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5. All law enforcement bodies shall respect and implement the decisions of the
regular courts related to the release of detainees. It was proven to ICHR that
some Security Services, including the Preventive Security Service, the General
Intelligence Service and the Military Intelligence Service, often refrain from
implementing the decisions of the regular courts in those courts’ calls for the
release of detainees or decisions regarding release on bail. The detention of
detainees has continued in spite of the decisions of the regular courts to release
them.
6. There shall be a halt to the arrest and detention of civilians by the Military Public
Prosecution and the Military Judiciary Commission, primarily because it
constitutes a clear and explicit appropriation of the powers of the civil judiciary,
and deprives citizens of the right to appear before their natural judge, a right
which is protected and confirmed by the national legislation and international
human rights covenants. ICHR considers that the Military Public Prosecution and
the Military Judiciary Commission, having granted themselves the authority to
arrest and detain civilians, has resulted in exercising the duties of the judicial
police against civilians by the Military Security Services. This has led to an erosion
of rights and freedoms guaranteed by the Palestinian Basic Law and the
Palestinian Criminal Procedure Code.
7. The Military Public Prosecution and the Military Justice shall stop exercising the
authority to investigate cases which are in fact under the jurisdiction of the civil
judiciary, as well as people for whom the civil judiciary has specialization in
handling their disputes and crimes. This is due to the fact that it constitutes a
clear attack on the rights and freedoms of individuals, especially because the
Palestinian civilian judiciary, and through its highest judicial references, namely
the Supreme Court of Justice, confirmed under dozens of court rulings the
inadmissibility and illegitimacy of prosecuting and arresting Palestinian civilians
by the Military Public Prosecution and the Military Justice.
8. Release of all detainees held by the PNA and the De Facto Authority in the Gaza
Strip, including those who have not been brought before the competent normal
judiciary.
9. Prohibit all forms of torture, beating and mistreatment during interrogation. It
was proven to ICHR that the Security Services exercise a wide range of forms of
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