24
committee formed by the PNA submitted its report to the UN7, and so did the
committee formed by the Government in Gaza8.
The Palestinian Investigation Committee in the West Bank concluded with a number
of recommendations and conclusions, most of which reflected the conclusions
reached by the International Commission, especially those which linked most of the
detentions to the Palestinian internal political situation. It noticed that arbitrary
detention is practiced due to the political divide, the result of which is the existence
of two authorities, one in the West Bank and the other in the Gaza Strip. The
detentions carried out in the West Bank targeted the affiliates and supporters of the
Hamas movement, as well as the affiliates of the political forces allying with and
supporting it. Accordingly, the detentions carried out in the Gaza Strip targeted the
affiliates and supporters of the Fatah movement, and affiliates of political forces
allying with and supporting it.
It also concluded that neither the law enforcement bodies in the West Bank, nor
those of the Government in Gaza respect or take into consideration due process
during arrest and detention. They subject detainees to torture and other patterns of
cruel, inhuman and degrading treatment as an instrument to extract confessions
from them and information about others. It also noticed that the law enforcement
officers of the security agencies in the West Bank and the Gaza Strip do not respect
the effective laws which stipulate that a detainee must be brought before the
regular Public Prosecution according to the provisions of the Palestinian Code of
Criminal Procedures. Further, they bring civilian detainees before military courts,
and the security agencies in the West Bank turned a blind eye, in many cases, to the
decisions of the regular courts9.
II.
Ongoing Political Divide between the West Bank and Gaza Strip
Despite ongoing efforts exerted by different domestic, Arab and international
parties and the aspiration of the Palestinians to achieve reconciliation between
judges and lawyers to consider the accusations from the report of the International Fact Finding
Commission. It also contained a primary report from the judicial committee.
7
To read the report, see http://www.picigr.ps/details_ar.php?id=w70cfoa2724y9qutbmrpg
8
On January, 27, 2010, the Minister of Justice of the Government in Gaza announced that the committee
submitted its report to the UN. To read the report, see http://www.alquds.com/node/232857
9
To read the report from the Palestinian Independent Investigation Committee, see
http://www.picigr.ps/details_ar.php?id=w70cfoa2724y9qutbmrpg.