Ref: 66/2013
Date: 22June 2013
Time: 10:00 GMT

On Saturday, 22 June 2013, the Ministry of Interior implemented death sentences by hanging against 2 Palestinians after the Military Court had convicted them of collaboration with foreign hostile entities. Furthermore, on Thursday, 20 June 2013, the Military Court issued a new death sentence against a Palestinian civilian after being convicted of the same charge. PCHR condemns the implementation of death sentences in the Palestinian National Authority (PNA), and emphasizes that the ratification of death sentences is an exclusive power granted under the Code of Criminal Procedures (3) of 2001 to the President of the PNA, and the execution of any death sentence without the President’s ratification constitutes a violation of the law and the constitution.

On Saturday, 22 June 2013, the Ministry of Interior issued a press release stating: “On the basis of our Shari’a law and true religion, as stipulated by the Palestinian law, in fairness to our country and our people and to ensure the security of the community, death sentences were executed against two collaborators with the occupation: (A.G), (49), and (H.KH), 43, as the Military Court in Gaza had sentenced them to death by hanging.”

Thus, the number of death sentences carried out by the Gaza Government has amounted to 16 since 2007, including 8 death sentences that were based on charges of collaboration with foreign parties and 8 death sentences that were based on criminal cases (murders). The total number of death sentences executed since the establishment of the PNA in 1994 is now 29.

According to PCHR’s documentations, this is the 5th sentence of its kind to be issued in 2013 in the PNA, 4 of which were issued in the Gaza Strip and 1 in the West Bank. Thus, the number of death sentences issued by the PNA since 1994 reached 137 sentences, 110 of them in the Gaza Strip and 27 others in the West Bank. Among the sentences issued in the Gaza Strip, 49 were issued since 2007.

In light of the above:

1. 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, nor 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;