70
detention. According to another complaint, immediately after a court decision on his
release had been rendered, the Nablus governor detained a citizen despite the fact that he
had
deposited the bail set by the judge in the court’s fund.
The Independent Commission for Human Rights - ICHR
Claims of administrative
detention in several years
Governor-ordered detention claims totalled 41 of all claims of illegal and arbitrary arrest
the Qalqiliya
and Jenin
(19 each).
In thereported
Gaza Strip,
six citizens
claimed
they had
and detention.
The governorates
majority of these
(35) were
to have
taken placed
in that
the West
been detained on orders of executive and administrative agencies.
Bank, mostly in the Qalqiliya and Jenin governorates (19 each). In the Gaza Strip, six
citizens claimed that they had been detained on orders of executive and administrative
agencies.
Chart 12: Administrative detention: 2019-2021
Chart 12: Administrative detention: 2019-2021
70
60
50
40
30
20
10
0
59
64
41
2021
2020
2019
Years
4. Continued
confinement
of detained
persons
despite
release
orders
4. Continued
confinement
of detained
persons
despite
courtcourt
release
orders
Continued
imprisonment
of detained
persons
in spite
the that
factathat
a court
was
Continued
imprisonment
of detained
persons
in spite
of theoffact
court
rulingruling
was rendered
on their
release
illegal reflects
and arbitrary
It is andetention.
offence, which
under
the law
can rerendered
onreflects
their release
illegaldetention.
and arbitrary
It is an
offence,
which
sult in imprisonment or removal from public office if the accused is a civil servant or charged with
public service. In pursuance of Article 106 of the Amended Basic Law, “[j]udicial rulings shall be
implemented. Refraining from or obstructing the
86enforcement of a judicial ruling in any manner
whatsoever shall be considered a crime carrying a penalty of imprisonment or dismissal from position if the accused individual is a public official or assigned to public service. The aggrieved party
may file a case directly to the competent court and the National Authority shall guarantee a fair
remedy for him.”
According to complaints, 47 citizens in the West Bank stated that security agencies refrained from
or delayed releasing them after court decisions had been rendered on their release. In Gaza, three
citizens reported that security agencies abstained from enforcing court decisions on their release and
kept them in custody.
2.1.3.2 Ban on travel
Ban on travel is one form of violation of the right to personal liberty and right to freedom of movement. To avoid abuse of these rights, the travel ban must be grounded in a clear legal provision and
follow the procedures established by law. The Basic Law prohibits restriction of freedom or prevention of the movement of any person except by judicial order in accordance with the provisions of the
law (Article 11). On the other hand, Article 11 of the General Intelligence Law allows ban on travel.
On more than an occasion, the High Court of Justice censured the power of the Public Prosecution
or security agencies to ban travel or withhold ID cards and passports. According to the Court, ban on
travel falls within the competence of courts only (see Judgement 147/2015 of High Court of Justice,
2 September 2015; Judgement 153/h2016 of the High Court of Justice, 29 September 2016).
The Situation of Human Rights in Palestine