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The Independent Commission for Human Rights - ICHR
they are not subjected to torture or ill-treatment. These visits provide a preventive measure against
torture and ill-treatment.
Additionally, in accordance with the Penal Procedure Law and Law on the Correction and Rehabilitation Centres (Prisons) as amended, the legal powers endowed on the Minister of Justice, Attorney
General, presiding judges of regular courts, and Minister of Interior in respect of detention and
prison facilities provide a tool for the prevention of torture and ill-treatment. In this context, the
West Bank-based HJC emphasises that presiding judges of regular courts visit prisons and detention
centres on a monthly basis. The Public Prosecution also confirms that prosecutors carry out periodic
and unannounced visits to detention facilities and correction and rehabilitation centres.
2.1.2.6 Accountability for violations of the right to physical integrity
The law criminalises torture. According to Article 32 of the Amended Basic Law, torture is a crime.
Criminal and civil cases resulting from torture may not be subject to any statute of limitations. The
PA will guarantee a fair remedy to those who suffer from such damage. Along this vein, Article 208
of the Jordanian Penal Law No. 16 of 1960 applicable in the West Bank provides that “(1) Whoever
inflicts any form of violence and force, not allowable by law, with the aim of obtaining a confession
for committing a crime or information regarding such a crime, shall be punished by imprisonment
from three months to three years. (2) If the acts of violence and force result in an illness or injury, the
penalty shall be from six months to three years unless such acts are punishable by a harsher penalty.”
Also, pursuant to Article 108 of the British Mandate Penal Law No. 74 of 1936 in force in the Gaza
Strip, “[a]ny person employed in the public service who subjects or orders the subjection of any
person to force or violence for the purpose of extorting from him or from any member of his family
confession of an offence or any information relating to an offence, is guilty of a misdemeanour.”
Additionally, the law created specialised mechanisms for the criminal prosecution of accused individuals. These include security personnel if they commit a crime in the course, or by reason, of the
performance of their official functions. This is applicable by the Public Prosecution, Military Prosecution, regular courts, and military tribunals which have jurisdiction to prosecute accused military personnel. Security agencies also established internal mechanisms for disciplinary prosecution.
These are set to discipline security personnel, who commit acts criminalised by law or run counter
to approved codes of professional conduct, including conduct that results in torture or ill-treatment.
This mechanism is in place in the West Bank in, e.g., the Bureau for Grievances and Human Rights
of the Police, MoI Inspector General Office, and complaints units at security agencies, such as the
Preventive Security and General Intelligence in the West Bank and the MoI Internal Security in the
Gaza Strip.
In the West Bank, the ICHR sent letters to the HJC, inquiring about any accountability measures
effected by judges against security personnel, involved in violations of the right to physical integrity. The HJC confirmed that judges invalidate, and never count on, confessions extracted under
coercion and torture in respective decisions. Judges document accused individuals’ claims in the
trial transcript. Judges also demonstrate their actual observations of the accused persons’ bodies and
issue orders to refer them to official medical committee for examination, prove claims, and provide
medical reports on these claims. Article 24 of the operative Penal Procedure Law obliges all civil
servants, including judges, to report crimes that come to their attention.
The West Bank-based Public Prosecution stated that it launched investigations into 14 complaints
on torture and ill-treatment, filed by citizens against security personnel. Of these, four complaints
were remitted to the Military Prosecution to proceed with the accountability of (military) defendants. According to the Penal Procedure Law, the Public Prosecution is responsible for the safety of
The Situation of Human Rights in Palestine