207 limitation. The National Authority shall guarantee fair indemnity for those who suffered from such damages.”208 Furthermore, Article (247) of the Revolutionary Penal Code of 1979, applicable to the members of the Palestinian Security Services, states that anyone who detains or imprisons any person for any case other than those cases indicated in the law shall be imprisoned for at least six months. The Jordanian Penal Code No. (16) of 1960 ‐ in force in the West Bank ‐ stipulates “it is not permissible for any person, whoever was the person, to detain or imprison another person other than the authorities that have the power to arrest or imprison.” And Article (178) of the Jordanian Penal Code states “every employee who detained or arrested another person under conditions other than what is indicated in the law shall be punished by imprisonment from three months to one year.” In Article (179), it is stated that “accepting the custody of a person without a warrant or a judicial decision, or being kept in prison after the imprisonment period by the prison administrators and guards or disciplinary institutes or corrections centers or any public servants on behalf of the prison wardens shall by punished by imprisonment from one month to one year.” Under International Human Rights Law (IHRL), the states are obliged to pay compensation for any violations of the right to personal freedom and safety. The International Covenant for Civil and Political Rights (ICCPR) affirms that any person who has fallen victim to illegal detention has the right to mandatory compensation.209 In spite of these principles and provisions, the victims of arbitrary detention and violations of legal procedures in Palestine cannot obtain compensation as a result of the damage inflicted upon them. The Military Public Prosecutor is competent to follow up on complaints received against the military personnel of the Preventive Security and General Intelligence, both of which follow the Chief of the Military Judiciary Commission, at the time the military prosecution gives these services the authority and permission to detain individuals and extend their detention. 208 209 Article (32) of the Amended Palestinian Basic Law of 2003. Article (9) paragraph (5) of the International Covenant for Civil and Political Rights (ICCPR).

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