A/HRC/16/24 and the de facto authorities in Gaza so as to have access to witnesses and victims and to inspect the sites of rocket attacks on Israeli territory. The Commission indicated that it had not received a positive response either from Israel or from the de facto authorities in Gaza and therefore was not in a position to provide any further update with respect to the rocket attacks on Israel launched from Gaza. 50. The Committee was advised that on 18 October 2010, the Council of Ministers of the Palestinian Authority established a Ministerial Committee to follow up on the recommendations of the Independent Investigation Commission. The Ministerial Committee was mandated to issue recommendations to the Council of Ministers for the implementation of the Commission report and submitted its report – a copy of which was made available to this Committee – to the Council of Ministers in February 2011. 51. The Ministerial Committee recommended a number of short-term strategies that are to be implemented within two months of the adoption of the report. In particular, it called on the General Prosecutor to investigate any allegation of torture or ill-treatment in detention centers;36 it specified that civilians should not be subject to detention by the military justice system, but that all civilian detainees should be transferred to the ordinary civilian justice system; it urged the General Prosecutor to prosecute any official who refuses to implement a court decision, and that any such official should be dismissed from his functions; and it recommended that the Prime Minister issue clear directives instructing all relevant officials that clearance by security services is not a legal requirement for employment in the civil service. 52. With respect to long-term strategies, the Ministerial Committee proposed six recommendations: (a) to establish a Constitutional Court; (b) to adopt an administrative courts act creating first and second instance administrative courts; (c) to amend the prisons act to allow systematic oversight and monitoring by the Ministry of Justice; (d) to enact the Palestinian criminal code; (e) to amend the Palestinian Code of Criminal Procedures to separate investigating functions from prosecution functions; and (f) to adopt legislation to regulate the functioning of the military justice system, criminal offenses, criminal procedure and other issues related to the jurisdictional scope of military justice. 2. Assessment 53. In its previous report, the Committee noted that the Independent Investigation Commission had undertaken independent and impartial investigations in a comprehensive manner (A/HRC/15/50, para. 70). The Committee has received no new evidence to challenge this finding. Rather, on the contrary, the Commission has persevered in attempting to investigate the rocket attacks on Israeli territory, as well as other violations allegedly committed in the Gaza Strip, but has not been provided with access to interview the victims or to inspect the scene. Such limitation seriously hampers the adequate fulfillment of its mandate. 54. The Committee finds that since the adoption of the Independent Investigation Commission report, the implementation of the Commission’s recommendations, in particular those related to the obligation to investigate and prosecute allegations of arbitrary detention, torture and ill-treatment, and extrajudicial killings,37 has been limited. The General Prosecutor documented one case in particular, in which five security officers were charged with the murder of an individual detained by the Palestinian security services. In 36 37 The report further refers to decision 149 (2009) of the Ministry of Interior prohibiting the use of torture or ill-treatment by security services. See the report of the Secretary-General on the second follow-up to the report of the United Nations Fact-Finding Mission on the Gaza Conflict (A/64/890), annex II, paras. 464-465. 13