24 Regarding the variable in the framework of accountability, the HJC reported that, in 2022, Palestinian courts in the West Bank invalidated confessions of accused persons in three cases. Pursuant to Article 214(1) of the 2001 Penal Procedure Law, for a confession to be valid, it must be “made voluntarily and freely, without material or moral pressure or coercion, promise or threat.”7 In the West Bank and Gaza Strip, the Public Prosecution reported that no data were revealed on any confessions overturned by courts as a result of judgements to the effect that such confessions had been extracted under torture and other forms of ill-treatment.8 Hence, the Public Prosecution did not take any action in this regard. The Military Justice Authority continues to fail to reply to the ICHR letters.9 Against this background, the ICHR recommends that the President of the State of Palestine and Minister of Interior need to continue to issue clear directives to security agencies, preventing torture and ill-treatment in detention centres as well as during interrogation. Recommendations of the United Nations Committee against Torture need to be implemented. These were made in the Committee’s Concluding observations on the initial report of the State of Palestine, July 2022. Serious action needs to be taken to amend the Law by Decree on the National Preventive Mechanism on Torture, ensuring that it is consistent with the general principles provided for by the Optional Protocol to the Convention Against Torture (OPCAT). In particular, the mechanism will enjoy administrative and financial independence. Courts and the Public Prosecution need to exercise control over all civilian detention facilities to ensure that detained persons are not subjected to torture, ill-treatment, or acts prejudicial to their mental condition. Investigation should be launched into cases, where detainees are subjected to any form of torture or ill-treatment. The Military Prosecution needs to open serious investigations into claims of encroachments on the right to physical safety committed by law enforcement personnel, particularly inside detention facilities. This should render successful cases brought before military courts in this respect. 2.1.3 Right to personal liberty The ICHR received 182 complaints on detention and arrest without presenting arrest warrants issued by the Public Prosecution or a judicial order handed down by competent courts. Complaints also involved circumstances other than those under which persons can be lawfully detained without a duly issued arrest warrant. The ICHR received 73 complaints on administrative detention. Some persons had been detained for several months before they were released. A significant number of complainants reported that they had been detained on orders by governors 7 Based on a reply from the HJC, No. 29/343, 12 February 2023. 8 Reply of the Gaza-based Public Prosecution No. 0625, 16 February 2023; West Bank-based Public Prosecution’s reply was sent by email, 23 February 2023. 9 ICHR letter to the Military Justice Authority No. TS-5-2023, 12 January 2023; Letter No. TS-14-2023, 26 February 2023. The Status of Human Rights in Palestine