93 In terms of arbitrary detention without a warrant, ICHR recorded (244) violations during the year 2010, with the Security Services’ detention without a warrant arrest issued by the Public Prosecutor. It also reported (68) violations of the Security Services conducting inspections without a warrant issued by the Public Prosecution.99 1‐ Guarantees Regarding Interrogation and Legal Accusations The Palestinian legislature has developed interrogation and indictment procedures with a number of safeguards to ensure the defendants of their rights throughout the process. These guarantees are originally derived from the Palestinian Basic Law100, which stipulates that interrogation should not be undertaken unless all freedoms of the defendant were guaranteed during the process and enabled a discussion and refutation of the evidence. Interrogation is both a primary procedure of investigation as well as a means for defense. ICHR recorded (26) violations in the Gaza Strip on the non‐indictment of detainees, and about (36) violations stating that detainees were not brought before the Public Prosecutor or the judiciary. On 21/09/2010, ICHR received a complaint from Kamel Massad Abu Samhadana, 35, from Deir al‐Balah, calling for the police to investigate his detention since 05/07/2010 without charge, or without being brought before any competent judicial authority. Also on 23/09/2010, ICHR received a complaint from Mohammad Nayef Abu al‐Jidyan, 26, from Beit Lahia, demanding the Internal Security Service to investigate his detention on 16/09/2010 without an arrest warrant issued by the Public Prosecution and without any charge or without being brought before any competent judicial authority. 99 Among the complaints received by ICHR in this context, there was a complaint from Ahmad Ibrahim al‐ Najjar, 24, from Khan Younis, demanding the Internal Security Service investigate his detention on 23/01/2010 near Abu ‘Aqlein bakery in Khan Younis, without showing an arrest warrant issued by the Attorney General. Another complaint by Mahmmoud Abdullah Al‐Halabi, 22, from Gaza, demanded the police investigate his detention on 31/01/2010 by the General Intelligence Service without an arrest warrant issued by the Public Prosecutor. A complaint by Nofouth ‘Atiyeh el‐Bakri, 35, from Khan Younis, demanded the Interior Ministry investigate entering her apartment in Gaza City on 07/03/2010 by a group of people from the Interior Ministry without presenting a search warrant issued by the Attorney General. 100 Article (14) of the Amended Palestinian Basic Law for the year (2003) states that the accused is innocent until proven guilty in a legal trial that safeguards the guarantees for self defense, and that every person accused of a felony must have a lawyer to defend him. Article (12) of the Amended Basic Law of the year 2003 stipulates that each person arrested or suspended shall be informed of the reasons for their arrest and must be promptly informed in a language they understand of the charges pressed against them, allowed access to a lawyer, and brought to trial without delay.

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