The right to personal freedom is enshrined in the Palestinian Basic Law and confirmed by the international conventions, which the State of Palestine acceded to without reservation. Any restrictions on this right must be in accordance with the law. In reference of recognised guarantees, a regulation that restricts the right to personal freedom must be consistent with the Basic Law and international conventions. Detention or arrest of any person in contravention of these guarantees is arbitrary and considered a constitutional crime. As characterised by the Basic Law, this crime involves an abuse of the detainee’s personal freedom.
Under the title “Public Rights and Freedoms”, the Palestinian Basic Law asserts that fundamental human rights and liberties are protected and respected. Personal freedom is a natural right, is guaranteed and may not be violated. It is unlawful to arrest, search, imprison, restrict the freedom, or prevent the movement of any person, except by judicial order in accordance with the provisions of the law. Every arrested or detained person will be informed of the reason for their arrest or detention. They will be promptly informed, in a language they understand, of the nature of the charges brought against them. They have the right to contact a lawyer and to be tried before a court without delay. Any violation of any personal freedom, of the sanctity of the private life is considered a crime. Criminal and civil cases that arise from such violations may not be subject to any statute of limitations. The National Authority guarantees a fair remedy to those who suffer from such damage.