203
insufficient. On the level of physical safety violations, those violated must receive
appropriate and fair compensation, as stipulated in Article (32) of the Basic Law.
Impunity
Through following up and analyzing the violations of human rights in the
Palestine in 2010, ICHR found that the Palestinian accountability procedures
against the perpetrators of unlawful killings, torture and ill‐treatment, or against
the violations of prisoners' and detainees' rights were insufficient, both through
the arrest procedures and the exposure of detainees to torture, cruel and
degrading treatment. During 2010, ICHR recorded (161) complaints, including
allegations of detainees in the West Bank allegedly exposed to torture or ill‐
treatment by members of the various Security Services, in addition to (220)
complaints in the Gaza Strip. According to the cases followed up by ICHR, it
seems that crimes of torture or ill‐treatment had actually been committed
against detainees, and with almost complete impunity.
West Bank
1‐ The Role of Public Prosecution in Accountability and Non‐impunity
The Office of the Public Prosecutor plays a crucial role in adopting punitive
measures against the perpetrators of crimes, beginning with prosecuting them,
overseeing the legality of an investigation, supervising the implementation of
court decisions as well as the exercise of other tasks. As representatives of the
public interest, it may efficiently contribute to respect for human dignity in terms
of its contribution to the procedures, integrity, and the intactness of the proper
functioning of the criminal justice system. In accordance with the law, the Public
Prosecutor watches the course of justice, oversees the jails and detention
centers, and law enforcement. He also represents the executive power in front of
the judiciary and the courts, and communicates with the competent authorities
directly.
The Public Prosector also supervises judicial police officers who are subject to his
control with respect to their jobs204. He is entitled to ask the competent
authorities for the adoption of disciplinary action, including punitive
204
Article (20) paragraph (1) of the Palestinian Penal Procedural Code of 2001.
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