August 26, 1999
Death Sentence Imposed Against Resident of Rafah
Death Sentence Imposed Against Resident of Rafah

 

PRESS RELEASE

Death Sentence Imposed Against Resident of Rafah

 

Ref: 81/99

Date: 26 August 1999, 11.30pm

The Palestinian State Security Court issued tonight a death sentence by firing squad against Iman Mohammed Abu Saada, 27 years old from Rafah, after the Court convicted him of the deliberate murder of Lieutenant Hani Abu Zena, 43 years, also from Rafah. Lt. Abu Zena was attending a family dispute in Rafah in the course of his law enforcement duties on the evening of August the 23rd when he was fatally wounded by blows to the head. He died in the hospital the next day.

This afternoon the State Security Court, which was formed by a decision from President Arafat, convened to hear this case. In his petition to the Court, the General Prosecutor recommended imposition of the death sentence against the first accused, Abu Saada. The petition was based on article 378 of the Palestinian Military Penalty Law for the PLO of 1979. The maximum penalty was also recommended against three other accused, under the same law.

In a press release issued yesterday, Wednesday 25th August, PCHR condemned the outrageous crime which resulted in the death of Lt. Abu Zena in the course of his duty. PCHR demanded also that all those involved in the killing be brought before the civil judiciary. On the contrary a State Security Court was formed to hear the case and, within six hours, imposed the death sentence against one of the accused. No appeal is possible from this Court decision, which can be implemented only after ratification from President Arafat himself.

PCHR reiterates its condemnation at the killing of Lt. Abu Zena, and expresses its deepest sympathy to his family at their loss. However, PCHR emphasizes the following;

  1. PCHR expresses its deep concern that this case has been brought before the State Security Court, and believes that the operation of this Court undermines the Palestinian civil judiciary. PCHR also believes that the Palestinian Military Penalty Law of 1979 is unconstitutional.
  2. PCHR believes that the very speed of this trial, lasting less than six hours, during which the session was adjourned twice, prevents any possibility of it meeting the basic requirements of a fair trial. The case before the Court involved very serious charges, of deliberate murder, carrying a maximum penalty of death. Furthermore, the decision cannot be appealed.
  3. PCHR reiterates its position against the death penalty, believing that it is not a deterrent to crime, and regrets the fact that we here in Palestine are implementing this sentence while the rest of the world is moving against and away from this penalty.
  4. PCHR appeals to President Arafat not to ratify the Court ruling.

 

 

For More Information Contact:

Palestinian Centre for Human Rights

Tel/Fax: (+) 972 7 2824776/2825893

E-mail: pchr@trendline.co.il, Web page: www.pchrgaza.org

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