulings convicting (4) members of the security services. The judiciary, in this
context, detailed or categorized these provisions and indicated which of them
came from unlawful detention of freedom, torture, or murder. The aforementioned
commission also reported that it recorded (8) investigation files, this year, against
members of the security services in the West Bank. Yet, it did not clarify any
classification of the subject of these files, whether they relate to the crime of
unlawful detention of freedom, torture, murder, or assault on peaceful gatherings,
or refraining from executing judicial rulings to release accused persons, or other
crimes.
As for the accountability of those involved in arbitrary arrest and illegal detention
in the Gaza Strip, ICHR addressed the Public Prosecution there to inquire about
cases of investigation and accountability that took place this year against those
involved in arbitrary arrest and illegal detention, and unfortunately, we did not
receive any responses to that effect.
Recommendations
ICHR reaffirms its recommendations in previous annual reports, which have not
been implemented so far, and specifically mentions:
•
The need for the security services to stop carrying out arrests of citizens for
exercising their legitimate rights, including the right to freedom of opinion
and expression and the right to peaceful assembly.
•
For the governors to stop detaining citizens on grounds of security reasons,
which is known as administrative detention or detention under the custody
of the governor.
•
Considering the civil public prosecution and the regular judiciary as the
exclusive competent authorities to prosecute those involved in arbitrary
arrests and illegal detention. Prosecuting them should be regardless of titles,
military or civil servants, in line with Article 101 of the Basic Law, which denies
any jurisdiction for military justice outside of military affairs.
•
The need for the civil public prosecution to assume its responsibility in the
The Status of Human Rights in Palestine