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The Public Prosecution reported that it put on record 15 investigation files into
cases of torture and violation of citizens’ rights. These citizens were abused while
they were being arrested or their statements being taken. Complaints on these
files were brought forward by district Public Prosecution offices.
The ICHR lacks information on any compensations paid by Palestinian authorities
to victims of arbitrary and illegal arrests and detentions. Additionally, victims
claiming such compensations face obstacles, mainly prescribed by the aforesaid
Law on State Cases.
To this avail, the ICHR recommends that all persons detained on orders by
governors be immediately released. Security officers tasked with judicial duties
and prosecutors need to respect the law during arrests and detentions, making
sure that no persons are deprived of their liberty except under a judicial order and
in pursuance of the law. Judges and prosecutors need to be very cautious when
dealing with requests for the extension of detention. In addition to a careful review
of investigation files, judges and prosecutors will make sure that pretrial detention
fulfils the requirements of necessity and proportionality. The Public Prosecution
needs to ensure that court release orders are duly executed. In this vein, persons
refraining from implementing court decisions will be prosecuted and brought to
justice in accordance with the law and regardless of the level of their position.
2.1.4 Right to freedom of opinion and expression
The ICHR received 58 complaints, including 76 claims of abuses of the right to
freedom of opinion and expression. These comprised 40 complaints in the West
Bank and 18 in the Gaza Strip. Complaints received in the West Bank comprised
(68.9%) and in the Gaza Strip (31.1%) of all complaints filed to the ICHR in both
areas.
In the West Bank, the MoI spearheaded complaints against violations of the right to
freedom of opinion and expression. The ICHR received 14 complaints on summons
service, threats, restriction of the freedom media professionals, constraints on the
freedom of access to information, and biased use of the State media. The MoI
was followed by the Preventive Security, against whom nine complaints were
filed. These addressed summons service, harassment against the backdrop of the
right to freedom of opinion and expression, and access to social media sites. The
ICHR also received nine complaints against the General Intelligence, including on
summons service, harassment against the background of the right to freedom of
opinion and expression, access to social media sites, freedom of the press, and
restriction of the freedom of media representatives.
In the Gaza Strip, the Internal Security agency accounted for the most complaints
made against abuses of the right to freedom of opinion and expression. These
involved summons service, harassment against the background of the right
to freedom of opinion and expression, restriction of the freedom of media
The Status of Human Rights in Palestine