The Legal Organization of Administrative Responsibility in the Palestinian POLICE: In Accordance with Palestinian POLICE Decree No. (23) of 2017

This study seeks to clarify the administrative system of administrative accountability in the Palestinian POLICE, by clarifying the structural and procedural structure to arrive at an administrative identification, and we will work on clarifying the strengths in the POLICE decree and on clarifying the deficiencies in the Palestinian POLICE decree, We will explain what the obstacles that hindered the progress of the Palestinian POLICE are and how the Palestinian POLICE overcame and excelled from an administrative point of view, The study did not stop there. It addressed aspects of administrative grievance and administrative appeals against administrative decisions of workers in the Palestinian POLICE. It explained these procedures in line with the modern administrative vision of the Palestinian POLICE, which aims to raise the administrative system in the POLICE to the highest level of transparency and integrity following the principle Equality according to international standards.

that, since the legal mandate of the British Mandate has taken care of criminality and omitted from criminalization procedures as well as penalties, and this promises, in the opinion of a fundamental defect, I advise the Palestinian legislator to delete this law because the status of the legislation card for this law according to the portal of the legal system in Palestine is valid including It does not contradict all parts of the state of Palestine.
The administrative, legal status of the POLICE continued in this case, as it relied mainly on two laws. The first is the Temporary Public Security Law No. (38) of 1965, which is a Jordanian law that was adopted and implemented during the Jordanian administration of the Palestinian (West Bank), and Law No. (6) of 1963 A.D., which was implemented. During the Egyptian administration of the Palestinian (Gaza Strip), where the main problem that the Palestinian POLICE Department faced for the entire period of enforcement of these laws after the Oslo agreement is that each of the two laws contradicts many articles regarding administrative organization in terms of procedures, punishment, and the authorities competent to impose administrative sanctions, This, of course, is not consistent with the aspirations of the Palestinian POLICE to unify administrative procedures in Palestine. ( More: Revision, Jordanian Temporary Public Security Law No. (38) of 1965, and Law No. (6) of 1963 regarding the POLICE) The disciplinary responsibility of the POLICE force remained unclear, as it became a joint work of more than one party not specialized in POLICE science, mainly since the previous laws referred to in the previous paragraph allowed the military law to interfere and interrogate POLICE personnel, especially as stipulated in the Temporary Public Security Law No. 38 of 1965 in the matter of the POLICE, Article 87 states: "To fulfill the purposes of this law, the provisions of the applicable military penal law shall be applied to members of the force, provided that the word (army) and the terms (military council) and (chief of staff) are replaced wherever they appear in the current law or any word or phrase that replaces them with a subsequent law with the phrase (force) General Security), (POLICE Court) and (Director of Public Security) respectively." ( Temporary Public Security Law No. 38 of 1965).
Of course, this article gave the military laws an incursion into the work of the POLICE and dealing with the POLICE force as if it were a military entity and not a civil regulatory body as is customary in most countries of the world. This gives the 1979 Penal Code and military procedures to the Palestine Liberation Organization the power to consider the POLICE officer's violations. This is what Chapter (3) stipulates in the name of military crimes, which includes sub-disciplinary crimes, instruction violations, and other disciplinary crimes in the first place and not a military crime.
The four years after the year 2000 were very destructive and cruel to the Palestinian security services, especially the Palestinian POLICE, The Israeli occupation forces rejected all agreements and understandings between them and the authority, destroyed all elements of the security services and the Palestinian POLICE, destroyed the headquarters of the POLICE and security services, killed hundreds of its members, imprisoned hundreds, confiscated their weapons and pens, and this occupying force left nothing, believing that it If the present is destroyed, there will be no future. ( Tartir, A. 2015).
This denies the allegations of the Israeli occupation and its defenders that the Palestinian POLICE have failed to establish an administrative system that allows them to control their areas of influence ( Schulze, K. E. 2001). since Israel has been trying from the first day to overthrow the signed agreements, but the methods of the Israeli occupation have not worked, because the Palestinian POLICE are the internationally recognized party. As a legal force on the Palestinian soil, it was aware of all the occupation's plans on the one hand. On the other hand, it was showing flexibility with all friendly countries to develop themselves and highlight their capabilities, which were relying only on the personal capabilities of individuals to prove their control.
In my opinion, the Israeli occupation was a mistake. The fact that the people, who have a long history spanning a hundred years of struggle and struggle, can create a secure future for future generations, After the killing and imprisonment of a large number of administrative and field staff working in the Palestinian POLICE at the hands of the occupation in 2004, And after Israel killed the late Palestinian President / Yasser Arafat after he surrounded his office with tanks, they bombed him and put poison in his food. As a result, he died in Paris on 11/11/2004. ( Froidevaux, P., others, 2016) However, although Israel sought with all its might to end the presence of the Palestinian POLICE, on the other side some continued day and night to work to build and repair what was destroyed by the Israeli war machine, The Palestinian Legislative Council issued the first basic law (constitution) for the state of Palestine in 2002, and it was amended in 2003 and 2005, as it included for the first time special provisions related to the work of the POLICE with a pure Palestinian text, and article (82) stipulated the following: "1-The security forces and the POLICE are a regular force, which is the armed force in the country, and its function is limited to defending the country, serving the people, protecting society, and ensuring the maintenance of security, public order, and public morals and fulfilling its duty within limits set by law in full respect of rights and freedoms. 2-The security and POLICE forces are organized by law".( Palestinian Basic Law of 2003 and its amendments).
The Palestinian Basic Law of 2003 explicitly states the need for a law to regulate the POLICE, and this is, of course, necessary for the POLICE, as is the case for the citizen, after that, the Council of Ministers issued a decision in 2004 to approve a security and administrative plan for the POLICE and was emphasized in the first article, including: "They need to restructure the POLICE force and work to activate it." ( Cabinet Resolution to restructure the Palestinian POLICE Service NO (98),2004) Practical and legal steps followed this decision. Cabinet Resolution No. (94) for 2005 was issued regarding providing the Palestinian POLICE agency with equipment and staff with experience, especially in the legal field. The decision was issued to appoint (150) holders of a certificate of law in the POLICE to develop the legal and administrative work of the POLICE. ( Cabinet Resolution to restructure the Palestinian POLICE Service NO(94),2005).
In fact, in 2005, the Palestinian Legislative Council passed a special law in the security forces that carry this full administrative organization of the Palestinian security services as a whole. This law treated all Palestinian security services on an equal basis, from an administrative point of view, including the Palestinian POLICE, and did not separate them. Was not aware of the fact that the nature of the work of the POLICE forces differs from other bodies, such as the civil defense, the General Intelligence Service, or the National Security Forces (the army). However, with this serious flaw in the service of law in the Palestinian security forces, the law has some advantages because it laid down the basic principles For the administrative organization of the Palestinian security services, This law established three sections of legal responsibility for workers in the security forces as a whole, namely: This structure that the Security Forces Service Law has followed in determining legal liability includes, as mentioned above, Administrative violations divided into two categories, the first of which are errors that do not constitute a significant defect in the work of the POLICE, and the report of administrative responsibility in it is left to the direct official, while the second category, which constitutes a fundamental imbalance in the work of the POLICE, leaving the approval of administrative responsibility in it to the officer's committee, where the law provides for the formation of its members, As for responsibility for military crimes defined in the text of the law, the law left its order to the military court, which is stipulated in the Revolutionary Law of the Palestine Liberation Organization (PLO) 1979, This law is the general basis for all administrative affairs of the security services, as this law includes a clear separation between the officers and Noncommissioned officer and organizes the administrative affairs of each of them differently from the other，Despite the positives mentioned in the law, it was comprehensive for all administrative procedures for all security agencies without distinguishing between them, without taking into account that each of them has different working conditions from the other. The legal organization of administrative responsibility in the 2017 POLICE decree is somewhat similar to what was stated in the Service Law in the Security Forces 2005. However, there are some additions that the POLICE Law added, so the POLICE decree followed the division of administrative responsibility into behavioral and disciplinary responsibility, because of the expanded scope of the POLICE Act of 2017 in detail on administrative responsibility, to define administrative responsibility, the work of investigative committees and disciplinary councils must be revitalized, Of course, the process of activating these committees goes through several stages, starting with the formation of disciplinary committees by order of the president if the action is against the general manager and the Minister of Interior issues it on the recommendation of the general manager in the case of accountability of the officer and the decision to form a disciplinary board issued by the minister or general manager in Accountability case noncommissioned officers, As indicated above, disciplinary boards are divided into two main parts. The first is: the Supreme Disciplinary Council considers violations of those who are in the rank of dean and above, and the second is the Primary Disciplinary Counsel, which specializes in accounting for those who are below the rank of dean, This is what concerns the decision to form disciplinary councils. As for the referral decision, the decision to refer to disciplinary councils is issued by the minister or the general manager, each according to his jurisdiction, and includes a statement of violations attributed to the employee, This is on an equal footing between officers and non-commissioned officers, After completing the work of disciplinary councils, these recommendations are presented to the president to ratify the punishment if these measures are taken against the director-general of the POLICE, and the results of the investigation boards are presented to the officer's committee or the general manager, While it does not fall within the competence of the officer's committee, in taking the appropriate decision if these measures were taken against the rank of officer (lieutenant and above), As for the non-commissioned officers, the recommendations of disciplinary councils or investigation committees are not considered final unless they are approved by the minister or the general manager, each within the limits of his competence. ( Palestinian POLICE Decree No. (23) of 2017) The previous structural plan also clarified that behavioral crime procedures start from the occurrence of these violations, and are determined through the internal security of the POLICE, the official or POLICE discipline department, provided that the violation is referred after an investigation of the violating, To the administration and organization of the POLICE force, and then referred to the general manager, who in turn must acknowledge what came in the initial investigation, or recommend the formation of a behavioral council if these violations are of the first degree, based on the approval of the competent minister, The disciplinary council may investigate the violator and refer the results of the investigation with the recommendations to the general manager to issue his ruling of innocence or conviction, or refer it to the disciplinary council if the crime is disciplinary and not behavioral, or Indeed, the implementation of the administrative punishment is not the end of the administrative procedures related to the administrative responsibility of the POLICE personnel, because the POLICE personnel may complain of these penalties and consider them to be unfair penalties, so there is a significant role for the administrative judiciary, so what are the procedures for challenging administrative decisions regarding the officers and non-commissioned officers in the POLICE Palestinian?
All of the above relates to the administrative structure in Palestine and is closely related to the administrative law of the POLICE, but imposing the punishment and notifying the accused is not the end of the administrative procedures, The role of the administrative judiciary (the lawsuit to cancel the administrative decision) appears, (A. Teodorescu,1926) so what are the procedures for canceling the administrative decision according to the applicable Palestinian POLICE decree?
The Palestinian POLICE Act of 2017 stipulates that if the officer or the authorized officer does not accept the administrative penalty issued against him, he must first submit an administrative complaint and submit this grievance to the direct manager who in turn sends it to the organization and administration, which in turn transmits it to the general manager, Or to submit this grievance to the Police Ombudsman and Human Rights Department, which is a department established for the POLICE to remove injustice from citizens or POLICE workers alike, The Ombudsman and the Human Rights Department shall refer this grievance with the recommendations to the Director-General for decision-making. If this grievance is accepted, the Director-General or the competent minister (the authority that issued the penalty) will issue a decision to cancel the administrative penalty. However, if this grievance is rejected, a judicial appeal may commence. (The cancellation suit), which gave the law establishing the ordinary court's jurisdiction to the Supreme Court, ( Palestinian Courts Formation Law No. (5) of 2005), This is what we will explain as follows: Journal of Law, Policy and Globalization www.iiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.96, 2020 We note that the Palestinian POLICE decree has a high degree of administrative organization, to reach the administrative accountability, which leads to a reduction in corruption and transparency in the work of the POLICE, which contributes to the further development of the POLICE and the state as a whole. Moreover, because of the importance of the POLICE in the state to be neutral, impartial, and transparent, this, of course, criticizes some studies titled (Arafat POLICE) that describe the Palestinian POLICE as a group of individuals who follow the instructions of one person. He predicted that the Palestinian POLICE would not be able to survive, and they made every effort to confirm these studies in theory through the narrow exploitation of cases Individuality, This book was concluded and tried to prove that the Palestinian POLICE are fragmented and that the Palestinian POLICE depend on international humanitarian aid whose POLICE units were competing with each other to earn this aid and the POLICE leadership was not interested in administrative organization and organizational development, ( Lia, B. 2007), and practically on the ground, as mentioned above.
However, what some researchers who support the expansionist colonial thought are trying to prove, and work to support it with false facts because the facts on the ground nullify what they say, and the last of these achievements that the Palestinian POLICE are proud of is the Palestinian POLICE joining the International POLICE Organization (Interpol) in 2017, 1 despite strong opposition from Israel, and this indicates the recognition of the countries of the world in the ability of the Palestinian POLICE to keep pace with international standards for administrative development, integrity, and transparency.

Conclusion
Despite the positives that the Palestinian POLICE decree of 2017 came about and the way it was organized and drawing the administrative structure to determine administrative responsibility, we have many suggestions aimed at moving forward to develop the POLICE and the administrative accountability system in it, Despite the obstacles that the occupation places in the way of the progress and development of the Palestinian POLICE, the Palestinian POLICE have emerged from the womb of suffering to put in place the most recent laws that accompany international laws agreements and standards, We find that the administrative system in the POLICE is one of the contemporary administrative systems, but this administrative system has some restrictions, due to its close association with the special laws in the rest of the Palestinian security forces and this of course is the result of the POLICE not being subject to more than a decade of the general administrative system of all security forces, and certainly affected By it and leaving, the influence on the administrative system of the POLICE, where I think that there should be more separation and allocation of administrative accountability procedures in the POLICE, as I suggest that there be a special court for the POLICE, because, it is not reasonable that when the Disciplinary Council decides that it is not competent to This crime, They are referred to the military court, regardless of their level of knowledge, but they will not have the experience required to adjudicate cases in which the Policeman is a party, as suggested by the judicial POLICE system on two levels, as is the case in Jordan, where the security law was stipulated The temporary POLICE law in 1965 and its amendments, especially the 2017 amendment, ( Jordanian Temporary Public Security Law in 1965, and its amendments in 2015 and 2017), to establish a POLICE court, which specializes in the consideration of misdemeanors and crimes committed by POLICE personnel, and the amendment in 2017 provides for the establishment of a POLICE appeals court, which is competent to deal with crime cases without a misdemeanor.
It should also be noted that the system of behavioral procedures is a comprehensive and general system for all security agencies, and this leads us to the proposal to establish a list of behavioral procedures for the POLICE alone and separated from the rest of the security services, The multiplicity of bodies specialized in research and detection of behavioral violations of the POLICE is exhausting at the financial and human levels, where I propose to unify these bodies under one name with multiple specializations, instead of each working alone, like the fact that teamwork creates a kind of integration.
We also note that the law gave the Supreme Court the power to challenge administrative decisions resulting from administrative violations, and this certainly needs to be reconsidered, and work to establish an administrative court specializing in this aspect without other courts, and this complies with the provisions of the Palestinian Basic Law 2003 and its amendments, We also seek that the administrative judiciary is also on two levels, not only to cancel the administrative decision but also to include compensation.
As for the disciplinary aspect, I suggest that there be effective oversight and that this be done through the formation of a disciplinary body to decide administrative decisions before judicial appeals therein, and this has a significant role in limiting administrative cases such as before the administrative court.
I propose to the Palestinian Legislative Council (the Legislative Authority) to take the recommendations mentioned in this scientific paper, as they are essential in the legal progress of the police, and he proposed to accelerate the raising of the legal degree of the current decree to the rank of ordinary laws following constitutional rules.