A/HRC/37/42 through the use of executive powers. Administrative detention is used by both the Israeli and the Palestinian authorities to circumvent the national criminal justice system in order to detain individuals for vague or undisclosed security reasons, against whom evidence is insufficient, or who are due to be released. Cases monitored by OHCHR reveal how all duty bearers blatantly disregard the principle of fair trial and due process guarantees, particularly when an individual is deemed to endanger national security, public order or political cohesion, or has information of interest to the authorities. 63. Palestinians, including children, are subjected to arbitrary arrest and detention. Detainees’ lack of knowledge of the grounds for detention and its length further violates rights inherent to human dignity, in addition to the obligations of Israel — as the occupying Power — to treat the Palestinian population humanely at all times. It is of serious concern that, in most cases, detention appears to be motivated by discriminatory grounds, including religion, national origin, birth or other status and political or other opinion. 64. Human rights law prescribes that anyone who has been the victim of unlawful arrest or detention should have an enforceable right to compensation. 85 However, there is no realistic way for Palestinian victims of arbitrary detention to seek redress, as their detention is usually covered by the seal of legality of a court ruling or a decision of the executive. Recommendations to all duty bearers 65. All violations and abuses of the human rights of Palestinians must immediately cease and be promptly, impartially and independently investigated; those responsible must be held accountable and the victims provided with effective redress. All duty bearers and parties must respect international law and comply with their obligations and responsibilities under international human rights law and international humanitarian law. 66. All duty bearers must end their practices amounting to arbitrary detention, in particular they should: (a) End the practice of administrative detention and ensure that all administrative detainees are promptly charged or released; (b) Ensure that the rights of detainees are respected, including all rights inherent to a fair trial, including the right to defence and not to be tortured or illtreated; (c) Ensure that all children are treated with due consideration for their age and detained only as a last resort and, if so, for the shortest possible time, and for the purpose of rehabilitation; (d) Respect, protect and fulfil the rights to freedom of expression, opinion and peaceful assembly and remove all unlawful restrictions to these rights from statutory law; (e) Ensure that the rights of journalists and human rights defenders in the Occupied Palestinian Territory are respected and protected and that they can conduct their activities without harassment or being subjected to legal proceedings in violation of international human rights law; (f) Ensure that victims of arbitrary detention are provided with appropriate compensation. 85 International Covenant on Civil and Political Rights, art. 9 (5). 15