Ref: 38/2008

Date: 28 April 2008

Time: 11:30 GMT 

Palestinian Military Court Sentences Emad Sa’ed to Death

PCHR Calls upon President Abbas to reject the Ruling, and Calls for Abolishing the Death Penalty in Palestinian Law

PCHR is extremely concerned over the passing of a death sentence against Emad Mahmoud Sa’ed Sa’ed (25 from Yatta) by the High Military Court of the Palestinian National Authority (PNA) that convened in the Governmental Compound “Muqata’a” in Hebron this morning. The Court sentenced Sa’ed to death by firing squad for treason and collaborating with the Israeli occupation. The Centre calls upon President Mahmoud Abbas not to sign this cruel and inhumane sentence, and to stop its implementation.

At approximately 10:00 on Monday, 28 April 2008, the High Military Court convened with Lt. Colonel Ahmad Abu Dayya as Chief Judge and Major Muman Fanoun and Captain Fadi Hejazi as panel judges. The Chief Military Prosecutor Major Issa Amr and Military Prosecutor First Lt. Hani El-Hieh prosecuted the case. At the end of the session, the Court sentenced Emad Mahmoud Sa’ed Sa’ed (25) to death by firing squad for treason and collaborating with the Israeli occupation.

The decision stated, “It was proven to the Court the guilt of the suspect Emad Sa’ed, who is a security officer, of the crime of treason and collaboration with the Israeli occupation as part of a network headed by his uncle in the Yatta area. The defendant provided information to his father. And this information, according to the defendant’s testimony, led to the martyrdom of 4 persons wanted to the occupation forces, the demolition of a house, and the arrest of a number of wanted persons. The Court based its decision on Article 131 of the Palestinian Military Penal Code for the Year 1979, and decided unanimously to sentence Sgt. Emad Sa’ed to death by firing squad.” The defendant was arrested on 7 August 2007 by the Palestinian Military Intelligence.

It is noted that this is the second death sentence issued by this Court in less than a month. The High Military Court convened in Jenin on 6 April sentenced Tha’er Mahmoud Husni Ermeilat (23) from Thanaba east of Tulkarm to death by firing squad. He was convicted of murdering Ala Ayesh Mubarak (20) from Tulkarm refugee camp on 22 October 2006.

PCHR is extremely concerned over the continued utilization of the death penalty in the PNA, and:

-         Calls upon the PNA to announce a moratorium on the use of this form of punishment that violates international human rights standards, especially the Universal Declaration of Human Rights (1948), the Covenant of Civil and Political Rights (1966), and the UN Convention against Torture (1984).

-         Calls upon President Mahmoud Abbas not to sign this cruel and inhumane sentence, and to stop its implementation.

-         Affirms that the prosecution of collaborators is a right and duty of the PNA since these collaborators are an occupation tool participating in the implementation of war crimes against Palestinian civilians. However, this does not necessitate the implementation of the death penalty.

-         Points that abolishing the death penalty does imply leniency towards dangerous criminals, who must be subjected to deterring punishment while preserving our humanity.

-         Affirms the unconstitutionality of the Palestinian Military Penal Code for the Year 1979 since it was not passed by the PNA and was not submitted to the PLC for approval.

-         Calls upon the PNA to review all legislation relative to the death penalty, especially the Law No. 74 for the Year 1936 effective in the Gaza Strip and the Jordanian Penal Code No. 16 for the Year 1960 effective in the West Bank. The Centre calls for passing a unified penal code that conforms with international human rights standards, especially those pertaining to the death penalty.