A/HRC/28/80
forces to sufficient scrutiny, which raises concerns that such cases of detention may be
arbitrary.32
44.
OHCHR is concerned that, in most of the cases monitored, detainees were unable to
meet their lawyers in private during the interrogation period, in contravention of Palestinian
and international law.33 Many detainees reported meeting their lawyers for the first time at
the first hearing in court (usually held 72 hours after the arrest).
45.
Incommunicado detention remains a cause for concern (A/HRC/25/40, para. 45). In
a case monitored by OHCHR in January 2014, a detainee reported that he had been denied
contact with his family and his lawyer for 22 days. In another case monitored in October
2014, a detainee reported that he was not permitted to contact his lawyer and family for 13
days. In its general comments No. 20 (CCPR/C/GC/20, para. 11) and No. 35
(CCPR/C/GC/35, para. 35), the Human Rights Committee noted that incommunicado
detention increased the risk of torture and ill-treatment, and could also violate several other
rights, including the rights to life, to personal integrity and to due process of law.
46.
OHCHR received information from numerous detainees claiming that they had been
detained by order of the provincial Governor. Such detention is provided for under
domestic law,34 with the stated objective of protecting detainees, maintaining public order
and preventing crimes related to national security. 35 This type of detention is reportedly not
reviewed by a judge or any other officer authorized by law to exercise judicial power, in
contravention of international law. 36
47.
In one case monitored by OHCHR, a Palestinian man was detained by governor
order four times over a seven-month period. On 27 March 2014, a court issued a release
order that was not implemented because the Governor decided to keep the detainee in
detention for an additional three weeks on the grounds of public order. He was detained
again from 7 to 14 August, and from 1 to 7 and from 12 to 16 November. According to the
information received, the order was aimed at protecting the man from alleged death threats
in relation a case of a so-called “honour” killing. In that case, the Palestinian authorities
should have taken the measures necessary to protect the man’s life, including by
investigating the death threats, rather than deprive him of liberty as a “protective” measure.
32
33
34
35
.
12
36
According to the Human Rights Committee, the decision to keep a person in detention is arbitrary if it
is not subjected to a periodic review of the justification to continue detention. See for example
CCPR/C88/D/1324/2004, para. 7.2.
International Covenant on Civil and Political Rights, art. 14; Human Rights Committee general
comment No. 32 (CCPR/C/GC/32), para. 34, Body of Principles for the Protection of All Persons
under Any Form of Detention or Imprisonment, Principle 18. The Basic Principles on the Role of
Lawyers establish that States should ensure prompt access to a lawyer in any case no later than 48
hours after the arrest or detention. According to Palestinian Law on Penal Procedure No. 3, art. 103,
communication restrictions imposed during the interrogation period do not apply to lawyers, who may
contact their clients without any restriction.
Jordanian Crime Prevention Law 1954, Palestinian Presidential Decree No. (22) of 2003 on the
capacities of Governors. Palestinian law still includes some Jordanian law dating from the time of
Jordanian control over the West Bank, including East Jerusalem.
Jordanian Crime Prevention Law 1954, art. 4 and Jordanian Administrative Divisions Regulation
1966, art. 12
International Covenant of Civil and Political Rights, art. 9. Judicial control of detentions applies in all
cases, without exception. See also CCPR/C/GC/35, para. 32.
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