181
II ‐ Division of Complaints by Type of Violations: the most widespread
violations
1‐ Citizens’ complaints in Regard to Violations of the Right to Fair Legal
Proceedings (Arbitrary Detention)
ICHR monitored, in accordance with the complaints it received during 2010 and
its analysis of the violations set forth therein, a noticeable increase in violations
of the right to fair and proper legal procedures. Lack of due process in detention
and arrest was the largest share of patterns of violations recorded by ICHR. The
number of complaints, which included violations of the right to fair legal
procedures, in particular arbitrary arrest and detention due to political
background, reached up to (1,880) complaints until the end of December 2010, of
which (1,559) complaints generated from the West Bank, and (321) complaints
were made within the Gaza Strip.199
2‐ Citizens’ Complaints about Violations of Rights Relating to Public Service
During the period covered by the report, citizens' complaints about the violation
of official rights to public service continued. The number of complaints received
by ICHR on the right to hold public office reached nearly (400) complaints in the
West Bank and Gaza Strip. These violations included the following violations: (50)
violations on the exercise of discrimination policy and unfair competition in
employment in the West Bank; and (366) violations on the erosion of rights to
public office, such as delays in promotions, or referrals to retirement, or the
erosion of financial rights, and such violations focused in the West Bank. The
number of violations relating to unfair dismissal from public office amounted to
(193) violations, all of which focused on the West Bank.
199
According to the classification system adopted by ICHR in its manual for following up complaints, the
citizen's right to fair legal procedures also considers the following elements:
A. Arbitrary detention, which is without a warrant or without an indictment or false or frivolous
accusation, or without a presentation to the public prosecutor or the magistrate, or arrest
without trial.
B. Detention based on political background.
C. The right to a lawyer or a lawyer appointed by the court.
D. The right to visits from family and lawyer.
E. The right to treatment on the basis of innocence until guilt is proven.
According to this classification, a complaint may include one violation or multiple violations at the
same time of any of the rights and freedoms.
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