Ref: 47/2009

Date: 08 April 2009

Time: 11: 30 GMT

Military Court in Gaza Sentences 4 Palestinians to death

PCHR Calls upon Palestinian President not to Ratify the Four Sentences

On Tuesday, 7 April 2009, the Military Court in Gaza sentenced four Palestinians, two from al-Sheja’eya neighborhood and two from al-Tufah neighborhood in the east of Gaza City, to death. The four Palestinians were convicted for the murder of Husein Ahmed Abu ‘Ajwa, from al-Tufah neighborhood, on 5 July 2006. Three other Palestinians were sentenced to life imprisonment with hard labor for the same convictions.   

The Court charged the seven Palestinians with forming a “Devil’s Association” in violation of article 185a of the Revolutionary Penal Code of the Palestine Liberation Organization (PLO) of 1979, and with willful killing and premeditation, in violation of articles 378a, 379, 88 and 82 of the of the same Code. The sentences were issued publicly and are subject to ratification and appeal.

The court sentenced to death in absentia four Palestinian fugitives from justice. The four Palestinians are:

1. Hani Ibrahim Zeideya from al-Sheja’eya neighborhood;
2. Bassam Kamal Rahmi from al-Tufah neighborhood, a major in the Preventive Security Service;
3. Na’el Salah Juha from al-Sheja’eya neighborhood, a serviceman in the Preventive Security Service; and
4. Mohammed Salem al-Mathloum from al-Tufah neighborhood, a serviceman in the Preventive Security Service.

The three Palestinians who were sentenced to life imprisonment with hard labor are:

1. Mohammed Zaher Zeideya, 35, from al-Sheja’eya neighborhood. He escaped prison on 28 December 2008[1] and was sentenced in absentia;
2. Hamed Mahmoud al-Sherbasi, 37, from al-Sheja’eya neighborhood. He was a member of the Preventive Security service and escaped prison on 28 December 2009. He was sentenced in absentia; and
3. Na’el Jamal Harb, 31, from al-Sheja’eya neighborhood. He was a member of the 17 Force. Harb was initially detained on 14 December 2007.  

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

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 this 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 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.