81
fair legal procedures, and the standards affirmed by several international
covenants on human rights. They are discussed below.
I ‐ Arbitrary Detention
ICHR noted the continued arbitrary detention cases without due process of law in
arrest and detention. During 2010, it received (1,880) complaints, of which
(1,559) complaints were from the West Bank and (321) complaints were from the
Gaza Strip. It is important first to clarify what arbitrary detention actually is,
according to international human rights standards and national legislation
Arrest entails the deprivation of an individual of the right to liberty86, even for a
short87 period of time, as a prelude to taking some action against this individual,
provided that detention is confined to premises defined by the law for that
purpose. The purpose of the provisions pertinent to arrest in the International Bill
of Human Rights is the protection of personal liberty and the prohibition of
arbitrary detention. Article (9) of the Universal Declaration of Human Rights
stipulates that "No one shall be subjected to arbitrary arrest, detention or exile”
while Article (9) of the International Covenant on Civil and Political Rights states
"Everyone has the right to liberty and security of person. No one shall be
subjected to arbitrary arrest or detention. No one shall be deprived of his liberty
except on such grounds and in accordance with such procedures as are
established by law".
For an arrest to be legal there must be sufficient evidence to prove that the
suspect had perpetrated criminal acts88. According to the UN Working Group on
Arbitrary Detention, detention is seen as “arbitrary” when detention results from
exercising rights or freedoms protected by the law, such as religious liberty and
freedom of opinion, and the authorities have no legal documents to justify
detention centers or prisons and the right to living conditions inside detention centers; (G) Violations to
the right to treatment on the basis of innocence until proven guilty; (H) Separation of prisoners; (I) Search
without a warrant. It should be noted that encroachment on any of those rights is an encroachment on
personal freedoms for all as guaranteed by the Basic Law, according to which it is prohibited to restrict
the freedoms of any person without legal justification and due process.
86
It should be here noted that international instruments do not always use the same terminology to refer
to the deprivation of liberty, which may be referred to by the terms "arrest", "detention", "suspension",
"imprisonment" or "custody", among others.
87
See UN Working Group on Arbitrary Detention, Fact Sheet No. 26.
88
See UN Human Rights in Judicial Systems: A Guidebook on Human Rights , Directions to Judges,
Prosecutors, and Lawyers, ( New York and Geneva , UN,2002), Chapter 5, “Human Rights and Detention :
Pre‐Trial and Administrative Detention”, p.155
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