A/HRC/28/80
documented cases of torture and ill–treatment, as well as arbitrary detention, in particular of
persons affiliated with political opposition groups.
40.
Detainees informed OHCHR that they had often been blindfolded, handcuffed,
slapped in the face, beaten on different parts of their bodies, forced into shabeh (a stress
position for an extended period of time) and received threats against themselves and their
families with the aim of obtaining a confession. In a case monitored by OHCHR in
September 2014, a detainee reported being forced to stand with his hands up against the
wall for some 13 hours during the first day of his interrogation. On the second day, he was
slapped in the face, and kicked in the legs and abdomen for about three hours. The detainee
claimed that he confessed in order to avoid further beating.
41.
Detention conditions, including overcrowding, inadequate sanitary conditions, and
lack of access to natural light and recreational exercise remain causes for concern.
Detainees were in many cases held for days in very small cells (approximately 2 by 1.7
metres), with almost no ventilation or natural light. In one case monitored by OHCHR in
January 2014, a detainee was held in such a cell for 25 days. He was reportedly transferred
to a larger cell with other detainees after he commenced a hunger strike to protest against
his conditions of detention. In some cases, detainees were held in such cells for long
periods of time, in high temperatures during the summer and cold temperatures in winter. In
another case monitored by OHCHR in January 2014, 12 people were held in a small cell
(approximately 5 m2).
42.
OHCHR documented multiple violations of the right to a fair trial and due process
of law. In most cases, individuals were not informed of the reason for their arrest, in
violation of article 9.2 of the International Covenant on Civil and Political Rights and
Principle l0 of the Body of Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment (see also CCPR/C/GC/35, paras. 25 and 27). Most detainees
reported being brought before the court 72 hours after their arrest. 30 International law
provides that anyone arrested or detained must be brought promptly before a judge. In its
general comment No. 35, the Human Rights Committee stated that any delay longer than 48
hours must remain absolutely exceptional; prolonged detention without judicial control
(given that a public prosecutor cannot be considered an officer exercising judicial power
under article 9.3 of the International Covenant on Civil and Political Rights) increases the
risk of ill-treatment (CCPR/C/GC/35, paras. 32-33).
43.
Courts usually extended the detention for investigation purposes for weeks, and, in
some cases, months.31 Several detainees reported, however, that they had not been
interrogated after their detention had been extended. Although the courts generally review
detention orders, they do not appear to be subjecting detention and the action of security
30
31
Palestinian Law of Penal Procedure No. 3 establishes that a detainee may be held for questioning for
24 hours, after which the detainee must be brought before the Prosecutor, who will decide whether to
release or to keep the detainee, for a maximum of 48 hours, for further interrogation. Thereafter, any
extension of detention requires court authorization (arts. 107, 108 and 115).
According to Palestinian Law of Penal Procedure No. 3, art. 120, magistrates courts may extend
detention for 15 days during the first hearing. Thereafter, they may extend it for a period not
exceeding 45 days in total. Upon request of the Attorney General or his/her assistants, detention may
be further extended by a court of first instance for a period not exceeding three months.
11
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