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Ref: 74/2005

Date: 23 June 2005

Time: 11:30 GMT  

Action on State Security Courts Welcomed – But Insufficient.

PCHR welcomes the decision taken by Palestinian President Mahmoud ‘Abbas to retry those persons who were sentenced by State Security Courts before the civil Judiciary, but calls for removing the death penalty, which is a cruel inhumane punishment that violates the right to life, from Palestinian legislation.

According to the Palestine News Agency (Wafa), on Wednesday, 22 June 2005, President Mahmoud ‘Abbas instructed the Minster of Justice Farid al-Jallad to retry those who were sentenced to death by State Security Courts in front of the civil courts to ensure fair and transparent trials in accordance with the civil law. 

President ‘Abbas’ decision comes ten days following the implementation of death sentences against four prisoners in Gaza.  These sentences were issued over the course of previous years – one of them was issued by a State Security Court.  The implementation of these sentences was widely criticized at both the local and international levels, as it raised concerns that other death sentences could be implemented in the future.  According to PCHR’s documentation, the Palestinian National Authority (PNA) has carried out twelve death sentences since its establishment in 1994 and a further nine prisoners have been killed in other circumstances, included extra-judicially killed by gunmen who attacked prisons and court houses.  Palestinian courts have handed down 73 death sentences since 1994.  The majority of death sentences were issued by the State Security Court which was established by the PNA in 1995.  PCHR has previously and consistently criticised the existence of this court which lacks minimum standards for a fair trial and called for retrying those who were sentenced by these courts before civil courts.[1]

While PCHR welcomes President ‘Abbas’ decision to retry those who were sentenced by State Security Courts before the civil courts:

1)      PCHR calls for the cancellation of the presidential decree that was issued in February 1995 forming the State Security Courts and believes that the decision taken by the Minister of Justice on 27 July 2003 abolishing these courts was not satisfactory. 

2)      PCHR calls for an end to the use of the Revolutionary Penal Law of the Palestine Liberation Organization of 1979, which formed the basis for establishing the State Security Courts, as it is unconstitutional and is not a part of effective laws in the Occupied Palestinian Territory. 

3)      PCHR reiterates its call for the PNA not to implement death sentences issued by Palestinian courts, whether civil, military or state security, and calls for the removal of this cruel punishment that violates the right to life from the Palestinian legislation.