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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