The Independent Commission for Human Rights - ICHR 63 accused persons who appear before it. If it finds any signs of violence or torture, the Public Prosecution produces a record of the incident and hears the statement of the victim. However, rather than questioning the accused person, the Public Prosecution refers the file to the Military Prosecution, which carries on the interrogation of the accused military officer. The Public Prosecution orders that the investigation files brought against security personnel be remitted to the Military Prosecution . According to a ruling entered by the Supreme Constitutional Court in 2018, Police and security personnel fall within the jurisdiction of military, rather than civilian, courts. Also, according to a MoU between the Public Prosecution and Military Prosecution, the latter is competent of opening criminal investigations with security officers into crimes imputed to them, including the crimes of torture and ill-treatment. All of this is notwithstanding the fact that the Basic Law provides that military courts may not have any jurisdiction beyond military affairs (Article 101). The ICHR sent letters to the Military Prosecution and Military Justice Authority in the West Bank, inquiring about cases of investigation and accountability brought against individuals involved in the crimes of torture and ill-treatment. Unfortunately, the ICHR received no replies. Recommendations In the light of the foregoing presentation on the situation of the right to physical integrity, the ICHR reiterates the recurring recommendations it has made in previous annual reports, none of which has seen the light of day. Namely, • An anti-torture law needs to be approved in consistence with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which the State of Palestine acceded to seven years ago. The law will provide a comprehensive and expansive definition of torture and ill-treatment. This crime will be criminalised by deterrent penalties and removal from public office, ensuring redress and compensations for victims. • The Public Prosecution and civil courts will be solely competent of prosecuting persons involved in torture and ill-treatment, regardless of their job descriptions, either military personnel or civil servant. This will be in conformity with Article 101 of the Basic Law, which provides that military courts may not have any jurisdiction beyond military affairs. In this context, the crime of torture has nothing to do with military affairs. • The Public Prosecution needs to bear its responsibility for the criminal prosecution of the perpetrators of torture and ill-treatment. • Civil court judges need to assume their responsibilities for protecting human rights. They will compile official records of any cases, in which detained persons brought before them appear to have experienced torture and ill-treatment. These cases will be referred to the Public Prosecution for investigation in due form. • The NPM Law needs to be approved in reference of the OPCAT, which the State of Palestine acceded to in 2017. This will ensure that both the NPM and the NPM members are independent of government bodies. • Detained persons need to have access to civil medical staff and given medical reports on their physical integrity in an independent and professional manner. Emphasis will be placed on the need for accountability in the event medical staff breach their professional duties and medical ethics. Twenty Seventh Annual Report 2021