82
detention, or when there is total or partial non‐observance of international
norms in regard to a right to a fair trial.89 .
The Amended Palestinian Basic Law of the year 200390 guarantees the right to
personal liberty, and prohibits encroachment on any grounds or pretexts. The
Law has also set forth the controls and conditions that must be followed for the
exercise of any restriction to this freedom, and assigned this responsibility to the
judiciary. First, the Law stipulates that arrest, detention, or restriction of freedom
is prohibited unless carried out under a court order in accordance with the
provisions of the Law. Secondly, it also prohibits the arrest or suspension91 of any
person in a premises other than those legally designated for arrest and
detention92 and requires the authority to inform the persons of the reasons for
their arrest or suspension, charges against them, and their right to a lawyer to
defend them. The Law also obligates the decent treatment of suspects in a
manner respectful of their human dignity.
Moreover, the Penal Procedural Code No. (3) of the year 200193 regulates the
process of arrest, detention and inspection, and entrusts solely to the Civil Public
Prosecution the authority to establish criminal proceedings. The Law identifies
both the roles and powers of the Civil Public Prosecution related to the functions
of the Judicial Police, the supervision of Judicial Police officers, and issuance of
orders for arrest, search, and extension of detention. It also specifies, for
example, the persons94 enjoying the status of Judicial Police and places them
89
http://www.ohchr.org/Documents/Publications/FactSheet26en.pdf , 31/10/2008, p.4.
See Articles (11‐14) and (112) of the Amended Basic Law for the year 2003.
91
The Palestinian Penal Procedural Code No. (3) for the year 2001 utilizes the term "arrest and
suspension" in reference to those detained by the security apparatus, while the Basic Law uses the term
"detention" to refer to persons detained within the duration of a state of emergency state pronounced by
the President of the PNA in accordance with this law.
92
See Articles (2, 3, 4, 6, 7) of the Law on Penitentiaries and Detention Centers No. (6) for the year 1998.
93
See Articles (2, 19, 20, 21, 23, 29, 34, 39, 41, 54, 55, 94, 95, 105, 107, 108, 115, 116, 117, 118, 119, 120,
123, 125) of the Penal Procedural Code No (3) for the year 2001.
94
Article (21) of the Palestinian Penal Procedural Code No. (3) for the year 2001, specifies the categories of
Judicial Police Officers as:
90
•
•
•
•
The chiefs of the police, and their deputies and aides, in additions to Directors of District Police
and General Directorates.
Police officers and non‐commissioned officers, each in their respective areas of competence.
Heads of naval and air vessels who are delegated judicial policing powers in accordance with the
law.
Members of the Palestinian General Intelligence, in accordance with Article (12) of the
Palestinian General Intelligence Law which stipulates that the Intelligence shall have the
jurisdiction of the judicial police in accordance with the jurisdictions stipulated by this law.
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات