incidents of torture and threats in detention centres (181 in the West Bank and
236 in the Gaza Strip); and 110 cases of cruel, inhuman or degrading treatment
(40 in the West Bank and 70 in the Gaza Strip). Compared to … recorded by the
ICHR in 2017, these figures mark a decline in the number of complaints against
violation of the right to physical safety.
The State of Palestine took an important step towards enforcing the Optional
Protocol to the Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment, which it had ratified on 29 December
2017.7 On 16 October 2018, the Council of Ministers issued Decision
(02/224/17/CoM/RH) of 2018 on Adoption of the Terms of Reference for
Establishing a National Preventive Mechanism (NPM) for the Prevention of
Torture. The Decision also provides for forming a government team to follow
up on establishment of the NPM. Chaired by the Ministry of Interior (MoI),
membership on the team includes the President’s Office, Ministry of Foreign
Affairs and Expatriates (MoFA), Ministry of Justice (MoJ), Ministry of Social
Development (MoSD), Ministry of Health (MoH), General Secretariat of the
Council of Ministers, Public Prosecution, and ICHR as an observer.
Policies and measures taken to protect the right to physical safety were
substandard, however. The ICHR sent letters to the boards in charge of criminal
accountability at security agencies in the West Bank and Gaza Strip. The
Commission requested information about the number of security personnel,
who were held to account for committing acts that constituted a violation of
the right to physical safety. However, the ICHR did not receive any information
from relevant bodies on the number of security personnel, who were subject
to criminal or disciplinary measures for perpetrating torture and ill-treatment.
To safeguard the right to physical safety, the ICHR reiterates its recommendations
of previous annual reports. In particular, a legislative framework needs to
be in place with a view to incriminating torture and other cruel, inhuman
or degrading treatment or punishment. Binding legal provisions should be
devised, expressly prescribing fair compensation and remedies for victims of
torture. The provisions of the Penal Procedure Law and Revolutionary Penal
Procedure Law, together with relevant amendments, need to be adjusted
so as to promote judicial control over detention procedures and physical
safety of accused persons. Amendments will vest the court with the power to
consider, sua sponte, cases of torture and ill-treatment. The Public and Military
Prosecutions need to immediately refer persons found to have engaged in
torturing accused or detained persons, while the court is hearing their cases,
7
The Optional Protocol provides for establishing a national and international system to prevent torture,
including a national preventive mechanism (NPM) for the prevention of torture. To this end, the NPM
makes unannounced visits to places of detention in coordination with the Subcommittee on Prevention
of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (SPT). The NPM also
ensures that places of detention are open to the SPT without restrictions. The SPT can visit these places
at any time and submit comments to relevant states.
16
The Status of Human Rights in Palestine