May 18, 2010
PCHR Condemns Gaza Government’s Execution of Three Palestinians
PCHR Condemns Gaza Government’s Execution of Three Palestinians

Ref:
36/2010

 

 

The
Palestinian Center for Human Rights (PCHR) strongly condemns the implementation
of three death sentences in the Gaza Strip this morning. These death sentences were carried out
without the ratification of the Palestinian President. While rejecting the implementation of the
death penalty in all circumstances, PCHR emphasizes that the ratification of
death sentences is an exclusive right of the President of the Palestinian
National Authority (PNA) under the Code of Criminal Procedures no. 3 of 2001:
the implementation of any death sentences without the President’s ratification
constitutes a violation of the law and constitution.

 

According
to investigations conducted by PCHR, on Tuesday morning, 18 May 2010, the
Ministry of Interior in Gaza executed by hanging three Palestinians from Gaza
City:

 

1. Matar Harb
al-Shoubaki, 35, who was sentenced to death by a civil court on 15 March 1996
after he had been convicted of participation in murdering Suheil al-Sayed. 

2. Rami Mohammed Sa’id
Juha, 25, who was sentenced to death by a civil court on 13 April 2004 after he
had been convicted of participation in raping and murdering Mayada Khalil Abu
Lamdi on 25 September 2003. 

3. ‘Amer Saber Hussein
Jundeya, 33, a
member of the National Security Forces ho was sentenced to death by the
Military Court in Gaza City on 10 March 2009 after he had been convicted of
murdering Fawwaz Jamil ‘Ajjour, 40, from Gaza City on 4 October 2008. 

 

The
website of the Ministry of Interior in Gaza reported today that the Ministry
implemented three death sentences against three criminals convicted of willful
killing. The Ministry claimed that all appeals against these sentences were
considered and that the defendants had been given the right to defend
themselves. The Ministry of Interior also
claimed that it took all legal measures required according to the law in the
implementation of sentences in presence of figures determined by the law. PCHR reiterates that the ratification of
death sentences is an exclusive right of the Palestinian President, and that
implementation of the death penalty without this ratification constitutes a
violation of the law and the constitution.

 

 

It
should be noted that on 10 May 2010, the Palestinian Centre for Human Rights
(PCHR) sent a letter to Palestinian President, Mahmoud Abbas, appealing to
him to stop the application of the death penalty under the Palestinian National
Authority (PNA). PCHR has requested that
President Abbas, in his capacity as President of the PNA and in accordance with
Article 43 of the PNA Basic Law, issue a presidential decree that has the power
of a law stopping the application of the death penalty both at the legislative
and executive levels. PCHR sent this
letter in light of the execution by the government in Gaza of Nasser Abu Fraih
and Mohammed Isma’il (al-Sabe’) on 15 April 2010 in violation of the
law and the constitution.[1] PCHR has expressed concerns that more death
sentences may be implemented.

 

In light of the above, PCHR:

 

1) Confirms that the
ratification of death sentences is an exclusive right of the President of the
Palestinian National Authority (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.

2) Reiterates its
position rejecting the death penalty, which is a grave and unjustified
violation of the right to life and a form of torture and inhumane and cruel
treatment. The death penalty is not a deterrent to crime, as seen in the
experiences of other states applying this penalty.

3) Points with grave
concerns to the serious impacts of the state of political fragmentation on the
work of the judiciary, which necessitate refraining from the implementation of
such cruel irreversible sentences.

4) Reiterates that its
position rejecting the application of death penalty does not mean defending
criminals and being tolerant with them; rather, PCHR calls for the enhancement
of the rule of law and prosecution and punishment of criminals, but not through
issuing and implementing death sentences. 

5) Points to the
international developing trends to abolish the death penalty at the
international level and the necessity of joining such trends and conjugating
Palestinian efforts to abolish death penalty.

 

 

 

 

Detailed Information
about the Death Penalty under PNA Rule Since Establishment of PNA in 1995, According
to PCHR’s documentation

 

Description  

Number

Total death sentences issued under PNA rule  

103

Death sentences issued in the West Bank  

23

Death sentences issued in the Gaza Strip  

80

Death sentences issued by military courts 

47

Death sentences issued by State Security courts  

38

Death sentences issued by civil courts  

18

 

 

Death sentences issued in the Gaza Strip before the events of June
2007  

60

Death sentences issued in the Gaza Strip after the events of June 2007 

20

 

 

Death sentences officially implemented under PNA rule 

18

Death sentences officially implemented in the West Bank  

2

Death sentences officially implemented in the Gaza Strip  

16

Death sentences officially implemented in the Gaza Strip before the
events of June 2007 

11

Death sentences officially implemented in the Gaza Strip after the
events of June 2007 

5

 

 

Persons sentenced to death and killed by gunmen since the
establishment of the PNA  

15

Persons sentenced to death and killed by gunmen in the West Bank  

4

Persons sentenced to death and killed by gunmen in the Gaza Strip  

11

Persons sentenced to death and killed by gunmen in the West Bank
before the events of June 2007 

4

Persons sentenced to death and killed by gunmen in the Gaza Strip
before the events of June 2007 

6

Persons sentenced to death and killed by gunmen in the Gaza Strip
after the events of June 2007 

5

 

 

Death sentences reduced to life imprisonment in the Gaza Strip before the
events of June 2007 

2

 

 

 



[1]  For more information
about PCHR’s position from the execution of Fraih and al-Sabe’, please refer to
PCHR Press Release titled “PCHR Strongly Condemns Execution of Two
Prisoners by Gaza Government”
, issued on 15 April 2010, Ref. no. 28/2010.