to criminal investigation. Administrative accountability should be enforced to
persons accused of committing torture and ill-treatment by means of serious
administrative investigations. Administrative sanctions will be imposed on
those found to have been involved in perpetrating torture. The Joint Security
Committee should be effectively dissolved. Police personnel should be subject
to the jurisdiction of the Public Prosecution and regular courts in relation to
charges involving abuses of the right to physical safety or other criminal acts.
2.1.3 Right to liberty and security of person
In 2018, the Law by Decree No. 9 of 2018 on the High Criminal Court and Law
by Decree No. 10 of 2018 on Cybercrime were enacted. The Law on the High
Criminal Court No. 24 of 2017 was repealed following objections by the ICHR,
Palestinian Bar Association, and civil society organisations. The powers which
the Public Prosecution had for issuing orders on travel ban and inclusion on
pre-arrival screening lists, were removed. After it used to cover all crimes
against the state security, including misdemeanours, the jurisdiction of the
High Criminal Court has been limited to crimes against internal and external
security of the state. In comparison to with the former Law by Decree No.
16 of 2017, the Law by Decree on Cybercrime No. 10 of 2018 also marked a
slight progress, particularly in relation to the provisions on incrimination and
penalties. Earlier versions of these provisions posed a real threat to the right
to freedom of opinion and expression. To this avail, overbroad and loosely
defined provisions on incriminate were repealed. Also, harsh penalties were
mitigated.
In addition, the Jordanian Law on the Prevention of Crimes of 1954 continued
to be in force in the West Bank. Clearly derogating from the right to liberty
and security of person, the Law provides that persons may be detained by
administrative, rather than judicial, decisions, allegedly to maintain security
and public order.
The ICHR received 1,334 complaints on violations of the right to liberty and
security of person, including 764 in the West Bank and 570 in the Gaza Strip.
These complaints involved 1,407 claims of abuses of the right to liberty and
security of person, including 810 claims in the West Banks and 599 in the Gaza
Strip.
In this context, of all violations of the right to liberty and security of persons,
the ICHR documented 1,088 incidents of arbitrary detention, including 483 in
the West Bank8 and 325 in the Gaza Strip. Of these, 125 persons were detained
against the backdrop of the right to freedom of opinion and expression (102
in the West Bank and 23 in the Gaza Strip). House searches without legallyissued search warrants comprised 53 instances, including 26 in the West Bank
8
These included 201 incidents of detention on grounds of so-called governor-issued orders.
Executive Summary 2018
17