Ref:
13-2012

On
Thursday evening, 02 February 2012, the High Military Court upheld a death
sentence by hanging issued on 29 March 2011 by the Permanent Military Curt
against W. K. J., 27, from al-Boreij refugee camp in the central Gaza
Strip.  The man was convicted of treason
and involvement in murder in accordance with the Palestinian Revolutionary
Penal Code of 1979. 

According
to PCHR’s documentation, this is the third death sentence to be issued in
2012.  Thus, the total number of death sentences issued by the Palestinian
National Authority (PNA) has risen to 124 sentences since 1994, of which 25
have been issued in the West Bank and 99 in the Gaza Strip.  Among those
issued in the Gaza Strip, 38 sentences have been issued since 2007.

It
should be noted that the 1979 Revolutionary Penal Code of the Palestine
Liberation Organization (PLO) is unconstitutional when implemented by the PNA,
as it has not been presented to, nor approved by the legislature. Since 1995,
PCHR has repeatedly called for the abolition of this Code as it violates
international standards of a fair trial.

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

1. Calls
for an immediate moratorium on the use of the death penalty as a form of
punishment because it violates international human rights standards and
instruments, especially the Universal Declaration of Human Rights (1948), the
International Covenant on Civil and Political Rights (1966), and the UN
Convention against Torture (1984);

2. Calls
upon Palestinian President Mahmoud Abbas not to ratify such cruel and inhuman
punishment;

3. Calls
for an end to such implementation of the PLO Revolutionary Penal Code of 1979
because it is unconstitutional;

4. Calls
for reviewing all legislation related to the death penalty, especially Law No.
74 (1936) which remains in effect in the Gaza Strip, and the Jordanian Penal
Code No. 16 (1960) that is in effect in the West Bank, and enacting a unified
penal code that is in line with the spirit of international human rights
instruments, especially those pertaining to the abolition of the death penalty;

5. Points
out that the call for abolition of the death penalty does not reflect a
tolerance for those convicted of serious crimes, but rather a call for
utilizing deterrent penalties that maintain our humanity;

6. Emphasizes
that the Palestinian Authority has the right to prosecute alleged traitors for
crimes of treason, including those who collaborate with Israeli occupation
authorities.  However, PCHR highlights 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 also maintaining standards of
humanity.  PCHR also reiterates that its stance against the death penalty
is a professional opinion based on legal and ethical standards.