A/HRC/37/42 addition, the detention of Palestinians in Israel is in violation of the prohibition of forcible transfer of protected persons outside the Occupied Palestinian Territory. 40 Authority of Palestinian governors to order detention in the West Bank 24. The Secretary-General and the High Commissioner have previously expressed concerns about administrative detention practices by the Palestinian authorities that amount to arbitrary detention. 41 While there is no record of the total number of administrative detainees in the West Bank, the Independent Commission for Human Rights recorded 97 cases of administrative detention during the reporting period. 25. According to Palestinian law, individuals cannot be deprived of their liberty, except on the basis of an order issued by a competent judicial body, as provided by the law. 42 However, reports of arrests and detentions upon the order of a provincial governor are of continuous concern.43 Indeed, according to the Jordanian Prevention of Crimes Act of 1954, governors have the authority to arrest and detain individuals on the very general basis of maintaining public law and order. 44 As shown by cases monitored by OHCHR, the authorities have no apparent intention to charge or prosecute those arrested on such basis and may detain them for up to six months without the detention being reviewed by a judge or any other officer authorized by law to exercise judicial power. 45 26. The routine practice of detention on a governor’s authority is inconsistent with international law46 and raises concerns of arbitrary detention, not least as governors have apparently been using such power mainly to detain political opponents. 47 3. Violations of due process guarantees in criminal proceedings 27. Another factor perpetuating arbitrary detention is the violation of the right to a fair trial in criminal proceedings, when it is of such gravity as to give an arbitrary character to the deprivation of liberty. Through trial monitoring, OHCHR has identified several concerns about violations of fair trial rights in the Israeli justice system concerning Palestinians, as illustrated by the case of Mohammad el Halabi. 28. As previously reported,48 the Head of the Gaza World Vision office, Mohammad el Halabi, was arrested at Beit Hanoun/Erez crossing point on 15 June 2016 on allegations of diverting humanitarian funds to support armed groups in Gaza. On 3 July 2016, a United Nations Development Programme contractor was also arrested at Beit Hanoun/Erez crossing point on similar grounds. Mr. El Halabi was denied access to a lawyer for almost a month while the United Nations Development Programme contractor’s access to a lawyer was reportedly also delayed. Indeed, Israeli law allows investigation authorities to deny an individual arrested on suspicion of committing a security offence the right to meet with a lawyer for up to 21 days. 49 This provision is applicable to any investigation of security offences, as broadly defined in the law. 29. Delayed access to a lawyer often suggests that the detainee has been held incommunicado. In addition, Israeli law allows for detainees accused of a security offence to be banned from attending hearings.50 Hence, they may be held incommunicado for weeks 40 41 42 43 44 45 46 47 48 49 50 Fourth Geneva Convention, art. 49. See A/HRC/34/38, para. 54; A/HRC/34/36, paras. 55–58 and 70–74; A/HRC/31/44, para. 78; and A/HRC/31/40, paras. 56–58 and 69–70. See Amended Basic Law of 2003, art. 11; and Penal Procedures Law of 2001, art. 29. See A/HRC/34/38, para. 54; A/HRC/34/36, para. 58; and A/HRC/31/40, paras. 56–58. Prevention of Crimes Act of 1954, art. 4; Administrative Divisions Regulation No. 1 of 1966. See A/HRC/34/36, para. 58. In 2014, a petition was submitted to the Palestinian High Court, challenging the constitutionality of the Jordanian law in question, and was reportedly dismissed on procedural grounds. See A/HRC/34/36, para. 58. Ibid., para. 21. Criminal Procedure Law (Powers of Enforcement — Arrest), 1996, art. 35 (b). Decisions made in ex parte hearings can also be concealed (Counter-Terrorism Law of 2016, arts. 48– 51). 7