204
accountability against all those who violate their duties or obligations, or who
neglect their jobs205.
Ever since the political divide between the West Bank and Gaza Strip took place,
the role of the Civil Public Prosecutor has become debilitated. Hamas controlled
the headquarters of the Civil Public Prosecutor and appointed a new Public
Prosecutor and a new cadre for the civil Public Prosecution to replace Mr.
(Ahmad al‐Mughni) and his staff. The Security Services in the West Bank negated
the role of the Public Prosecutor and his various cadres through seeking the
continuous aid of the Military Judicial Commission, which in return issued
detention, arrest and extension memoranda in a method that violated the
provisions of the Basic Law, and the Palestinian Penal Procedural Code No. (3) of
2001.
ICHR notes that after submitting complaints to the Attorney General, which
included requests for an investigation into the facts of illegal arrest, detention
and assault, the result was not as expected. The majority of the complaints have
not been investigated and no action has been taken. For example, on
23/09/2010, ICHR filed a complaint to the Attorney General requesting him to
investigate the facts of illegal arrest, detention and search, and an assault on the
immunity of PLC member Abdul Rahman Zeidan from Tulkarem.206 This requires
an investigation by the prosecution in these facts for violating Article (53) of the
Palestinian Basic Law amended in 2003, which stipulates that:
“1. Council Members may not be questioned in civil or criminal
proceedings due to opinions they express, facts they mention, their
voting in Council sessions or committee meetings, or because of any
action they undertake outside the Council in the course of
performing their parliamentary duties; 2. No Member shall be
interfered with in any manner, nor shall any search be made of a
205
Article (20) paragraph (2) the Palestinian Penal Procedural Code of 2001.
PLC member Abdul Rahman Zeidan filed a complaint to ICHR stating that “On 21/09/ 2010, a joint force
of the Security Services raided his home in the city of Tulkarem. They broke the door and entered the
house violently, grabbed him and put him in a corner of the house where they started inspection in the
house and his personal papers and files. Also the security forces did not present any search warrant or
arrest or any legal paper, did not identify themselves, and did not submit any documentation of the items
being confiscated from his house. He then was arrested after being shackled with metal devices, where he
was taken to the headquarters of the national security in Tulkarem. He was mocked and verbally abused.
He was released after half an hour, without a return of the seizures items.”
206
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