64 The Independent Commission for Human Rights - ICHR 2.1.3 Right to personal liberty Individuals’ right to personal liberty is violated if they deprived of their liberty without legitimate grounds prescribed by law or without due process of law. Cases in point include deprivation of personal liberty on grounds of exercising lawful right or without adequate warrant issued by a competent body. Authorities deprive individuals of their right to personal liberty by confinement of the body in various forces, such arrest, detention, custody, and imprisonment, including pretrial detention or in execution of a final court ruling. Authorities may resort to restricting individuals’ personal liberty by placing constraints on the right to movement, including through ban on travel or placement under house arrest.70 The presentation below provides a review of the situation of the right to personal liberty, with a particular focus on illegal and arbitrary arrest and detention, cases of ban on travel for illegal grounds and/or without due process of law. 2.1.3.1 Illegal and arbitrary arrest and detention Violation of the right to personal liberty through illegal and arbitrary arrest and detention involves: − Detention against the background of exercising lawful rights, including the right to freedom of opinion and expression. Such detention lacks a sound legal basis. − Detention without due process of law, including detention in the absence of an arrest warrant and/or without judicial review. − Administrative detention (arrest without charge or trial), ordered by representatives of the Executive branch of government for security reasons. Most notable is governor-ordered detention. − Continued confinement of detained persons in spite the fact that a court decision is entered on their release. 2.1.3.1.1 Complaints on illegal and arbitrary arrest and detention The ICHR received 376 complaints on illegal and arbitrary arrest and detention by law enforcement agencies or other parties, including 279 in the West Bank and 97 in the Gaza Strip. These complaints entailed 473 claims of illegal and arbitrary arrest and detention71 (350 in the West Bank and 123 in Gaza). 70 71 Ban on travel and placement under house arrest are discussed under the “Right to freedom of movement” section below. Claimed illegal and arbitrary arrests and detentions outnumber complaints because the latter involve more than one claimed abuse. For example, a single complaint may include a claim of detention without adequate warrant, a claim of detention on grounds of exercising freedom of expression, and a claim of governor-ordered administrative detention. The Situation of Human Rights in Palestine