A/HRC/13/55
61.
The Minister of Interior of the Palestinian Authority has issued two decisions18 that
instruct security forces, within the context of handling detainees, to abide by human rights
norms, as enshrined in the Palestinian Basic Law and international instruments. OHCHR
has not been able to confirm whether the Palestinian Authority has ended resort to military
justice to deal with cases involving civilians. At the same time, the Palestinian Authority
established a committee on 25 January 2010,19 which is mandated to follow up on the
implementation of the Mission’s report in so far as it relates to the Palestinian Authority,
and to undertake the investigative duties and responsibilities required of it by the Mission’s
report.
62.
In paragraph 1974 (b) of its report, the Mission recommended that “the Palestinian
Authority and the Gaza authorities should release without delay all political detainees
currently in their power and refrain from further arrests on political grounds and in
violation of international human rights law”.
63.
According to information provided to OHCHR, 523 detainees are being held in the
West Bank for political reasons.20 OHCHR has received information that approximately
100 prisoners were being held by the de facto Gaza authorities as of 1 December 2009 for
political reasons.21 On 18 February it was reported that the de facto Gaza authorities had
released 22 persons who were allegedly detained on political grounds.22 The Palestinian
Authority and the de facto Gaza authorities both publicly claim that detainees and prisoners
are not held on political but rather only on security or criminal grounds.
64.
In paragraph 1974 (c) of its report, the Mission recommended that “the Palestinian
Authority and the Gaza authorities should continue to enable the free and independent
operation of Palestinian non-governmental organizations, including human rights
organizations, and of the Independent Commission for Human Rights”.
65.
There is no indication that any specific action has been taken to implement this
recommendation. Moreover, an escalation of attacks on human rights defenders in Gaza has
been observed in recent months. One example is the attempt by Hamas security forces to
close the Independent Commission for Human Rights’ office in Gaza on 22 October 2009.
It remains unclear who is responsible for the incursion into the premises of the Al-Dameer
Institute for Human Rights on 15 November 2009 and the attack against the Palestinian
Network of Non-Governmental Organizations on 13 December 2009.
H.
Action by the international community
66.
Paragraph 1975 of the Mission’s report contains five recommendations addressed to
a range of actors and partners in the international community. States and relevant
organizations have provided information on the implementation of those recommendations.
67.
In paragraph 1975 (a) of its report, the Mission recommended that “the States parties
to the Geneva Conventions of 1949 should start criminal investigations in national courts,
using universal jurisdiction, where there is sufficient evidence of the commission of grave
18
19
20
21
22
12
Palestinian National Authority, Minister of Interior, Decision No. 149, 20 August 2009, and
Palestinian National Authority, Minister of Interior, Decision No. 172, 17 September 2009
Palestinian National Authority, Presidential Decree No. 0105, 25 January 2010.
Information provided to OHCHR by the Independent Commission for Human Rights (ICHR) –
Palestine.
Figures provided by ICHR, as of 1 December 2009
See Jerusalem Post, “Hamas: We’ve released 22 Fatah prisoners as goodwill gesture,” at
www.jpost.com/Headlines/Article.aspx?id=169070.
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