Detention

State of Palestine

Palestine - Criminal Procedure Code 2001 EN

Article (119)
If the procedures of the investigation entail the detention of the arrestee for more than twenty-four hours, the deputy prosecutor may request the conciliation judge to extend the detention for a period not exceeding fifteen days.

Article (120)
1. The conciliation judge may, after hearing the statements of the representative of the Public Prosecution and the accused, release or detain the accused for a period of not more than fifteen days. He may renew his detention for other periods to an aggregate maximum of forty-five days.

2. No person may be detained for a period longer than that prescribed in para (1) above, unless an application for his detention is submitted by the Attorney General or one of his assistants to the court of first instance. In such case, the period of detention may not exceed forty-five days.

3. The Public Prosecution is held to present the accused before the expiry of the three-month period referred to in the two preceding paragraphs to the court competent to try him in order that it extend his detention for further periods until the trial is over.

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.

Article 78 Determination of the sentence

2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.

Article 89 Surrender of persons to the Court

3.

(c) A person being transported shall be detained in custody during the period of transit;

Article 92 Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.

Article 106 Supervision of enforcement of sentences and conditions of imprisonment

1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.

2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.

3. Communications between a sentenced person and the Court shall be unimpeded and confidential.