Ref: 95/2008

Date: 29 October 2008

Time: 11:30 GMT

Gaza Court Upholds 4 Death Sentences: PCHR Calls upon Palestinian President to Act, and for Abolition of Death Penalty in Palestinian Law

On Wednesday, 29 October 2008, the Gaza Court of Cassation, headed by Judge ‘Abdul Ra’ouf al-Halabi, Head of the Higher Justice Council, issued its support for the death sentences by hanging issued by the Court of Appeal on 13 April 2004 against 4 Palestinians. The defendants are:

1.      Eihab Diab Abu al-‘Amrain, 28;

2.      Rami Sa’id Juha, 28;

3.      ‘Abdul Fattah Mohammed Sammour, 26

4.      Sa’id Jameel Zuhod, 22.  

These deaths sentences date back to 3 April 2004, when the Court of Gaza sentenced the first three defendants to death, whilst the final defendant, Sa’id Jameel Zuhod, was sentenced to life imprisonment as he was a minor. The Court of Appeal changed Zuhod’s sentence from life imprisonment to the death sentence. The four men had been accused of raping and  murdering a child, Mayada Khalil Abu Limthi,  on 25 September 2003.

Taking these four death sentences into account, a total of six death sentences have been issued by Palestinian courts since the beginning of 2008. Four of the sentences have been issued in the West Bank, and two ones in the Gaza Strip. Most of these death sentences have been issued by military courts.

On 24 January, 2008, the Military Court in Gaza sentenced Yasser Sa’id Zanoun (41) to death. On 6 April, the Military Court in Jenin sentenced Tha’er Mahmoud Ramailat (23), to death. On 28 April, the Hebron Military Court sentenced ‘Emad Mahmoud Sa’ed (25), to death. On 15 July, the Military Court in Jenin sentenced Wa’el Sa’id Sa’ed (27), and Mohammed Sa’ed Sa’ed (44), to death. On 20 July, the Military Court in Gaza sentenced thirty five year old Eyad Ahmed Sukkar to death. None of these sentences has yet been carried out.

PCHR is extremely concerned over the continued application of the death penalty in the Palestinian National Authority (PNA), 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 these cruel and inhumane sentences, and to prevent their implementation.

3.      Reiterates that abolishing the death penalty does imply leniency towards dangerous criminals, who must be subjected to punishment that acts as a deterrent, but also maintains human dignity.  

4.      Calls upon the PNA to review all legislation relative to the death penalty, especially Law No. 74 (1936) that remains effective in the Gaza Strip, and the Jordanian Penal Code No. 16 (1960) that remains effective 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.