Ref: 110/2010

On 6 December 2010, two bodies of
the Permanent Military Court in Gaza City sentenced four persons to death.
Three were convicted of killing and the fourth was convicted of collaboration
with hostile parties.

According to investigations
conducted by the Palestinian Center for Human Rights (PCHR), on 6 December
2010, the Permanent Military Court in Gaza, comprising Judge Abdul Hadi
al-Qedra as head and Ayman Imad Eddin and Ameen ‘Ashour as members, sentenced
three persons to death by firing squad after convicting them of kidnapping and
killing. They were sentenced in accordance with the Palestinian Revolutionary
Penal Code 1979 and Penal Code 74 of 1936. The convicted persons are:

1. Jihad Jihad Mohammed Mansour,
   from al-Maghazi refugee camp in the central Gaza Strip. He is a fugitive from justice;
2. Ayman ‘Awad Hussein al-Masar’i,
   from Gaza City. He is a fugitive
   from justice; and
3. Jameel Zakariya Jaber Joha,
   from Gaza City. He has been
   detained since 21 August 2008.

All of them were members of Force 17
– Presidential Security. They were
convicted of kidnapping and killing Mohammed ‘Adel Mohammed al-Rofati, 36, from
Gaza City, on 10 June 2007. Mr. Mansour
and Mr. al-Masar’i were sentenced in absentia. Mr Joha was sentenced in his
presence. The sentence is subject to appeal.

On the same day, the same Court,
comprising Judge Rami ‘Ashour as head and Khalil al-Gharabli and ‘Ata Mansour
as members, sentenced Mamdouh Mohammed ‘Eid al-‘Attar, residing inside the
Green Line, to death by hanging. He was
convicted of collaboration with hostile parties according to the Palestinian
Revolutionary Penal Code 1979. The
sentence was issued in absentia.

In addition, on 1 December 2010, the
Permanent Military Court in Gaza, including Judge Ayman Imad Eddin as head and
Hosam Shhadah and Sami al-Ashram as members, sentenced Isam’il Khalil Ibrahim
Nejm, from al-Shati’ refugee camp, west of Gaza City, to death by firing
squad. Nejm was a member of the
Palestinian police in Gaza. He was
convicted of willful killing according to the Palestinian Revolutionary Penal
Code 1979 after being found guilty of killing ‘Alaa’ Mohammed al-Souri, 24,
from al-Bureij refugee camp on 3 November 2010.

According to PCHR’s documentation,
12 death sentences have been issued in 2010. All of them were issued in the Gaza Strip. 9 were issued by Military
Courts, while the other three ones were issued by Civil Courts. So far, the number of death sentences since
the establishment of the Palestinian Authority in 1994 has reached 112; 23
sentences issued in the West Bank and 89 in the Gaza Strip.

PCHR notes that the 1979
Revolutionary Penal Code of the PLO is unconstitutional with respect to the
Palestinian National Authority (PNA) as it has not been presented to, nor
approved by, the legislature. PCHR has
repeatedly called for its abolition as it violates international standards of
fair trial and does not include fair and independent mechanisms for appealing
against court sentences.

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

1. Calls upon the PNA to announce
   an immediate moratorium on the use of this form of punishment, which
   violates international human rights standards and instruments, especially
   the Universal Declaration of Human Rights 1948, the Covenant of Civil and
   Political Rights 1966, and the UN Convention against Torture 1984.
2. Calls upon Palestinian
   President Mahmoud Abbas not to ratify these cruel and inhumane sentences,
   and to prevent its implementation.
3. Calls upon the PNA to stop the
   application of the Penal Code 1979, on the basis of its
   unconstitutionality.
4. Calls upon the PNA to review
   all legislation relative to the death penalty, especially Law No. 74
   (1936) that remains effective in the Gaza Strip, and the Jordanian Penal
   Code No. 16 (1960) that remains effective in the West Bank, and to enact a
   unified penal code that conforms to the spirit of international human
   rights instruments, especially those pertaining to the abolition of the
   death penalty.
5. Notes that its call for the
   abolishment of the penalty does not reflect tolerance of those convicted
   of serious crimes, but deterrent penalties that maintain our humanity must
   be considered.
6. Emphasizes that the PNA has the
   right to prosecute alleged traitors for crimes of treason, including those
   who collaborate with occupation authorities. However, PCHR highlights the right of
   each person to a just trial, conducted in accordance with accepted legal
   standards. Any penalty imposed, must serve as a deterrent while maintaining standards of humanity. PCHR
   also reiterates its stance against the death penalty, which is a
   professional, legal and ethical stance.