The Independent Commission for Human Rights - ICHR 77 crime of unlawful deprivation of liberty and a crime of abstention from enforcing judicial rulings (Article 106 of the Amended Basic Law and 82 of the Judicial Authority Law). Furthermore, the law created specialised mechanisms for the criminal prosecution of accused persons. These include law enforcement personnel in the event they commit a crime in the course, or by reason, of the performance of their official duties. This is applicable by the Public Prosecution, Military Prosecution, regular courts, and military tribunals which have jurisdiction to prosecute accused security personnel. Security agencies also established internal mechanisms for disciplinary prosecution. These are set to discipline security personnel, who commit acts criminalised by law or run counter to approved codes of professional conduct, including conduct that impinge on human rights. This mechanism is in place in the West Bank in, e.g., the Bureau for Grievances and Human Rights of the Police, MoI Inspector General Office, and complaints units at security agencies, such as the Preventive Security and General Intelligence in the West Bank and the MoI Internal Security in the Gaza Strip. Having sent letters requesting information on any inquiries conducted, the Public Prosecution in the West Bank reported that it had not launched any investigations complaints filed against security officers, who committed acts of illegal or arbitrary arrest or detention. This stands in contrast with, for instance, the crime of torture, where the Public Prosecution opened investigations into 14 complaints. The ICHR also sent letters to the Public Prosecution and Military Justice Authority, inquiring about investigations and accountability actions taken against persons involved in illegal and arbitrary arrest and detention in the Gaza Strip. Unfortunately, the ICHR did not receive any replies to this effect. Recommendations In the light of the foregoing presentation on the situation of the right to personal liberty, the ICHR reiterates the recurring recommendations it has made in previous annual reports, none of which has seen the light of day. Namely, • Security agencies should desist from arresting citizens against the backdrop of exercising their lawful rights, including the right to freedom of opinion and expression and right to peaceful assembly. • Governors should cease to deprive citizens of their liberty on security grounds, also known as administrative detention or governor ordered detention. • Law enforcement agencies will comply with the due process of law in cases of deprivation of liberty in the context of putting criminal laws into effect. • The Public Prosecution and regular courts will be competent of prosecuting persons involved in illegal and arbitrary arrests and detentions, regardless of their job descriptions, either military personnel or civil servant. This will be in conformity with Article 101 of the Basic Law, which provides that military courts may not have any jurisdiction beyond military affairs. • The Public Prosecution needs to bear its responsibility for the criminal prosecution of persons implicated in illegal and arbitrary arrests and detentions. • Judges need to protect human rights, particularly in cases of pretrial detention and extension of detention, by applying the principles of necessity, proportionality, and legality. Judge may not accept to extend the detention of any persons without an investigation file, containing an interrogation record and evidence of the risk they pose if they remain at liberty. Twenty Seventh Annual Report 2021