A/HRC/19/20 40. Major obstacles continue to prevent most Palestinians from seeking accountability. The statute of limitations under Israeli law requires that a complaint for civil damages must be brought within two years of the date of the incident, or the right to compensation is lost. The restrictions on movement and the large number of victims have meant that victims are often unable to submit their cases within the required time frame. Restrictions on movement have also meant that victims or witnesses have been unable to appear in court (when needed) or access legal counsel in Israel, while requests by lawyers to enter Gaza have also been consistently denied. Reports indicate that since July 2007, no individuals from Gaza have been allowed to travel to appear before the court. In addition, the setting of a high court fee and a court insurance/guarantee before the case can begin, and its application only to Palestinian claimants, serves to limit, and ultimately deny, access to justice. Few victims can afford to pay the court insurance, an estimated NIS 10,000 (US$ 2,800), which has led to cases being dismissed and closed.40 C. The Palestinian Authority 1. Detention and treatment in detention 41. According to the Palestinian Independent Commission for Human Rights (ICHR), the Palestinian General Intelligence Agency announced that it would stop trying Palestinian civilians before military courts. The decision, which entered into effect on 16 January 2011, also puts an end to the practice of detaining persons without a warrant from the Office of the Public Prosecutor, a practice that contravened the Palestinian Code of Criminal Procedure.41 In a meeting with PSS in February 2011, OHCHR was informed that on 31 December 2010, the decision to stop the use of military courts had entered into force. All detainees would be tried by civil courts with the exception of people held prior to that date. After a review of the files of persons held in Juneid Prison in Nablus, PSS released 19 detainees and six detainees were referred to civil courts in Nablus. OHCHR was also informed that PSS had issued strict instructions on the treatment of detainees. Accounts collected by OHCHR from detainees in Juneid Prison indicate that treatment of detainees in that prison had generally improved. 42. Despite these positive developments, OHCHR continued to receive reports of arbitrary detention and ill-treatment in detention by security services of the Palestinian Authority in the West Bank. ICHR received a total of 398 complaints by Palestinians who claimed that they were deprived of their freedom and were arbitrarily detained by members of the security agencies operating in the West Bank between January and April 2011.42 In the meantime, several orders of release issued by the Palestinian High Court of Justice due to illegality of detention were not implemented by the executive authorities in the West Bank 40 41 42 See Palestinian Centre for Human Rights, “Genuinely unwilling: an update - the failure of Israel‟s investigative and judicial system to comply with the requirements of international law, with particular regard to the crimes committed during the offensive on the Gaza Strip”, August 2010, p. 73. ICHR, “The General Intelligence Agency issues a decision to refrain from bringing civilians before military courts”. Available from www.ichr.ps/etemplate.php?id=239. See ICHR Monthly Reports January – April 2011: http://home.ichr.ps/en/2/5/604/monthly-reports-2011-monthly-reports-2011.htm. 15