Ref: 62/2008

Date: 16 July 2008

Time: 07:00 GMT

  

As Palestinian Military Court Sentences 2 People to Death

PCHR Calls upon President Abbas to reject Ruling, and for Abolition of Death Penalty in OPT

On 15 July, 2008, a special Military Court convened in the Governmental Compound (Muqata’a) in Jenin in the northern West Bank. Senior Military Judge, Brigadier-General Abd El-Karim Mousa El-Masri, presided over the court, with two other military judges, Lt. Colonel Mehriz Etyani and Major Nabil Jaber, also present on the judge’s panel. The court issued sentences of death by firing squad against Wa’el Sa’id Sa’ed Sa’ed (27) and Mohammad Sa’ed Mahmoud Sa’ed (44). Both men are from the town of Yatta, south of Hebron, in the West Bank.

The death sentence was passed against Wa’el Sa’ed in his presence, and against Mohammad Sa’ed in absentia, as he has already fled to Israel. The military court charged both men with treason and conspiracy, in violation of Article 131 of the Revolutionary Penal Code (1979). They were both sentenced to death in accordance with Article 82 of the same law. The court stated that its decision is not subject to appeal, in accordance with Article 247 of the Revolutionary Penal Code, but is however subject to the approval of President Mahmoud Abbas, the Commander in Chief of the Armed Forces.

Wa’el Sa’ed’s lawyer, Mohammad Majed Kamanja, informed a PCHR fieldworker that the trial was conducted swiftly, and journalists were not allowed to enter the courtroom until the sentences had been passed, and were then prevented from taking photographs. In addition, the lawyer stated that weapons had been present in the courtroom, which is considered a violation of the law.

PCHR notes that these two sentences are the fourth and fifth death sentences to have been issued by Palestinian courts since the beginning of the year. On 24 January, the Military Court in Gaza sentenced Yaser Sa’id Zanoun (41) from Rafah to death by firing squad. On 6 April, the Military Court in Jenin sentenced Tha’er Mahmoud Ermeilat (23) from Thenaba east of Tulkarm to death by firing squad. On 28 April, the Hebron Military Court sentenced Emad Mahmoud Sa’ed (25) from Yatta south of Hebron to death by firing squad. Emad Sa’ed was convicted of treason and collaboration with the Israeli occupation. PCHR notes that, to date, none of these death sentences have been carried out.

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

·        Calls upon the PNA to announce an immediate moratorium on the use of this form of punishment, which 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 approve this cruel and inhumane sentence, and to prevent its implementation.

·        Reiterates that abolishing the death penalty does imply leniency towards dangerous criminals, who must be subjected to punishment that acts as a deterrent without being cruel or inhumane.  

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