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responsibility, accountability and compensation as legal tools, ensuring the right
of redress to those whose rights are violated, and to subject the violators
amongst public officials to accountability with legal prosecution and through the
realization of human rights, as well as their integration into the course of official
business.
Article (32) of the Basic Law clearly addresses these guarantees by stating
"Any violation of any personal freedom, of the sanctity of the private
life of human beings, or of any of the rights or liberties that have
been guaranteed by law or by this Basic Law shall be considered a
crime. Criminal and civil cases resulting from such violations may not
be subject to any statute of limitations. The National Authority shall
guarantee a fair compensation to those who suffered such damage".
Therefore, Article (32) points out that the Basic Law has laid down the protection
rules for the rights' system and stresses its prosecution mechanisms by
criminalizing any transgressions of personal freedoms and public rights as crimes
not subject to the statute of time limitations. That is, the victims or those
aggrieved by the violations of personal freedoms and rights can submit a motion
to activate a criminal case at any time or phase in which subjective and objective
conditions for that were made available. The Attorney General shall initiate an
investigation in accordance with the provisions of the law. However, the victim
and the affected can request compensation from the PNA through a civil suit. It
should be noted in this regard that the Jordanian Penal Code No (16) of the year
(1960) which is applicable in the West Bank, states in Article (178) that "Each
employee who arrests or detains a person other than in cases stipulated by law is
punishable with imprisonment from three months to one year"
Article (106) of the Basic Law contains even clearer provisions for accountability,
particularly in regard to the non enforcement of judicial rulings and court
sentences. For example, the aforementioned Article stipulate
"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 the public service. The aggrieved party may file a case
directly to the competent court and the National Authority shall
guarantee a fair remedy for him".
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