Ref: 50/2014

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.