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This is ascribed to the fact that the resolutions issued by the current Government
remained within the framework of general principles and the rules of disciplinary
conduct which focuses on the significance of respect for human rights. Although
the majority of these resolutions concentrated on the fulfillment of the
conditions of detention by the Security Services, they have evidently overlooked
the integrity of legal procedures in cases of arrest, detention, extension of terms
and inspection since, in the absence of proper legal procedures, detention
becomes contrary to law. Both the Basic Law and the Jordanian Penal Code No
(16) of 1960 state the necessity for holding personnel in charge of law
enforcement accountable in case of the unlawful restraining of freedoms in a way
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which violates the law .
In contrast, the Government in the Gaza Strip adopted an apparent policy on
arrest and arbitrary detention for political considerations without regard to the
integrity of legal procedures. In 2010, the detainees were subjected to forms of
torture and Ill‐treatment in which the Security Services of the Deposed
Government used excessive force on more than one occasion. The Internal
Security Service also continued during 2010 to prevent ICHR and human rights
organizations from visiting detainees being held by the Service, despite the
allegations by a number of families that their sons were being exposed to torture
and ill‐treatment inside the Internal Security Prison. According to ICHR,
monitoring the conditions of detainees in places of detention is weak and
insufficient by the Public Prosecutor and the judiciary.
Additionally, regarding the elements of accountability to be integrated, it is
necessary to prosecute all those who restrain freedoms in a way that violates the
provisions of the law. Those engaging in torture and other forms of Ill‐treatment
must be held accountable in investigations, and all the perpetrators of such
affairs must be referred to an impartial independent judicial authority. Further,
all those whose basic rights were denied require the provision of justice to the
victims, as well as some deterrents for perpetrators.
The current justice system proves to be unable to hold those in charge of murder,
torture and ill‐treatment violations accountable for their deeds, which results in
creating an environment of impunity, absence of transparency and the inability
to respond to victims’ complaints. Accordingly, the mechanisms employed by the
concerned authorities to follow up violations and grievances were regarded to be
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View Article (176) of the Jordanian Penal Code No (16) for the year 1960.
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