Detention without adequate warrant Failure to state Failure to bring Prohibition Denial of access reasons of detained against to a legal detention persons before communicating counsel competent with the The Independent Commission for Human Rights - ICHR courts outside 69 Claims of illegal detention in two years Chart 11: Claims of illegal detention: 2020-2021 Chart 11: Claims of illegal detention: 2020-2021 320 307 310 300 290 280 270 266 260 250 240 2021 2020 Years Of note, detention of persons without adequate warrant often involves other impingements. Of note, detention of persons without adequate warrant often involves other impingements. In adIn addition to the above, violations mainly include unwarranted house searches and dition to the above, violations mainly include unwarranted house searches and confiscation of elecconfiscation of electronic devices andClaims personal Claimshouse of illegal and arbitrary tronic devices and personal possessions. of possessions. illegal and arbitrary searches totalled 59, house searches 59, including the Strip. West Bank in the Gaza Strip. Thirty including 38 in thetotalled West Bank and 21 in 38 the in Gaza Thirtyand four21(34) claims were made on the four (34) claims were made on theand unlawful of electronic andand personal unlawful seizure of electronic devices personalseizure belongings (24 in the devices West Bank 10 in the Gaza Strip). (24 in the West Bank and 10 in the Gaza Strip). belongings 3. Administrative detention 3. Administrative detention Administrative detention, also known as “detention on orders by governors”, is effected by a decision from the governor, the Executive representative in respective governorates. It means that a citizen is detained on security grounds, allegedly to maintain public order and security. It is premised 85 No. 7 of 1958 in force in the West Bank. The on the Jordanian Law on the Prevention of Crimes law gives governors the power to detain citizens without filing criminal charges against them. The practice is based on undefined, overbroad causes, diverting away from the criminal justice system, including courts and Public Prosecution. The governor may issue orders on the detention of persons, against whom criminal suspicions are actually in place, but also departing from the criminal justice system. Some governors have used this unconstitutional power to disrupt the enforcement of court decisions on release of accused persons. To this effect, governors issue administrative detention orders against citizens, in favour of whom a court release was rendered. For example, on 25 February 2021, the Nablus Conciliation Court entered a decision ordering the release of T. A., but the Police agency failed to enforced the decision and continued to hold T. A. in custody. An order was issued by the Nablus governor to keep that citizen in detention. According to another complaint, immediately after a court decision on his release had been rendered, the Nablus governor detained a citizen despite the fact that he had deposited the bail set by the judge in the court’s fund. Governor-ordered detention claims totalled 41 of all claims of illegal and arbitrary arrest and detention. The majority of these (35) were reported to have taken placed in the West Bank, mostly in Twenty Seventh Annual Report 2021