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without having clarifications of any classification of the subject of these files and
whether they relate to the crime of torture, murder, illegal detention, or attack
on Peaceful gatherings, or refraining from executing judicial rulings to release
accused persons, or other crimes.
As for the accountability of those involved in torture and ill-treatment in the Gaza
Strip, we addressed the Public Prosecution there to inquire about the cases of
investigation and accountability that took place this year against those involved in
torture and ill-treatment, unfortunately, we did not receive any responses to that
effect.
Recommendations
ICHR reaffirms its recommendations in the previous annual reports, none of which
have yet been implemented, particularly:
•
Adoption of a law against torture and ill-treatment, in line with the Convention
against Torture “CAT”, to which the State of Palestine acceded seven years
ago, including a comprehensive and extensive definition of torture and illtreatment, criminalizing them with deterrent criminal penalties, dismissal
from public office, and redress and compensation for victims.
•
Assigning the Civil Public Prosecution and the regular judiciary as the
exclusively competent authorities to prosecute those involved in torture and
ill-treatment, regardless of their job description, whether they are military
or civil servants, in line with Article 101 of the Basic Law, which denies any
jurisdiction for military judiciary outside the Military matter.
•
The necessity for the judges of the regular courts to assume their responsibilities
in protecting human rights, by maintaining official records in cases where it
appears that detainees who are brought before them have been subjected to
torture and ill-treatment, and to refer these cases to the Civil Public Prosecution
for investigation according to the rules and law
•
Adoption of the law of the national preventive mechanism to prevent torture
and ill-treatment based on the Optional Protocol to the Convention against
Torture, to which the State of Palestine has acceded since 2017, in a way
that guarantees the independence of the mechanism and its members from
official authorities.
•
The need for detainees to be brought before civil medical departments, which
in turn must abide by medical ethics, and to provide detainees with medical
reports on their physical safety, independently and professionally, with an
emphasis on the need for accountability in the event that doctors violate their
duties and medical ethics.
Executive Summary 2020