Ref: 50/2014
Date: 15 May 2014
Time: 11:30 GMT

On Thursday, 08 May 2014, the Permanent Military Court in Gaza City issued a death sentence by firing squad against A. H. Sh. (41), from Khan Yunis, who is a security officer in the Ministry of Interior in Gaza, after convicting him of killing A. M. A. (53) from the same city on 24 April 2014. The same court sentenced M. R. Sh. (53) for 15 years of imprisonment with hard labor after convicting him of involvement in committing the crime. The Military Court held its first hearing on 30 April 2014, and its ruling was based on the Palestinian Revolutionary Penal Code 1979.

This is the second sentence of its kind that has been issued this week as the Court of First Instance in Gaza issued a death sentence by hanging on 08 May 2014 against H. ‘A’ K. (23), from al-Shati’ refugee camp, west of Gaza City, after convicting him of killing 2 civilians, one of whom is a child, during a family dispute on 24 June 2013 in the aforementioned refugee camp.

Thus, the total number of death sentences issued in the Palestinian National Authority (PNA) controlled areas has risen to 155 sentences since 1994, of which 27 have been issued in the West Bank and 128 in the Gaza Strip. Among those issued in the Gaza Strip, 70 sentences have been issued since 2007; i.e. since Hamas took over the Gaza Strip, while the PNA implemented 32 death sentences since its establishment; of which 30 have been implemented in the Gaza Strip and 2 in the West Bank. Of the sentences implemented in the Gaza Strip, 19 have been implemented since 2007 without ratification of the Palestinian President in violation of the law.

In light of the above:

1. PCHR emphasizes that the PNA has the right to prosecute alleged traitors for crimes of treason, including those who collaborate with Israeli 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 also maintaining standards of humanity. PCHR also reiterates that its stance against the death penalty is a professional opinion based on legal and ethical standards.
2. PCHR confirms that the ratification of death sentences is an exclusive power of the President of the PNA under the Code of Criminal Procedures (3) of 2001, and the implementation of death sentences without the President’s ratification constitutes a violation of the law and constitution.
3. It should be noted that the 1979 Revolutionary Penal Code of the PLO is unconstitutional when implemented by the PNA, as it has not been presented to, or approved by the legislature. Since 1995, PCHR has repeatedly called for the abolition of this Code as it violates international standards of a fair trial.
4. Each Palestinian has the right to appear before the judge according to article 30 of the Palestinian Basic Law, which provides that “Submitting a case to court is a protected and guaranteed right for all people. Each Palestinian shall have the right to seek redress in the judicial system.”

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

1. Calls for an immediate moratorium on the use of the death penalty as a form of punishment because it violates international human rights standards and instruments, especially the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), and the UN Convention against Torture (1984);
2. Calls for an end to such implementation of the PLO Revolutionary Penal Code of 1979 because it is unconstitutional;
3. Calls for reviewing all legislation related to the death penalty, especially Law No. 74 (1936) which remains in effect in the Gaza Strip, and the Jordanian Penal Code No. 16 (1960) that is in effect in the West Bank, and enacting a unified penal code that is in line with the spirit of international human rights instruments, especially those pertaining to the abolition of the death penalty; and
4. Points out that the call for abolition 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.