Tulkarm First Instance Court 100.0 100.0 100.0 100.0 Jenin First Instance Court 100.0 100.0 100.0 100.0 Qalqilya First Instance Court 97.9 100.0 100.0 100.0 Jericho First Instance Court 100.0 95.0 75.0 95.0 West Bank First Instance Courts 90.6 94.5 94.7 98.4 Gaza First Instance Court 96.0 96.0 96.0 96.0 Khan Younis First Instance Court 97.3 97.3 93.2 94.7 Gaza Strip First Instance Courts 97.0 97.0 93.9 95.0 First Instance Courts average 91.5 94.8 94.6 97.9 Serious Crimes Court 94.2 86.7 71.7 82.5 ISTIQLAL monitors observed cases before the Nablus and Gaza First Instance Courts where witnesses contradicted their testimony previously given to the prosecution; in such cases, courts ordered police to arrest the witnesses in question, and referred the case to the Prosecution to initiate an investigation for false testimony. As already observed (see above, chapter 3) ISTIQLAL observed a number of cases where prosecution witnesses failed to appear at the prescribe hearing, thus causing disruption and delays in criminal proceedings. ISTIQLAL also observed a small percentage of instances (1,3% of witnesses in the West Bank and 5,8% of witnesses in the Gaza Strip) where the Court had to re-summon witnesses who had come to court to testify, due to the lack of sufficient time to hear their testimony at the prescribed hearing. Some of these cases involved witnesses who had to take time off their jobs or who were ill or disabled. Such instances might erode the public’s confidence in the Courts’ ability to carry out their work appropriately. 11. Right not to be subjected to torture, inhuman or degrading treatment or punishment Freedom from torture, inhuman or degrading treatment or punishment is one of the most fundamental human rights, guaranteed by a large number of international law provisions, such as the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and ICCPR Article 7, which states “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Similarly, Article 13 of the Palestinian Constitution foresees that “No person shall be subject to any duress or torture.” The right not to be tortured is not, per se, a fair trial right; it is nevertheless in the context of criminal proceedings that some individuals might experience treatments amounting to torture, inhuman or degrading treatment at the hands of law enforcement authorities. a. Physical violence to ensure orderly conduct of proceedings ICCPR Article 10 states “All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.” According to Article 13 of the Palestinian Constitution “Indictees and all persons deprived of their freedom shall receive proper treatment.” Article (29) of the Palestinian CPC states that a defendant “must be 47