Bethlehem – Ma’an exclusive: the State of Palestine is aiming at fulfilling its obligations arising from its accession to the Convention Against Torture (CAT), while human rights organizations are keenly working on ensuring the prevention of any possible violations, while also adapting laws to conform with international standards.
Helmi Araj, Executive Director of the Center for Defense of Liberties and Civil Rights “Hurryyat,” confessed to Ma’an about the gap existing between the current circumstances and the obligations that the State of Palestine needs to meet following its accession to CAT.
Araj blamed the rift between Fatah and Hamas that is negatively affecting the current status if human rights in Palestine where citizens are being arrested all over, but this process and situation remain proportionate to the political situation.
Other challenges facing Palestine are concerned with the law and legislations. Araj told Ma’an that the Palestinian legislations are in grave need of adaption and advancement for it to be able to meet the obligations facing Palestine as of its membership in the United Nations and its accession to the international treaties and conventions.
The laws in force in Palestine are outdated and the Jordanian Penal Code (1960) accredited in Palestine does not regard torture as a felony but as a misdemeanor which poses challenges for Palestine’s accession to CAT. To resolve the issue midst the paralysis of the parliament, the High National Committee for the Development of the Palestinian Government’s Legislative Plan was formed upon a presidential decree to meet the obligations facing Palestine upon its accession to the international treaties.
concerning the absence of parliament, Araj commented saying: “in the absence of a functioning parliament many obvious and tangible challenges erupt, but when need proves necessary for us to meet our obligations as a state there will always be a way out through a presidential decree by president Abu Mazen. We need to buy time and continue our legal battle in prosecuting the deeds of the occupation.”
According to Araj, there has been a positive development in the performance of the Palestinian security bodies and agencies. They have responded to the requests of the human rights organizations and scheduled regular visits to the detention centers and prisons, but the situation is far from ideal he added.
He affirmed that the meetings with the security bodies have resulted is an agreement of cooperation concerning the following up of complaints and the strategies to adopt. The security bodies admitted the willingness to receive complaints, and agreed that in case the human rights organizations find the reports unconvincing they can thus send them to the media for publishing. What is crucial to them is to have a fair revision of the complaints, and a fair evaluation of the work of the agencies eliminating false accusations.
He added: “there exists an obvious cooperation with the security services – the General Intelligence, the Preventive Security Services, and the Civil Police Force – and they all affirmed torture to be a despicable crime, but they admitted that any available cases are individualistic and are treated appropriately through surveillance and prosecution as torture is a crime forbidde3n internationally and does not lapse by prescription.”
Concerning the Gaza Strip, Araj affirmed that many organizations member of the Palestinian Human Rights Organizations Council are working in the Gaza Strip documenting and performing a monitory role, issuing and publishing the concerned statements and reports. We are up to date with the circumstances of the Strip due to the objectivity of their work, and because we believe that the Palestinian human rights are indivisible.
By: Karim ‘Asakrah