The Independent Commission for Human Rights - ICHR
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gation. Seventy five (75) cases of manslaughter were instituted to the Public Prosecution, including
61 remitted to the competent court, eight dismissed, and six still under investigation.
In the investigation of death incidents documented by the ICHR, the West Bank-based Public Prosecution provided the following replies on the circumstances of 90 cases of unnatural death (2.9 per
100,000 population):
− Representing 36.7 percent of all cases documented by the ICHR, 33 cases were not brought
on records by the Public Prosecution. Eight cases involved dead citizens holding Israeli-issued
Jerusalemite ID cards. These death incidents were reported to have taken place in areas under
control of the Israeli occupying authorities. On the other hand, the remaining deaths occurred in
areas controlled by the Palestinian Public Prosecution. Still, these were not appear on records of
the Public Prosecution.67
− Sixteen (16) cases were still under investigation by the Public Prosecution, accounting for 18
percent of total cases documented by the ICHR. Of note, the ICHR submitted these cases, which
were on records of the Public Prosecution, including murder, deliberate killing, and causing of
death by error (manslaughter). This means that more than 54 percent of all cases documented by
the ICHR in the West Bank were not uncovered by the Public Prosecution in 2021.
In the Gaza Strip, the ICHR documented 51 cases of death (2.4 per 100,000 population). In spite of
persistent follow-up efforts, the Commission did not receive any official information on these incidents from the Public Prosecution.
In general, a clear difference is noted between the ICHR documentation of death incidents and
Public Prosecution records in the West Bank, including crimes of murder, deliberate killing, or
manslaughter. This disparity will further increase, considering that another 33 cases of those documented by the ICHR were not originally entered on the Public Prosecution recorded for a variety
of reasons.
By the MoI68
In 2021, the MoI had on records the natural deaths of 11,542 persons, compared to 9,342 who died
for natural causes in 2020. Most striking is that the number of death incidents documented by the
MoI is much less than that reported by the MoH (12,974 deaths),69 namely, a difference of 3,632
dead persons. This will potentially bear a negative impact on government policies and measures
taken to enhance human rights in general. It requires that government bodies work seriously towards remedying this anomaly. The ICHR attributes the variation between the MoH and MoI to the
fact that deaths require a burial permit issued by the MoH. It is, therefore, a condition precedent
to ensure coordination between the MoH and MoI and connect the electronic information network
between both ministries.
According to the MoI records, security agencies did not receive any complaints on violations of the
right to life. On the other hand, the Military Justice Authority and Military Prosecution in the West
Bank and Gaza Strip did not respond to the ICHR requests to state the number of persons held to account for murder crimes during 2021. Worthy of note, the MoI reply indicated that 14 law enforcement officials were taken into custody and on trial before the military court on charges of murdering
Nizar Banat, an activist and candidate for legislative elections.
67
68
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Some of these cases were documented to have taken place in the Hebron city, but without adequate knowledge of the areas where they occurred
were not known. Consequently, the body in charge of investigation, i.e. the Palestinian or Israeli Public Prosecution agencies, was not identified.
MoI Reply No. 2105 to the ICHR, 20 February 2022.
MoH. Annual Health Report 2020, Palestine, May 2021.
Twenty Seventh Annual Report 2021