230
Recommendations217
1. Order the Military Public Prosecution and the Military Justice to halt arrest and
detention decisions against civilians; demand military courts to cease trying
civilians; and bring all those arrested and sentenced by the Military Justice to be
heard at competent regular courts.
2. Cancel the Cooperation and Understanding Protocol between the Public
Prosecution and the Military Public Prosecution, which was concluded between
the parties on 28 June 2006; according to this, the Attorney General allowed the
Military Public Prosecution to exercise its jurisdiction and powers regulated by
law in relation to the establishment and follow‐up of proceedings in crimes set
forth in the Penal Codes in the West Bank and Gaza Strip.
3. The PNA Security Services shall: respect the validity of arrest and detention; not
implement any arrest without a prior judicial order; abide by the duration of
arrest set out under the Criminal Procedure Code; refrain from implementing any
seizure or detention in places not designated for that purpose; and respect the
sanctity of homes and other places, and not enter and search them without
judicial orders. Furthermore, the competent Palestinian authorities shall prevent
the Military Intelligence Service from exercising the power of detention and
arrest against non‐military persons.
4. The Palestinian Public Prosecution shall implement its powers by inspecting the
reform and rehabilitation centers’ “prisons” and places of detention in its
departments to ensure there is no inmate or detainee present illegally, and
practice its role in intervention to prevent detention and arrest outside the
reform and rehabilitation centers. The Public Prosecution is also required to act
to prevent security services personnel who do not have the status of the judicial
police, specifically the Military Intelligence Service, from taking on the powers of
those bodies which legally are empowered with judicial police status.
217
Taken from the website of the Palestinian Independent Commission Investigating for the Goldstone Report
http://www.picigr.ps/index
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