A/HRC/28/80
consideration of the bill was postponed in the face of domestic and international opposition,
although it had not been withdrawn at the end of the period under review.
10.
Gaza
35.
According to Palestinian human rights organizations, as at December 2014 some
400 Palestinians from Gaza were detained in Israel for security and political reasons. Under
international law, and in particular article 76 of the Fourth Geneva Convention, protected
persons accused of offences must be detained and, if convicted, serve their sentences within
the occupied territory.
36.
During the military operation in Gaza, the Israel Defense Forces arrested 66 men
(A/HRC/28/80/Add.1), 31 of whom were transferred to Israel; the remaining 35 were
subsequently released. According to the Palestinian Centre for Human Rights and the Al
Mezan Center for Human Rights as at October 2014, 22 Palestinian detainees arrested
during the escalation remained in detention in Israel. At the end of the period under review,
the Al Mezan Center informed OHCHR that one of the 22 detainees had been reportedly
held since 24 August 2014without trial under the Unlawful Combatant Act 5762-2002.
37.
The right to family visits of Palestinian detainees from Gaza remained severely
restricted during the period under review. At 11 June 2014, no more than four relatives
could visit detainees once a month. Following the disappearance of three Israeli youths on
the West Bank on 12 June 2014, and throughout the escalation of hostilities in Gaza,
however, family visits were suspended for four months. They resumed in October 2014,
when the Government of Israel announced that it was easing measures, including a decision
to permit 50 detainees to receive family visits once a week. Detainees could receive up to
six relatives, including their parents, spouse and three children.27 However, human rights
organizations reported that, in practice, each detainee was only permitted to have three
visitors per visit.28
B.
Palestinian Authority
1.
Torture, ill-treatment and arbitrary detention
38.
During the period under review, OHCHR continued to monitor detention facilities
managed by the Palestinian Authority, focusing on detention centres managed by General
Intelligence and the Palestinian Preventive Security Service. Palestinian authorities
continued to cooperate with OHCHR, in particular by allowing it to have unannounced and
unrestricted access to the detention facilities of the Palestinian Preventive Security Service
(see A/HRC/25/40, para. 44). In 2014, OHCHR was also granted unannounced and
unrestricted access to the detention centres run by General Intelligence.
39.
Torture and ill-treatment are prohibited under international and Palestinian law alike.
On 14 May 2013, President Abbas issued an order requiring authorities competent to make
arrests and order detention and interrogations to abide by the Palestinian Basic Law and
relevant laws that prohibit all forms of torture and degrading treatment, as well as relevant
international human rights treaties.29 Notwithstanding these legal provisions, OHCHR
27
28
29
10
Gisha, “One step at a time: Israel revises criteria for exiting Gaza”, 26 October 2014.
Addameer, “The Palestinian prisoners of Israel”. Reportedly, as at November 2014, only three
relatives and only children younger than 10 years of age were allowed to visit detainees.
International Covenant on Civil and Political Rights, art. 7; Palestinian Basic Law, art. 13; Palestinian
Law of Penal Procedure No. 3, art. 29.
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