Public Law

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Browsing Public Law by Author "Ahmad Ziad Daoud"

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    The application of the Palestinian security forces of the international legitimacy in the human rights provisions
    (2016) Ahmad Ziad Daoud; Dr. Basil Mansour.supervisor; Dr. Mohamed Shraqah
    This Study aimed at exploring the extent of the Palestinian Authority’s commitment to the principals of The International Bill of Human Rights. The Study was applied mainly on the Palestinian Security Forces in an effort to recognize the shortcomings in the application of The International Bill of Human Rights from the perspectives of the members of the Security Forces and Prisoners. The study came up with the below findings: • The majority of the selected sample, both members of the Security Forces and Prisoners, confirmed a suspect’s right to resort to military courts to prosecute any sector of the security forces in case he faced any offence during or after his detention. • In addition, the study concluded that the members of Security Forces assured that every detainee is treated according to the principle stating that “the accused is innocent until proved guilty” to the public by the judiciary, and that he has the right to defend himself using all legal methods, and to request the presence of a legal representative (lawyer) to guarantee that the detainee gets his humanitarian rights. • It was also noticed that the laws regulating the Security Forces are conforming to the international legitimacy in the human rights provisions, including the Basic Palestinian Law for the year 2003, Reform and Rehabilitation Law and the Palestinian Penal law, which indicates the Palestinian Authority’s awareness of the international legitimacy and human rights provisions. • The study also revealed a number of violations that were proved through the study conducted by the Independent Commission for Human Rights, which shows that the Security Forces conducted core violations to the international legitimacy in the human rights provisions. Such violations shall be investigated by the related control bodies. Based on the above, the researcher recommends the following: • There must be a binding Security Forces law that provides support for research and legal accountability to detect any legal violations, in addition to providing constructive feedback for these Forces and to rehabilitate the forces as much as possible, due to the importance of these Forces and its status in the society and the State. Furthermore, there should be more focus on the violations done by members of the security forces in studies conducted by the Palestinian Human Rights Commission to guarantee that such violations are not repeated and that the related members are held accountable for their actions. • In addition, there should be deterrent procedures for members of the Security Forces that encourage them to abide by the Palestinian laws and regulations related to detainees and prisoners, and to avoid the recurrence of any violations within its centers and locations. Furthermore, observations on the work of the Security Forces must be increased by the Legislative Council, the State Audit and Administrative Control Bureau, and the Anti-Corruption Commission, as they should be permanently present in Police and security centers to monitor their work. The researcher also recommends that there should be more focus on conducted targeted training session to increase the awareness of the members of security forces in issues related to international legitimacy in human rights.