201
The continued disruption of the Palestinian Legislative Council (PLC) during 2010
has led to: 1) the absence of its role in monitoring; 2) its failure to perform its
supervisory duties; 3) its inability to hold the Government accountable, to
exercise a vote of confidence or no confidence, or question it; and 4) its inability
to investigate grave violations and breaches of Palestinian human rights which
occurred during 2010. Violations include: 1) violations of the right to life and
physical safety; 2) exposure to torture and ill‐treatment; 3) arbitrary deprivation
of liberty due to political affiliation; 4) separation from public office; 5) career
exclusion; 6) attacks on media freedoms; and 7) restrictions on basic rights, such
as the right to form associations and the right of freedom of movement and the
right of peaceful assembly.
III ‐ Public Policies and Their Impact on Accountability
Despite efforts made by the current Palestinian Authority in the West Bank
through its direct and precise instructions to the security forces to respect the
rule of law and to comply with its provisions, the fait accompli still witnesses a
continuous lack of compliance from the security forces regarding the proper legal
procedures in carrying out arrests, inspection, extension of terms and detention.
Several detainees were subjected to many cases of unlawful Ill‐treatment and
torture during the period of detention, but neither the Ministry of the Interior
nor its Security Services have implemented the resolutions of the Supreme Court
of Justice, which ruled on the release of the detainees held by the Security
Services. Security Services refrained, in many cases, from implementing decisions
of the High Court of Justice, such as demanding the release of detainees held by
the Security Services in violation of the law.202
202
During 2010, the phenomenon of non‐implementation of court decisions or delay in their
implementation continued in violation of the provisions of the law ‐ specifically some decisions of the
Supreme Court of Justice and the Court of First Instance. ICHR has documented more than (181) violations
of court decisions. The Executive Power in both its security and civil branches failed to implement those
decisions in a timely manner, as the non‐implementation of decisions issued by Palestinian courts
regardless of their degrees is a clear violation of the provisions of the Palestinian Basic Law and in
particular Article (106) thereof. The Article stipulates that the “Judicial rulings shall be implemented and
refraining from or obstructing the implementation of a judicial ruling in any manner whatsoever shall be
considered a crime carrying a penalty of imprisonment or dismissal from position...”
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