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criminal prosecution of those involved in arbitrary arrests and illegal detention.
•
The necessity for the judges of regular courts to carry out their constitutional
responsibilities in protecting human rights, especially in cases of pretrial
detention and extension of detention, by applying the principles of necessity,
proportionality and legality. As well as not accept the extension of the
detention of any person without having an investigation file that includes the
minutes of interrogation and evidence proving the risk of releasing them.
1.4 Developments in the right to freedom of opinion and expression
ICHR received (86) complaints, including (115) allegations of violation of the right
to freedom of opinion and expression, (58) complaints in the West Bank, and (28)
others in the Gaza Strip. This is compared to 2019, during which ICHR received (74)
complaints. These included (32) complaints in the West Bank and (42) others in the
Gaza Strip. We noted that there has been an increase in the number of complaints
related to violations of the right to freedom of opinion and expression for the year
2020, by an average of (12) complaints, where the increase in the West Bank was
by (26) complaints and the number decreased by (8) complaints in the Gaza Strip.
The number of apparatuses against which the commission received complaints
about violating the right to freedom of opinion and expression reached (9) civil
and security entities, (8) in the West Bank22, including (5) security services and (3)
civil departments. In the Gaza Strip there were (5) entities23, including two security
services and (3) civil departments.
Four types of allegations emerged, the first related to the freedom to use social
networking sites, the second related to harassment against the background of
freedom of opinion and expression, the third related to the freedom of the press
and media, while the fourth one was related to preventing human rights defenders
from carrying out their work.
The categories of victims varied according to complaints. The largest share of
(63) complaints was for (ordinary) citizens, with (46) complaints in the West Bank,
and in the Gaza Strip (17) complaints, including 1 complaint from a female, and
the remaining (23) complaints, were from journalists, bloggers, or partisans (12)
complaints in the West Bank, and (11) complaints in the Gaza Strip.
ICHR wrote to the relevant criminal accountability competent actors in the West
Bank (the Public Prosecution and the Security Forces Judiciary Authority). The
22 The bodies against which the commission received complaints about violating the right to freedom
of opinion and expression in the West Bank: the Ministry of Education, National Security, General
Intelligence, Military Intelligence, the Public Prosecution, the Ministry of Interior, Preventive Security,
and the police.
23 The bodies against which the commission received complaints about violations of the right to freedom
of opinion and expression in the Gaza Strip: the Ministry of Education, the Ministry of Interior, the Public
Prosecution Office, the police, and the Internal Security
Executive Summary 2020