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in spite of the fact that a court ruling was rendered on their release. The ICHR
received 94 complaints on abstention from enforcing court release orders. Several
months after court decisions were entered on their release from jail, a number
of complainants are still held in administrative detention. All of these complaints
were filed against security agencies in the West Bank. Of particular note, two
victims of abstention from implementing court release orders were PWDs.
In 2022, the ICHR filed an objection to the Supreme Constitutional Court (SCC),
challenging the constitutional status of the provisions of this law. Subsequently,
the ICHR managed to obtain a court decision, ruling for the unconstitutionality of
provisions of the Law on the Prevention of Crimes, which vest governors with the
powers of administrative detention. In disregard of the SCC decision, governors
persistently refused to release some persons placed in administrative detention,
especially those wanted by the Israeli occupying authorities.
Legal variables affecting the right to personal liberty involved the President of
the State promulgating the Law by Decree on State Cases in 2022. The enactment
prescribes that courts only consider State cases that are exclusively named matters.
These do not include any compensation for tortious or criminalised acts done by
State representatives in their professional capacity.
The law by decree constitutes a flagrant abuse of the right to a judge. Enshrined
in the Basic Law, every person has the right to seek judicial review of actions and
decisions made by government bodies. To this effect, Article 30 of the Basic Law
prohibits that immunity be provided to any administrative decision or action or
against judicial review.
In 2022, a number of laws by decrees that impinged on the right to fair trial
guarantees were rescinded. These included amendments to the Penal Procedure
Law and Civil and Commercial Procedure Law. As the said laws by decree
substantially compromised fair trial guarantees and right to personal liberty,
the Palestinian Bar Association (PBA), CSOs, and ICHR demanded that they be
repealed.10
At the onset of 2022, the SCC repealed the provisions of the Jordanian Law on the
Prevention of Crimes, which give governors the power of administrative detention.
This was premised on the fact that administrative detention is in contravention
to the Basic Law. The SCC decision was handed down after the ICHR had filed a
challenge, requesting a ruling on the unconstitutional status of relevant provisions
of the law, that endow the power administrative detention on governors. In civil
case instituted on behalf of a citizen, who had been placed on governor-ordered
detention, the ICHR claimed financial compensation for such arbitrary detention.
The Court of First Instance gave a respite to the ICHR to lodge the said appeal to
the SCC in accordance with the SCC Law as amended.
10 On 20 June 2022, the ICHR published a legal opinion on the laws by decrees amending the Penal
Procedure Law and Civil and Commercial Procedure law, demanding that these be amended in
consistence with the Basic Law and international standards of fair trial. On 18 July 2022, the ICHR also
issued a press release, stressing its position of demanding that the said law be amended.
Executive Summary 2022