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ICHR is gravely concerned over subjecting detainees to torture, inhuman,
cruel and degrading treatment by the security agencies’ personnel during
detention and interrogation, and considers all patterns of torture and ill‐
treatment unjustified. These acts must be criminalized and investigated, and
the perpetrators of such acts must be punished, even after they leave office,
in order to prevent the reoccurrence of such crimes.
3. Non‐execution of Palestinian Courts’ Decisions
The phenomenon of delaying, non‐executing or circumventing courts’
decisions and rulings, especially the rulings of the High Court of Justice and
the Court of First Instance, continued throughout 2010 in contravention of
the provisions of law.
ICHR documented more than 181 violations of courts’ rulings. Neither the
security or civilian bodies of the Executive Authority implemented these
rulings. In accordance with Article 106 of the Palestinian Basic Law, such an
action is deemed to be a crime:
“Judicial rulings shall be implemented. Refraining from or
obstructing the implementation 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.”
4. Violations of the Right to Hold Public Service on Political Grounds
capacity. It does not include pain or suffering arising only from, inherent in, or incidental to, lawful
sanctions. Article (2) of the Declaration on the Protection of All Persons from Being Subjected to Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (the “Torture Declaration”) by the
General Assembly on 9 December 1975 states that “torture and other cruel inhuman or degrading
treatment constitute contravention of United Nations norms and violation of human rights and basic
freedoms established in the Universal Declaration of Human Rights”.