Penal Institutions in Palestinian Legislation: A Comparative Study
Dr Isam Husni Alatrash
Associate Professor of Criminal Law
Faculty of Law and Criminal Sciences
Al Istiqlal University, Jenin, Palestine
Abstract:
This study aims to identify the penal institutions’ systems in Palestinian legislation, by comparing them with Egyptian and Qatari legislation, as well as the “Nelson Mandela Rules.” It also aims to identify the nature of collective, individual, mixed, and gradual systems. The researcher used a descriptive and analytical approach in his study, based on an analysis of relevant legislation, laws, and international conventions.
The study reached a number of conclusions, most notably: while the Palestinian legislator did not explicitly stipulate the applicable penal system in the Palestinian Correctional and Rehabilitation Centers Law No. 6 of 1998, the practical reality indicates that the applicable system is a mixed one. Meanwhile, Egyptian and Qatari legislators, along with the Nelson Mandela Rules, adopted a gradual system.
The study also considers the gradual system to be the most consistent with modern penal policy. The study recommended that the Palestinian legislature adopt the gradual system by amending the Palestinian Correctional and Rehabilitation Centers Law No. 6 of 1998, explicitly stating it, and adopting executive instructions or regulations for the law.
Keywords: Systems, Penal Institutions, Palestinian Legislation, Nelson Mandela Rules, Comparative Study.