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consist of two computers, mobile phones, and different papers) to the Security
Committee in Tulkarem area. He was released after being identified as a member
of the Legislative Council.” In spite of the explicit and clear text of Article (53) of
the Basic Law amended in 2003, referred to by ICHR in its communiqué that “No
Member shall be interfered with in any manner, nor shall any search be made of
a Member’s luggage, home, place of residence, car, office, or any real estate or
movable property belonging to the Member, throughout the period of
immunity.” However, the Chief Prosecutor of Tulkarem confirms that the search
warrant was organized in accordance with the law by the prosecution, eventually
claiming that all which was mentioned in PLC member Abdul Rahman’s complaint
is not true.
ICHR concludes through this case and other similar cases that among the factors
that impede the access of victims of violations to equity is the authority of the
prosecution in saving (closing) investigations or not referring them to justice. This
is associated with how the Public Prosecution functions. It is to be a justice
institution which investigates crimes and prosecutes suspects legally.
Other factors that contribute to the impunity of the perpetrators specifically in
violation of the right to physical integrity and crimes of torture is the legal
framework in force in Palestine, which fails to criminalize torture in full. This is
not in line with international standards found in the Convention against Torture
(CAT).
Finally, the practice of torture in Palestine and the failure of the executive
authorities to hold perpetrators responsible lies within the broader context,
which is the prevailing state of division, and has actually led to finding the
grounds and the environment for the work of the Security Services to operate
above the law. This is evident in arbitrary detentions and resorting to military
justice.
2‐ The Role of Military Justice in Accountability and Non‐impunity
The Palestinian Basic Law safeguards personal freedom, and asserts
“Each aggression committed against any personal freedom or
against the private life of a human being or against any rights or
public freedoms, which have been guaranteed by the law or by this
Basic Law, shall be considered a crime. Criminal and civil case
resulting from such infringement shall not be subject to any status of
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