102
In this context, it is noted that during 2010 ICHR received hundreds of complaints
concerning violations of the right to a fair trial, guaranteed by international
conventions and Palestinian Basic Law. The complaints have dealt with the
following:
A. Lack of due process upon arrest, contrary to the provisions of Article (29)
of the Criminal Procedure Law;
B. The failure to bring arrested inmates before competent judicial
authorities, in violation of the provisions of Article (34) of the Criminal
Procedure Law;
C. Entering and searching homes without warrants in violation of Article (39)
of the Criminal Procedure Law;
D. Detention without charge, or the slow process of litigation, and
testimonies concerning the prevention of contact with the family or a
lawyer, contrary to the provisions of Article (123) of the Criminal
Procedure Law;
E. Exposure of detainees to torture and ill‐treatment in detention centers, in
violation of the provisions of Article (29) of the Criminal Procedure Law.109
3‐ Continued Interference of the Executive Authority in Judicial Affairs
The non‐enforcement of the courts’ rulings and decisions, particularly those
issued by the Supreme Court of Justice, as well as the encroachment of the
military judiciary into the jurisdiction of the civil judiciary, are features of the
interference of the military judiciary into civil judicial affairs.
In this context it should be noted, as shown by the results of the survey of the
judicial system in Palestine, that a comparison between the two surveys ‐ tribal
2009 and dimensional 2010 ‐ from the perspective of the Palestinian public and
the judges, issued in July 2010 by the Higher Judicial Council. The results showed
an increase in the proportion of judges who believe that they are subjected to
pressure from the Security Services by (35%) in the previous poll (2009),
compared to (54%) in the subsequent poll 2010. More than half of the judges
109
For more details, see ICHR’s monthly reports published in 2010 on its website: www.ichr.ps
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