Ref: 44/2006

Date:  13 August 2006   

PCHR in a New Report: Israel Employs Law to Maintain Detention of Gazans in spite of the End of Military Government in the Gaza Strip

PCHR warned in a report published by its Legal Unit two days ago of the consequences of the Israeli employment of legal means in an attempt to justify continued detention of Palestinians from the Gaza Strip, in spite of the end of military government in it.

PCHR added that following the declaration of the end of the Israeli military government in the Gaza Strip on 12 September 2005, Israel abolished the military court in Erez area in the northern Gaza Strip and transferred all cases related to Palestinian detainees from the Gaza Strip to a civil court in Ber al-Saba and to the civil attorney-general.

The report explains that the abolishment of the military court in Erez have had two consequences. First, dozens of Palestinian detainees from the Gaza Strip have been deprived to their right to appeal against severe sentences issued against them, due to abolishing the appeal court and freezing the cases it had been considering.

Second, severe sentences have been issued against Palestinian detainees. Even though cases of these detainees, who are not permanent residents, must have been transferred to the Jerusalem court, in accordance with the Israeli law, these cases have been transferred to the court in Ber al-Saba, whose sentences against Gazan detainees have been unjust, and which lack the experience to deal with such cases.

The report further draws the attention that indictment bills presented against Gazans have been based on the Israeli Penal Law of 1977 and the Martial Law issued in 1945 during the British Mandate rather than to military orders relevant to the Gaza Strip.

The report further indicates that Israel has enacted new laws to maintain its control over the population of the Gaza Strip, especially with regard to security issues, such as the Law of Criminal Procedures (5765 of 2005): Authorities of Detention – Rules of Investigation into Security Offences by Non – Citizens.  

The old Criminal Law allows the police or the General Security Service (GSS) to detain suspects for 48 hours before presenting them to the judiciary, while the new law allows them to extend the detention of non-citizens, which means residents of the Gaza Strip, for additional 48 hours before presenting them to the judiciary. 

The old law allows the police and the GSS to deprive suspects of legal counsels for up to 10 days that may be extended to 21 days.  The new law authorizes them to deprive suspects of legal counsels for up to 50 days.

The Israeli government has further enacted the Law on Serving Imprisonment Sentences Issued by the Military Court in the Gaza Strip, under which all prisoners from the Gaza Strip shall not be released before the end of their sentences.

The report further warns of Israel’s employment of this new law to avoid fulfilling its obligations under the international law and keep prisoners from the Gaza Strip in its jails, in violation of the Fourth Geneva Convention, which demands the occupying powers to release detainees once the occupation ends.

In conclusion, the report discusses developments related to Israeli laws from the perspective of international legal standards. The report in the end highlights activities carried out by PCHR Legal Unit. 

        Note: PCHR has published the report in Arabic only, and it will be available in English soon.