Ref: 29/2009

Date: 24 February 2009

Time: 11:30 GMT  

Military Court Sentences a Palestinian to Death

PCHR Calls Upon Palestinian President not to Ratify the Sentence and Demands Abolition of Death Penalty

On Sunday, 22 February 2009, the Military Court in Gaza sentenced Naser Salama Abu Freih, 33, from Izbat Abed Rabbu in the East of Jabalia Town, to death by firing squad on charges of treason and conspiracy to murder. Abu Freih, who was a First Sergeant in the civilian police of the Palestinian Authority, was detained by the military prosecution in Gaza on 2 May 2008. The Court convicted Abu Freih of treason under articles 130, 131, and 378a of the 1979 Revolutionary Penal Code of the Palestinian Liberation Organization (PLO), and article 104 of the Military Penal Code no. 4 (2008).

The Palestinian Centre for Human Rights (PCHR) note that the 1979 Revolutionary Penal Code of the PLO is unconstitutional as it has not been presented to, nor approved by, the Palestinian legislature. PCHR has repeatedly called for its abolition as it violates international standards of fair trial and does not include fair and independent mechanisms for appealing court sentences. In addition, the Military Penal Code no. 4 (2008) was issued in the context of ongoing political fragmentation. This political fragmentation prevents the legitimate operation of the Palestinian Legislative Council (PLC). Currently, PLC meetings are held by members of the Change and Reform Bloc (Hamas), with other Parliamentary Blocs and PLC members refusing to participate. 

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

1. Calls upon the PNA to announce an immediate moratorium on the use of this form of punishment, which violates international human rights standards and instruments, especially the Universal Declaration of Human Rights (1948), the Covenant of Civil and Political Rights (1966), and the UN Convention against Torture (1984).
2. Calls upon Palestinian President Mahmoud Abbas not to ratify this cruel and inhumane penalty, and to prevent the execution of the sentence.
3. Demands that the government in Gaza ensure Abu Freih’s security. 17 escaped prisoners have been extra-judicially executed since the beginning of the latest Israeli offensive on 27 December 2008. 7 of these had been sentenced to death: 4 on charges of treason, and three on criminal offences. Of the remaining murdered escapees, nine had been convicted on suspicion of espionage, and one on criminal offences.
4. Reiterates that abolishing the death penalty does not imply leniency towards dangerous criminals. All deterrent penalties must maintain human dignity.
5. Calls upon the PNA to review all legislation relative to the death penalty, especially Law No. 74 (1936) that remains in effect in the Gaza Strip, and the Jordanian Penal Code No. 16 (1960) that remains in effect in the West Bank, and to enact a unified penal code that conforms to the spirit of international human rights instruments, especially those pertaining to the abolition of the death penalty.