Ref: 41/2011 

 

The Palestinian
Center for Human Rights (PCHR) strongly condemns the implementation of a death sentence
against a Palestinian this morning. This death sentence was implemented without
the ratification of the Palestinian President.  PCHR reiterates that the ratification of death
sentences is an exclusive power of the President of the Palestinian National
Authority (PNA) under the Code of Criminal Procedures (3) of 2001; the
implementation of any death sentences without the President’s ratification
constitutes a violation of the law and constitution.

 

According to
investigations conducted by PCHR, on Wednesday morning, 04 May 2011, the Ministry
of Interior in Gaza executed by firing squad (A.M.Sh), 37, from Gaza City. The Military Court in Gaza issued the
sentence on 29 October 2009 after he had been convicted of collaboration with
Israel and engagement in killing in violation of the Palestinian Revolutionary
Penal Code of 1979. The Supreme Military
Court confirmed the sentence on 17 April 2011.

 

The Ministry of
Interior in Gaza issued a press release today morning stating: "On
Wednesday morning, 04 May 2011, a death  sentence was implemented against (A.M.Sh), who
was convicted of collaboration with the Israeli authorities … The implementation
of this sentence came after the Palestinian government had ratified the
decision of implementing death sentences against those convicted of collaboration
with the Israeli authorities".

 

In light of the
above, PCHR:

1. Confirms that the ratification of death sentences is an exclusive power
of the President of the Palestinian National Authority (PNA) under the Code of
Criminal Procedures (3) of 2001, and the implementation of death sentences
without the President’s ratification constitutes a violation of the law and
constitution;

2. Notes that the 1979 Revolutionary Penal Code of the PLO is
unconstitutional because it has not been presented to, nor approved by, the
legislature of the PNA. Since 1995, PCHR has repeatedly called for its
abolition because it violates international standards of a fair trial;

3. Reiterates its position rejecting the death penalty, which is a
grave and unjustified violation of the right to life and a form of torture and
cruel and inhumane treatment. The death penalty is not a deterrent to
crime as is evidenced by the experiences of other states applying this penalty;

4. Emphasizes that the PNA has the right to prosecute alleged traitors
for crimes of treason, including those who collaborate with occupation
authorities. However, PCHR emphasizes the right of each person to a fair trial
conducted in accordance with accepted legal standards. Any penalty imposed, must serve as a
deterrent while maintaining  the humanity
of the accused;

5. Points with concern to the ramifications of the political
fragmentation on the performance of the judiciary, which requires abstaining
from the implementation of such irreversible cruel sentences;

6. Points also to the growing international trends directed towards the
abolishment of death penalty and the necessity to conjugate efforts at the
Palestinian level for such purpose.