Ref: 105/2009

Date: 08 October 2009

Time: 08:30 GMT

 

 

Military Court in Gaza Issues Death Sentence; PCHR Urges President not to Ratify Sentence

 

On Wednesday, 07 October 2009, the Permanent Military Court in Gaza, headed by Judge Ayman ‘Imad al-Din, sentenced Saleem Mohammed Saleem al-Nabahin, 27, from al-Boreij refugee camp in the central Gaza Strip, to death by hanging after convicting him of collaboration with hostile parties.

 

The court convicted the defendant of collaboration with hostile parties in violation of Article 131/a/b of the Palestinian Penal Law of 1979, and in accordance with Article 415 of the Palestinian Penal Measures Codes #3 of 2001, it sentenced him to death by hanging.  The sentence, which is appealable, was issued in the presence of the defendant.

The Palestinian Centre for Human Rights (PCHR) notes that the 1979 Palestinian Penal Law is the Revolutionary Penal Code of the Palestine Liberation Organization (PLO).  It is unconstitutional within the Palestinian National Authority (PNA) as it has not been presented to, nor approved by, the legislature.  PCHR has repeatedly called for its abolition as it violates international fair trial standards and does not include fair and independent mechanisms of appeal.

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

1.    Calls upon the PNA to announce an immediate moratorium on the use of the death penalty, 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 its implementation.

3.    Reiterates that abolishing the death penalty does not 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 stop applying the Revolutionary Penal Code of 1979 of Palestine Liberation Organization as it is unconstitutional. 

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