A/HRC/16/71 14. According to information collected by OHCHR, the de facto authorities’ courts had delivered at least six death sentences since the beginning of 2010. Several of these sentences were delivered by military courts.15 In violation of international human rights, in particular article 14, paragraph 5, of the International Covenant on Civil and Political Rights, there is no right to appeal a verdict of a military court to a higher tribunal. It is the position of OHCHR that civilians should, in principle, not be tried by military courts. Other sentences were delivered by civil courts.16 In some cases, OHCHR received allegations of torture being used to extract confessions. For example, OHCHR received reports that one suspect was subjected to beatings and shabeh17 for 15–20 days. 15. Arbitrary detention, ill-treatment and torture of detainees by different branches of the de facto authorities’ security forces continued to be reported. In one incident, one man was detained by approximately five security personnel of the de facto authorities and was taken to a police station where he was ill-treated. According to information collected by OHCHR, security personnel tied him to a pillar and beat him with sticks. When he was examined at the hospital blood tests showed serious problems in both kidneys.18 16. Kidnapping and torture by unknown gunmen continued to be reported. In March, three masked gunmen kidnapped a former police officer of the Palestinian Authority. They interrogated him for around four hours regarding his political affiliation. He was beaten around the head with an iron chain and tortured with electric shocks, and threatened not to report his case. He suffered cuts and bruises all over and was hospitalized after being released. It was reported that the police started an investigation into the incident following a complaint lodged by the victim’s family. The results of the investigation had not been released at the conclusion of the reporting period.19 3. Shrinking space for the national human rights institution and civil society actors 17. These developments occurred as the national human rights institution (Palestinian Independent Commission for Human Rights, ICHR) and civil society organizations faced increasing restrictions on their activities. On 24 August, the Reform and Change bloc passed the second reading of a bill that would allow the Palestinian Legislative Council (PLC) to appoint unilaterally the ICHR governing commissioner. This contradicts the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles) on the composition and guarantees of independence and pluralism of national human rights institutions. The draft bill would also give PLC the power to control the properties and staff of ICHR in Gaza, and de facto separate ICHR in Gaza from ICHR in the West Bank. 18. On 31 May, the de facto authorities’ security forces raided civil society organizations in Rafah and Gaza City, searching premises, confiscating equipment and documents, and eventually closing certain organizations.20 The de facto authorities stated that some of these organizations were involved in Fatah-affiliated political activities, while others had engaged in “immoral conduct”.21 On 30 November, Gaza police implemented a decision taken by the de facto authorities’ attorney general to shut down all offices of the 15 16 17 18 19 20 21 6 For example, on 22 September, Omar Hmeidan Kaware was sentenced by a Gaza military court to death by firing squad. For example, on 2 November, Zahi Abdul Rahman al-Masri was sentenced to the death penalty. The term shabeh is understood to include stress positions, sensory isolation, sleep deprivation and infliction of pain, and often one or a combination of these methods for prolonged periods. Case monitored by OHCHR, 19 October. Case monitored by OHCHR, 17 March. Case monitored by OHCHR over three weeks (2–23 June). Ibid.