Ref: 26/2011

The Permanent Military Court in Gaza sentenced Walid
Khaled Jarbou, 26, from al-Bureij refugee camp in central Gaza to death by
hanging on Tuesday, 29 March 2011. The Court convicted Mr. Jarbou of treason
and providing information to occupation authorities resulting in murder in
violation of the Palestinian Revolutionary Penal Code of 1979.

According to the Palestinian Centre for Human Rights’
(PCHR), this is the second death penalty imposed during 2011. On 03 February
2011, a civil court sentenced Hazem Fathi al-Wadeyah from Gaza City to death
after convicting him of murder. Since 1994, 114 death sentences have been
issued by the Palestinian National Authority (PNA).

PCHR notes that the 1979 Revolutionary Penal Code of the
PLO is unconstitutional because it has not been presented to, nor approved by,
the legislature of the PNA. Since 1995, PCHR has repeatedly called for its
abolition because it violates international standards of fair trial.  

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

1. Calls
for announcing 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 International Covenant of Civil
and Political Rights 1966, and the UN Convention against Torture 1984.

2. Reiterates
that the law states that sentencing a person to death is an exclusive right of
the President of the Palestinian National Authority. The Centre calls upon the
President not to ratify such cruel and inhumane sentences.

3. Calls
upon the PNA to stop the application of the Penal Code 1979 because it is
unconstitutional.

4. Calls
upon the PNA to review all legislation related to the death penalty, especially
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. Furthermore,
PCHR calls upon the PNA 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.

5. Notes
that the call for the abolishment 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 PNA has the right to prosecute alleged traitors for crimes of treason,
including those who collaborate with 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 maintaining standards of humanity. PCHR also reiterates that its
stance against the death penalty is a professional opinion based on legal and
ethical standards.