94
2‐ Family Visits and Communication with the Outside World
The Standard Minimum Rules for the Treatment of Prisoners requires allowing
the accused to immediately inform their families of their detention, and to be
granted all reasonable facilitation to communicate with, and receive visits101 from
family and friends. The Principles for the Protection of All Persons under Any
Form of Detention or Imprisonment affirms the right of the detained person to
receive visits by his family, and to have adequate opportunity to communicate
with the outside world102.
The Palestinian Penal Procedural Code has acknowledged the right of the person
held in custody to contact103 family and to have access to family visits. Prevention
from family visits can only be issued by the Public Prosecutor and interrogators.
In this context, ICHR recorded (64) violations which were made by the relatives of
detainees held by the Internal Security Service in the Gaza Strip.
To offer one example, ICHR received a complaint on 27/04/2010 from Zeid Abdul
Baset al‐Ghol, 24, from Gaza, demanding the Internal Security Service to
investigate his detention due to his political affiliation on 30/03/2010 without an
arrest warrant issued by the Public Prosecution, and allowing his family to visit
him.
3‐ Presentation of Civilians Before Military Courts in the Gaza Strip
Arrest of civil and military citizens, especially members of Fatah Movement (due
to their political affiliation) in the Gaza Strip by a decision of the military justice, is
done through the Military Public Prosecution Office, and according to certain
charges. Arrest is carried out in accordance with the Military Trials Code, which
gives validity to the Prosecution to arrest for 15 days, and after that they are
arrested through the Central Court for a period of 45 days, and then through the
Permanent Court of up to six months, and then a release of them if the
101
Article (92) of the Standard Minimum Rules for the Treatment of Prisoners adopted by the First United
Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955.
102
Article (19) of the Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment, adopted by the General Assembly of the United Nations in 1988.
103
Article (123) of the Palestinian Penal Procedural Law.
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