66 The Independent Commission for Human Rights - ICHR The fact that individuals are detained on grounds of exercising their rights and freedoms is considered to be arbitrary even if the due process of law is observed, including obtaining a warrant from the Public Prosecution or a court order for continued detention (extension of detention). This form of detention is recurrent in both the West Bank and the Gaza Strip. It is often combined with the violation of other guarantees, including arrest without adequate warrant and/or failure to inform the arrested person of the reasons for their arrest. Law enforcement agencies detain citizens who criticise politicians or civil servants or comment on social and political issues on social media sites or in the media. Usually, these are detained by security agencies for 24 hours, with interrogations focusing on the opinions they post. Then, security agencies refer detained persons to the Public Prosecution. In some case, the latter order that detention be extended for a period of 48 hours. Criminal charges are imputed to detained persons on the basis of loosely defined and overbroad legal provisions, which incriminate their conduct of behaviour associated to freedom of expression. Prescribed by the Jordanian Penal Law effective in the West Bank, these include disparaging public authorities, stirring up sectarian or racial strife, and insulting the higher authorities. In the Gaza Strip, detained persons are accused of using technological devices, undermining unity of the revolution, or collaboration with Ramallah. Then, the Public Prosecution submits a request to the Conciliation Court judge to extend detention of the accused for a period of 15 days, citing serious charges, completion of investigations, and/ or maintenance of public order and security. Most often, the Conciliation Court judges orders that detention the “person accused of expression their opinion” be extended for the period requested by the Public Prosecution or less, e.g. three days or a weak. In some cases, the judge rejects requests for the release of those accused from detention. In these proceedings, the accused to brought before the court stand trial over the charges imputed in association with the exercise of their rights and freedoms. According to information provided by the HJC, by the end of 2021, 209 cases were still pending before West Bank courts, in which citizens were prosecuted under charges related to the exercise of the right to freedom of opinion and expression, namely, disparagement of public authorities and stirring up of sectarian or racial strife. In 2021 alone, courts in the West Bank rendered rulings, convicting 36 citizens on grounds of exercising their right to freedom of opinion and expression, with punishments ranging from confinement to fines. On the other hand, courts rendering acquittal rulings in 25 cases. In the West Bank, the Public Prosecution stated it referred 38 citizens to court to stand trial on charges of causing sectarian or racial strife, but dismissed cases on similar grounds against 18 others. The Public Prosecution reported that it was investigating 10 cases on the same count. In relation to the other charge imputed to citizens and activists on grounds of freedom of expression, namely disparagement of public authorities, the Public Prosecution stated that it transferred 79 citizens to court over this charge. While three cases were still under investigation, the Public Prosecution dismissed 11 cases instituted against the same background. The charge of “illegal gathering” is usually imputed to citizens because the exercise their right to freedom of peaceful assembly. Along this vein, the Public Prosecution, reported that it dealt with 16 cases of illegal gathering. Of these, the Public Prosecution remitted 14 cases to the court and dismissed one case. Another case was still under investigation. No decision was made either on dismissal of the case or referral to court. In spite of the requests made, Gaza-based competent bodies did not provide the ICHR with any relevant information on charges against and trials of citizens on grounds of exercising their lawful rights. This raises many doubts as to the number and nature of instances of abuse of personal liberty in the Gaza Strip. The Situation of Human Rights in Palestine