The Independent Commission for Human Rights “Board of Grievances” followed with interest the issuance of three decrees-laws dated 09/11/2023 amending the penal laws in effect in both the West Bank and the Gaza Strip, according to which the legal texts that criminalized some aspects of behavior that fall within Within the concept of torture, including amending the Military Penal Code. The President also ratified decrees and laws to publish the Convention against Torture and the Additional Protocol to the Convention in the Palestinian proceedings. We believe that these amendments, and the accompanying publication of the conventions, are an important step towards promoting and protecting human rights and combating torture.
She said, “Under the new amendments, the scope of the definition of torture punishable by law has been expanded, in addition to criminalizing ill-treatment in a manner consistent with what is stated in the Convention against Torture, and appropriate penalties have been stipulated against anyone proven to be involved in these crimes, whether public officials or by… Any person acting in an official capacity. Also, under these amendments, the immunities granted by law to any person do not prevent him from being criminally prosecuted when he is involved in torture or ill-treatment, and the practice of torture based on the order of a direct official to subordinates is not considered a reason for exemption from punishment, and everyone who contributes to it is punished. This crime, including doctors who may act in bad faith, in addition to stipulating that the courts are obligated to rehabilitate victims of torture and award them fair compensation.”
The Independent Commission strongly welcomed the decisions issued by the President to criminalize torture, which represents one of the aspects of the authority’s commitment to its constitutional and legal duty to respect and protect human rights and prevent the practices of torture and ill-treatment, in implementation of the provisions of the Basic Law and the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. In implementation of the recommendations of the contractual committees at the United Nations, the result reflects the keenness of the State of Palestine to fulfill its obligations at the international level and its commitment to preventing the practices of torture and ill-treatment.
She added, “Criminalizing torture and activating criminal accountability against those involved in it are crucial factors in eliminating the practices of torture and ill-treatment and protecting other human rights. Therefore, we look forward to these amendments putting an end to the limited criminal accountability for the crime of torture and ill-treatment that Palestine has witnessed over the past years.” And that these texts find their way into application by the Public Prosecution, the competent courts, and other law enforcement agencies in both the West Bank and the Gaza Strip, with full respect for the guarantees of fair courts, the rights of victims, and the protection of informants and witnesses to these crimes. In this context, we call on the authorities in the Gaza Strip to Implementing the amended provisions of the Mandatory Penal Code in force and putting them into practice.”
The Independent Commission also welcomed the new amendments, calling for the speedy amendment of the decree-law regarding the national mechanism for the prevention of torture, in a way that guarantees the independence of the mechanism in accordance with the standards of the Subcommittee on Prevention of Torture, stressing our support for the official efforts made in this framework, and declaring our intention to continue our work in documenting cases of torture. Mistreatment and cases of arbitrary and illegal detention, and submitting criminal reports regarding them to the Public Prosecutor and the competent authorities
Source: Maan News Agency
