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What is really giving us a glimmer of hope is that our political establishment is becoming
aware of the dangers awaiting us and is, in consequence, doing everything it possibly
can to avert reaching the point of no return. Accordingly, the Palestinian Cabinet has,
more than one and a half years ago, made the decision to oblige all parties concerned to
respect all decisions and rulings that are passed by Palestinian courts at all levels. While
we in the ICHR have welcomed such a decision and have congratulated the Cabinet on
taking such an important step, we have nevertheless come across many cases where
there were violations and lack of commitment to decisions made by the courts.
At a later stage orders and instructions were sent to all security chiefs to closely monitor
any case of torture and to ensure the non‐existence of any form of torture in the future.
Despite that, various forms of torture and inhuman or degrading treatments continued
to exist. In order to end such an inhumane practice, a declaration prohibiting all forms
of torture or degrading treatments should be made by the President of the PNA, and in
accordance with the definitions in the Convention Against Torture. Additionally, those
who physically engage in torturing people or who give the orders to torture or even try
to hide acts of torture should be prosecuted. The ICHR has repeatedly asked the
President and the Prime Minister to make such declaration. It is at present still
requesting and will continue to request the PNA to do so until a declaration to this
effect is made.
Another achievement regarding the implementation of human rights in Palestine was
made, when the security apparatuses took the decision on January 15, 2011 to refrain
from bringing civilians to military courts and from engaging in arbitrary arrests.
However, we in the ICHR and in the human rights community in general are still waiting
for a declaration to be made by the President of the PNA that will further consolidate
such a decision and will thus ensure an irreversible spiritual as well as textual
commitment on the part of the security apparatuses to abide by the contents of the
decision. However the more important step which we are still awaiting is a decision that
will stop all forms of arbitrary arrests.
A relatively more important development took place, however, when the Prime Minister
recently promised to put an end to what came to be known as the “security clearance”.
We in the ICHR as well as all those citizens who were arbitrarily removed from their
positions as public servants and those who were denied the right to be employed in
public service on the basis of equal opportunities to all and without any discrimination,
all hope that the system of “security clearance” will be abolished very soon, and the
sooner the better...!
The compass therefore exists, but it only lacks the political will. Historical experiences of
nations confirm that there is no value in constitutions and laws if there is no political will
to implement them and protect them! Accordingly, I truthfully believe that the political
establishment needs to take further serious steps to ensure respect for the system of