93
In terms of arbitrary detention without a warrant, ICHR recorded (244) violations
during the year 2010, with the Security Services’ detention without a warrant
arrest issued by the Public Prosecutor. It also reported (68) violations of the
Security Services conducting inspections without a warrant issued by the Public
Prosecution.99
1‐ Guarantees Regarding Interrogation and Legal Accusations
The Palestinian legislature has developed interrogation and indictment
procedures with a number of safeguards to ensure the defendants of their rights
throughout the process. These guarantees are originally derived from the
Palestinian Basic Law100, which stipulates that interrogation should not be
undertaken unless all freedoms of the defendant were guaranteed during the
process and enabled a discussion and refutation of the evidence. Interrogation is
both a primary procedure of investigation as well as a means for defense. ICHR
recorded (26) violations in the Gaza Strip on the non‐indictment of detainees,
and about (36) violations stating that detainees were not brought before the
Public Prosecutor or the judiciary.
On 21/09/2010, ICHR received a complaint from Kamel Massad Abu Samhadana,
35, from Deir al‐Balah, calling for the police to investigate his detention since
05/07/2010 without charge, or without being brought before any competent
judicial authority. Also on 23/09/2010, ICHR received a complaint from
Mohammad Nayef Abu al‐Jidyan, 26, from Beit Lahia, demanding the Internal
Security Service to investigate his detention on 16/09/2010 without an arrest
warrant issued by the Public Prosecution and without any charge or without
being brought before any competent judicial authority.
99
Among the complaints received by ICHR in this context, there was a complaint from Ahmad Ibrahim al‐
Najjar, 24, from Khan Younis, demanding the Internal Security Service investigate his detention on
23/01/2010 near Abu ‘Aqlein bakery in Khan Younis, without showing an arrest warrant issued by the
Attorney General. Another complaint by Mahmmoud Abdullah Al‐Halabi, 22, from Gaza, demanded the
police investigate his detention on 31/01/2010 by the General Intelligence Service without an arrest
warrant issued by the Public Prosecutor. A complaint by Nofouth ‘Atiyeh el‐Bakri, 35, from Khan Younis,
demanded the Interior Ministry investigate entering her apartment in Gaza City on 07/03/2010 by a group
of people from the Interior Ministry without presenting a search warrant issued by the Attorney General.
100
Article (14) of the Amended Palestinian Basic Law for the year (2003) states that the accused is innocent until
proven guilty in a legal trial that safeguards the guarantees for self defense, and that every person accused of a felony
must have a lawyer to defend him. Article (12) of the Amended Basic Law of the year 2003 stipulates that each person
arrested or suspended shall be informed of the reasons for their arrest and must be promptly informed in a language
they understand of the charges pressed against them, allowed access to a lawyer, and brought to trial without delay.
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