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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