Ref: 64/2008
Date: 21 July 2008
Time: 07:30 GMT
Gaza Military Court Sentences Man to Death
PCHR Calls upon Palestinian President Not to Ratify the Sentence and Demands Abolition of Death Penalty in OPT.
On Sunday, 20 July 2008, the Palestinian Military Court in Gaza sentenced Eyad Ahmed Diab Sukkar (35), from al-Shoja’eya neighborhood in Gaza City, to death by firing squad. According to Sukkar’s lawyer, Mr. Hassan Zimmu, the court convicted Eyad Sukkar of carrying out hostile activities against Palestinian revolutionists and military operations of the Palestinian revolution, in violation of article 131 (a and b) of the Revolutionary Penal Law of Palestine Liberation Organization of 1979.
The Revolutionary Penal Law of 1979 is unconstitutional in the Palestinian National Authority (PNA) as it has not be presented to, nor approved by, the Palestinian Legislature. PCHR has repeatedly called for the abolition of this law, as it contravenes international minimum standards of fair trials, and therefore does not ensure a fair and impartial mechanism for appealing against sentences issued by courts.
PCHR notes that this latest sentence is the sixth death sentence to have been issued by Palestinian courts since the beginning of this year. Two death sentences have been issued in the Gaza Strip and four in the West Bank since the beginning of 2008. All of them specify death by firing squad.
On 24 January, the Military Court in Gaza sentenced Yasser Sa’id Zanoun (41) from Rafah to death. On 6 April, the Military Court in Jenin sentenced Tha’er Mahmoud Ramailat (23), from Thinnaba suburb east of Tulkarm to death. On 28 April, the Hebron Military Court sentenced ‘Emad Mahmoud Sa’ed (25) from Yatta village south of Hebron 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) both from Yatta village south of Hebron, to death. None of these sentences has yet been implemented. According to the Palestinian Basic Law, death sentences must be ratified by the President of the PNA before being implemented.
PCHR is gravely concerned over continued application of the death penalty in areas under the jurisdiction of the PNA, and therefore:
· Calls upon the PNA to cease application of such punishment as it violates all international human rights standards and instruments, especially the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
· Calls upon Palestinian President Mahmoud Abbas not to ratify this cruel and inhuman punishment, and thus prevent the application of these sentences.
· Points out that the call for the abolition of the death penalty does not equate with undue leniency regarding those are convicted of serious crimes; however other deterrent forms of punishment can be considered and utilized without reverting to cruel and degrading treatment.
· Calls upon the PNA to reconsider Palestinian laws that include the application of the death penalty, especially the PLO Revolutionary Penal Law of 1979; Penal Law #74 of 1936 applicable in the Gaza Strip; and Jordanian Penal Law #16 of 1960 applicable in the West Bank; and to enact a new united penal law that conforms with the spirit of international human rights instruments, especially those instruments calling for the total abolishment of the death penalty.
