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Chapter Two
Integrity of Legal Procedures in Arrest and Detention
The Palestinian Penal Procedural Code was ratified in 2001 to ensure
commitment to the standards of fair trial as stipulated in the Basic Law. However,
security agencies of the PNA and the de‐facto authority in the Gaza Strip still
commit multiple violations.
During field visits to prisons and detention centers in the West Bank and the Gaza
Strip, which in 2010 exceeded a total of 961 visits, ICHR registered hundreds of
violations to due process committed at the time of arrest and detention, and
during detention. In addition, ICHR received a number of complaints and
affidavits depicting a serious surge in lack of commitment on the part of the
Palestinian security agencies to the legal procedures guaranteed by the
Palestinian Penal Procedural Code.
Many detainees stated that their arrest had not followed from criminal conduct
per se, but rather were made against the background of exercising their legally
guaranteed rights, such as the right to the expression of opinions, the right to
political affiliation and other rights. According to some complaints received by
ICHR, detainees had not been informed of the nature of the charges against
them, while in other cases detainees had not been able to exercise their right to
legal representation by an attorney or the right to obtain legal assistance.
Furthermore, a number of detainees were held for a long period before being
brought before the judiciary, while detention at security agencies was extended
for the majority of those detained due to their political affiliations, and this was
due a decision by the Chief of the Military Judicial Commission (MJC).
The violations to the rights of the detainees and defendants in Palestine, as
observed by ICHR throughout 2010, have clearly affected the criminal justice
system, as they lacked the basic principles of the rule of law and due process85,
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The violations of a right to fair legal procedures, according to the matrix of violations monitored by
ICHR, include: (A) arbitrary detention: 1‐ without a warrant; 2‐ without indictment; 3‐ false or non‐serious
accusation; 4‐ without presentation before a public prosecutor or judge of a magistrate court. 5 ‐ without
a trial.); (B) No compensation for arbitrary detention; (C) Detention due to political affiliation; (D)
Violation to the right to representation by an attorney or a public lawyer appointed by the court; (E)
Violation to the right to visitation by family or lawyer; (F) Violation to the right to medical care at
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