Decree Law No. (11) of 2007 Concerning the Preventive Security[1]

Decree Law No. (11) of 2007 Concerning the Preventive Security[1]

The Chairman of the Executive Committee of the Palestine Liberation Organisation,

The President of the Palestinian National Authority,

In reference of the provisions of the Amended Basic Law of 2003 and its Amendments,

Having reviewed Law of the Service in the Palestinian Security Forces No. 8 of 2005,

Based upon the recommendation of the Council of Ministers of October 29, 2007,

Based upon the powers bestowed upon me, and

In accomplishment of the public interest,

I hereby promulgate the following decree law:

Article 1: Definitions

In applying the provisions of this law, the following words and expressions shall have the meanings specified below, unless the context determines otherwise:

Authority: The Palestinian National Authority.

President: The President of the Palestinian National Authority.

Competent Ministry: The Ministry of the Interior.

Minister: The Minister of the Interior.

Directorate-General of the Preventive Security: The agency of the Preventive Security.

Director-General: The Director-General of the Directorate-General of the Preventive Security.

Individual: Any officer, non-commissioned officer or member of personnel appointed in the Preventive Security.

Article 2

1. The agency of the Preventive Security is a regular security directorate-general within the Internal Security Forces which is affiliated with the competent Ministry and works in the field of security.
2. The permanent headquarters of the Directorate-General shall be in the city of Jerusalem. It shall have two temporary headquarters in the cities of Ramallah and Gaza. It may also establish sub-directorates in the other cities.

Article 3

The provisions of this law shall apply to all employees at the Directorate-General of the Preventive Security. The Council of Ministers shall approve the organisational structure thereof.

Article 4

1. The Director-General and his Deputy shall be appointed by the President of the National Authority, based upon the decision of the competent Minister, the nomination of the Director-General of Internal Security and the recommendation of the Committee of Officers. The Director-General and his Deputy shall swear the legal oath before the President before they commence their functions.
2. The tenure of the Director shall be four (4) years. It may be extended for one (1) additional year by decision of the President.

Article 5

1. The Director-General shall supervise the functions of the Directorate-General of the Preventive Security and its employees, as well as the formation of all necessary work committees. The Director-General may delegate some of his capacities to his Deputy.
2. The Director-General shall be accountable to the competent Minister and the Director-General of Internal Security in his function, including preserving the confidentiality of the Directorate-General of the Preventive Security and its activities.

Article 6: Duties of the Preventive Security

In a manner that does not contradict the laws in force, the Directorate-General of the Preventive Security shall have the following responsibilities:

1. Working to protect the Palestinian internal security.
2. Following up on crimes which threaten the internal security of the National Authority and/or those imposed thereon, as well as working towards their prevention.
3. Uncovering crimes which target governmental departments and public bodies and institutions, as well as the employees thereat.

Article 7: Capacity of the Judicial Police

The officers and non-commissioned officers of the Preventive Security, in the cause of the commencement of its jurisdiction set forth under this law, shall have the capacity of the Judicial Police.

Article 8: Observation of Rights

The Directorate-General of the Preventive Security must respect the rights, freedoms and guarantees set forth in the Palestinian law, as well as international charters and treaties.

Article 9: Detention Centres

The competent Minister shall define the established detention centres of the Preventive Security in coordination with the Director-General. He shall notify the Minister of Justice and the Attorney-General of their status and of any changes introduced in their regard. Such centres shall be legal detention centres.

Article 10: Confidentiality

1. Investigations and information of the Directorate-General of the Preventive Security may not be viewed, except by special permission of the competent Minister or in execution of a judicial judgement.
2. The information, activities and documents pertaining to the work of the Preventive Security shall be confidential and may not be disclosed.

Article 11

1. The assistants to the Director-General and the directors of departments in the Preventive Security shall be appointed by the competent Minister based upon the nomination of the Director-General and approval of the Director-General of the Internal Security.
2. All individuals in the Preventive Security shall be subject to security directives, controls and procedures issued by the Director-General.

Article 12

The competent Minister shall submit a report on the performance of the Directorate-General of the Preventive Security to the President of the National Authority and the Prime Minister every three (3) months.

Article 13

The Council of Ministers shall issue the bylaws necessary for the enforcement of the provisions of this decree law.

Article 14

All provisions that contradict the provisions of this law are hereby repealed.

Article 15

This decree law shall be presented to the Legislative Council for approval in the first session it holds following its promulgation.

Article 16

All the competent authorities, each one within its sphere of jurisdiction, shall implement the provisions of this decree law, which shall enter into force as of the date of its promulgation and shall be published in the Official Gazette.

Issued in the city of Ramallah on November 20, 2007 AD, corresponding to Thu Al-Qi’da 10, 1428 AH.

Mahmoud Abbas

Chairman of the Executive Committee of the Palestine Liberation Organisation

President of the Palestinian National Authority

[1] At the time of the finalisation of this collection, the decree had not yet been published in the Official Gazette.