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under the authority of the Civil Public Prosecution for the supervision and control
of their functions and operations.
Most Prominent Violations of the Right to Proper Legal Procedures (Arbitrary
Detention)
ICHR believes that the continued detention of a number of citizens in an arbitrary
manner by the security agencies is a stark violation of the right to due process, in
addition to safeguards guaranteed by the Palestinian Basic Law and the Penal
Procedural Code for the protection of the right to personal liberty. Perhaps the
most noticeable of these violations is the failure to follow any of the legal
procedures that the law enforcement agencies are obligated to abide by in the
execution of detention, arrest and search operations, which represents a
deprivation of personal liberty without legal justification.
The diversity of violations observed by ICHR throughout 2010 mostly pertained to
the right to due process in the West Bank and the Gaza Strip, as observed in the
following measures: arbitrary detention of citizens on political grounds; the
presentation of civilians before the military judiciary commission; arrest without
a warrant from a competent authority; detention without indictment or with
invalid or non‐serious charges; non‐presentation of detainees before judicial
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Officers and non‐commissioned officers the Preventive Security agencies in accordance with
Article (7) of the Decision of Law on Preventive Security for the year 2007, which bestows on the
officers and non‐commissioned officers of the Preventive Security agencies the status of judicial
police in order to facilitate the direct execution of the approved jurisdictions of the Preventive
Security as established by the provisions of the law.
Health inspectors, in accordance with Article (78) of the Palestinian Public Health Law No. (20) of
the year 2004, which stipulates that: inspectors of the Ministry of Health whose appointment
was issued by a ministerial decision shall have the status of judicial police officers during the
conduct of their tasks, and thereby have the power to identify crimes committed in violation of
the provisions of this law and document them in personally signed records.
Environmental inspectors, as stated in Article (51) of the Environment Law No. 7 for the year
1999, which states that: the Ministry's inspectors and other inspectors assigned by other
Ministries and parties shall have the status of judicial officers in accordance with the law and
thereby have the power to identify environmental violations and crimes committed in violation
to this law.
Childhood Protection Advisors, in accordance with Paragraph 1 of Article (51) of the Palestinian
Child Law No. (7) for the year 2004, which states that: Childhood Protection Advisors shall have
judicial policing capacity in the application of the provisions of this law.
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