Ref: 20/2010

The Palestinian Center for Human
Rights (PCHR) is deeply concerned regarding statements by officials in the Gaza
government on the implementation of death sentences against persons convicted
of collaboration with the Israeli security services or willful killing. PCHR reiterates its professional and moral
stance against the death penalty.

According to PCHR’s follow-up, the
Minister of Interior in Gaza, Fathi Hammad, stated yesterday, 24 March 2010, in an interview with
the local Al-Quds Radio, which was published on the Ministry of Interior’s
website,[1]
that the issue of collaborators witnessed a new development as they were
interrogated and their legal files were completed. Besides, some of them were sentenced to
imprisonment, while others were sentenced to death. He added that the coming period would witness
the implementation of death penalties and the government is not restricted by
the stances of human rights organizations.

The Ministry of Interior’s website
quoted, yesterday, 24 March 2010, the appointed Attorney-General in Gaza,
Counselor Mohammed ‘Abed,[2]
saying that the General Prosecution Office in the Gaza Strip has started to
ratify death sentences issued against collaborators with Israel and those who
committed willful killing crimes. According to the website, the Attorney-General in Gaza talked about drug
dealers, who were arrested in the Gaza Strip, saying: “We will execute
those who accepted to kill their people.”

PCHR is extremely concerned over those
statements, which clarify the Gaza government’s tendency to apply the death
penalty, and therefore:

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; in addition, implementation
of death sentences without the President’s ratification constitutes a form of extra-judicial
killing.

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. Death
penalty is not a deterrent to crime as seen in the experiences of other states
applying this penalty.

3. Reiterates its position that the PNA has a duty to prosecute
those who collaborate with Israel as they are considered part of the occupation
and one of its most dangerous tools deeply rooted amidst the Palestinian
people. Abolishment of the death penalty
does no mean being tolerant with them; however, a deterrent penalty, which
maintains our humanity, should be considered.

4. Points out 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.

5. Any attempt to overcome the authorities of the President
under any justification serves only to deepen internal fragmentation.