Ref: 38/2022

Date: 08 April 2022

Time: 15:00 GMT 

On Thursday, 07 April 2022, Major Felonies Court in Gaza issued 2 death sentences in 2 separate cases; the first was a sentence by by hanging against (A. J.) after he was convicted of murder of (M. D.) on 20 June 2012 and the second was against (Sh. ‘A) after he was convicted of murder of (M. Kh.) on 07 February 2020 with intent to burglarize her house.

The same Court unanimously issued a death sentence by fire squad against (‘A. F.), a Palestinian officer, after he was convicted of premeditated murder of (S. S.) on 24 August 2020 with a firearm on grounds of a family dispute.

PCHR emphasizes its total support for the families of victims and importance of the rule of law.

In the meantime, PCHR insists on its position against use of death penalty and believes it is an inhuman punishment. PCHR reiterates that death penalty is not the only mean to achieve justice or deter such crimes; rather, it is an inhumane way that conflicts with Palestine’s international legal obligations under the 1989 Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), aiming at the abolition of the death penalty.

PCHR emphasizes lack of expertise, resources, and guarantees necessary for issuing such serious sentences in the Gaza Strip, in violation of Article 6 of the ICCPR.

Thus, the death sentences issued in 2022 in Gaza rise to four, and the total number of death sentences issued by courts of first instance in the Palestinian territory since 1994 reached 256; 30 in the West Bank and 226 in the Gaza Strip.  Among those issued in the Gaza Strip, 167 sentences were issued after the 2007 Palestinian political division.

Since the establishment of the PA in 1994, 41 death sentences were executed: 39 in the Gaza Strip, and two in the West Bank. Of those executed in the Gaza Strip, 28 were carried out without the ratification of the Palestinian President in violation of Palestinian law.

In this context, PCHR stresses the need to refrain from ratifying death sentences in a prelude to abolishing this punishment from the Palestinian legislations.

PCHR reminds the authorities in Gaza of Palestine’s international legal obligations under the Second Optional Protocol to the International Covenant on Civil and Political Rights, which obliges Palestine to suspend use of the death penalty as a prelude to its abolishment from Palestinian legislations.

Therefore, PCHR calls on the authorities in the Gaza Strip not to use the death penalty and replace it with a life sentence with hard labor.PCHR also calls upon the Palestinian President to issue a law by decree to suspend the use of legal articles related to the death penalty in the Palestinian Law until an elected legislative authority assumes the legislative power and abolishes it from Palestinian legislations.