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PALESTINIAN CENTRE FOR HUMAN RIGHTS
PRESS RELEASE
Ref: 55/2003
Date: 30 April 2003
PCHR calls for the dismantling of military court involved in a civil case The military court that was established to address the case of the murder of Captain Hani ‘Atiya al-Madhoun will hold a third session on Saturday, 3 May 2003, to consider the case. The incident took place on 15 April 2003 and Sergeant Rani Darwish Shaqqura is the defendant. While strongly condemning the murder, PCHR calls upon the Palestinian Authority to dismantle the military court that was formed for the sole purpose of this case and to transfer the case to a civil court in accordance with Palestinian law. PCHR reached this conclusion after it observed two of the court’s previous sessions, which were held on 21 and 26 April respectively and which PCHR asserts failed to meet the minimum standards for a fair trial.
This special military court was formed on 19 April 2003 upon an order of the Palestinian President Yasser Arafat, to specifically address the murder of Captain Hani ‘Atiya al-Madhoun. The victim and the main defendant, both from Tal al-Za’tar area in the northern Gaza Strip, were members of Palestinian security services. The murder was committed during a family disagreement that erupted several months ago, in the course of which the victim threw a hand grenade at members of the Shaqqura family, injuring a number, including one seriously. The al-Madhoun family said that shortly before, members of the Shaqqura family threw stones and hand grenades at their houses.
Despite the seriousness of those incidents, relevant Palestinian authorities did not effectively intervene, did not take any legal steps against the two sides and did not investigate either claims. Apparently, the dispute was left up to the extended families to settle. This policy of settling scores through a traditional tribal retribution system has occurred in dozens of cases where the Palestinian Authority has consistently failed to effectively intervene. Instead of adhering to the rule of law, the Palestinian security services and judiciary have effectively allowed individuals to take the law into their own hands, thereby threatening the stability of society as a whole.
After the murder in question, a number of houses belonging to the Shaqqura family were damaged and dozens of family members were forced to leave their houses in Jabalya refugee camp and nearby areas fearing revenge attacks. Slogans defaming the Shaqqura family were written on walls. The Palestinian Authority and the Attorney General did not intervene to stop attacks on individuals and property, which further escalated the family feud.
According to PCHR’s 2002 Annual Report, 42 Palestinians were killed and more than 70 were injured as a result of the misuse of weapons. The report states that “what really raises concerns is that the number of victims of the misuse of weapons continuously increases as the Palestinian Authority has not taken effective measures to tackle the problem. In particular, it has failed to take appropriate measures to prevent the use of officially issued weapons in personal disputes and to apply the law to members of the security services who are responsible for the misuse of weapons.”
PCHR reiterates its condemnation for this crime and:
1. Condemns individuals taking the law into their own hands;
2. Calls upon the Palestinian Authority to apply the rule of law to all people and to promote justice;
3. Calls for dismantling the special military court as it lacks the minimum standards for a fair trial and demands that the case be transferred to a civil court; and
4. Considers that trying this civil case in a military court undermines the rule of law and the independence of the Palestinian judiciary.
Public Document
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For more information please call PCHR office in Gaza, Gaza Strip, on +972 7 2824776 – 2825893
PCHR, 29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip. Web:http://www.pchrgaza.org
