76 The Independent Commission for Human Rights - ICHR Chart 19: Violations by agency Chart 19: Violations by agency 112 120 104 100 75 80 60 32 40 29 35 39 20 6 /W es Go JS t… C ve /W rn or es s’ tB Of an fic k es /W es tB an k Po lic In e te /G rn az al a Se cu Go rit y/ ve rn Ga or za s’ Of fic Pu es bl /G ic Pr az os a ec ut io n /G az a 4 Se cu rit y /W es en ce Pr ev en tiv e te llig ra l In Ge ne Po lic e /W es t Ba nk t… 0 2.1.3.4 Preventive action to prevent violation of the right to personal liberty 2.1.3.4InPreventive actioncontinued to prevent violation of the right personal liberty 2021, the ICHR to make periodic visits to to detention centres and prisons to monitor detention conditions, the visits situation of detainees andand prisoners, andmonitor ensure In 2021, the ICHR continued to makeassess periodic to detention centres prisons to thatconditions, they are notassess subjected to tortureofordetainees ill-treatment and that noand oneensure is detained on arbitrary detention the situation and prisoners, that they are not or illegal grounds. These visits provide to illegal ward grounds. off illegal and subjected to torture or ill-treatment and that no one ais preventive detained on measure arbitrary or These visits provide a preventive measure to ward off illegal and arbitrary arrest and detention. However, failure to allow the ICHR and civil society organisations to carry out unannounced visit will impact 93 detention. effective prevention of illegal and arbitrary arrest and According to the Penal Procedure Law and Law on the Correction and Rehabilitation Centres (Prisons) as amended, the legal powers vested in the Minister of Justice, Attorney General, presiding judges of regular courts, and Minister of Interior in respect of detention and prison facilities provide an additional tool for the prevention of illegal and arbitrary arrest and detention. The HJC stated that HJC representatives made many visits correction and rehabilitation centres, prisons and detention centres, holding cells, and detention centres of security agencies. The HJC highlighted these visits, which are conducted by presiding judges of regular courts on both a monthly and an unannounced basis. Along the same vein, the Public Prosecution also confirmed that prosecutors carry out periodic and unannounced visits to prisons and detention centres. 2.1.3.5 Accountability for abuses of the right to personal liberty The law incriminates illegal and arbitrary arrest and detention. According to Article 32 of the Amended Basic Law, illegal and arbitrary arrest and detention are a crime. Criminal and civil cases resulting from torture may not be subject to any statute of limitations. The PA will guarantee a fair remedy to those who suffer from such damage. To this avail, Article 178 of the Jordanian Penal Law No. 16 of 1960 in effect in the West Bank provides that “[a]ny civil servant, who arrests or confines a person in circumstances other than those provided for by law, shall be punished by imprisonment from three months to one year.” Also, in accordance with Article 262 of the British Mandate Penal Law No. 74 of 1936 applicable in the Gaza Strip, “[a]ny person who unlawfully arrests or confines another is guilty of a misdemeanour and is liable to imprisonment for one year or to a fine of fifty pounds […].” After a court release is entered, keeping detained persons in custody is considered a The Situation of Human Rights in Palestine