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3. Demand the security agencies of the Palestinian Government in the Gaza Strip
to stop bringing civilians before the military judiciary and to abide by the
effective Palestinian legislation bringing all civilian detainees before the
competent civil judiciary to ensure a fair trail and fulfillment of rights to appear
before their natural judge and appeal with a higher judicial degree.
4. Handle complaints filed against the security agencies of the Government in
the Gaza Strip objectively and transparently, and punish those responsible for
arbitrary detention.
Chapter Three: The Right to Litigation
West Bank
1. Demand the Executive Authority take appropriate measures – including
instructions‐ to strengthen the independence of the judicial authority and
guarantee security agencies’ non‐interference.
2. Demand the Executive Authority respect and implement courts’ decisions
without delay.
3. Set up a specialized committee for a reform of the judicial system. This
committee shall be composed of representatives of the three authorities,
ICHR, the Bar Association and civil society institutions, with a view to take
practical steps to implement the basic principles of judicial authority
independence.
4. Stop bringing civilians before the military courts and bring them instead
before their natural judge in accordance with the provisions of the Basic Law
and international standards of human rights. This is because the military
justice authority has jurisdiction over military servicemen solely and lacks
minimum guarantees for fair trial.
5. Enact a law of the administrative court in a manner that guarantees two‐
level litigation to ensure justice.
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