Ref:
28/2010

The
Palestinian Center for Human Rights (PCHR) strongly condemns the implementation
of two death sentences in the Gaza Strip this morning. These death sentences
were carried out without the ratification of the Palestinian President. PCHR reiterates 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: 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 Thursday morning, 15 April 2010, the
Ministry of Interior in Gaza executed by firing squad Nasser Salama Abu Fraih,
35, from ‘Izbat ‘Abed Rabbu area in Jabalya town in the northern Gaza Strip,
and Mohammed Ibrahim Isma’il (al-Sabe’), 36, from the southern Gaza Strip town
of Rafah. 

Abu
Fraih’s brother, Sabri, 37, stated to PCHR that at approximately 23:00 on Wednesday,
14 April 2010, he received a phone call from his brother saying that he would
be transferred to another prison and that the family could visit him at
once. At approximately 00:30 on
Thursday, members of the family went to Ansar Prison to visit him, and they
were surprised by the presence of many people there wishing to visit
detainees. 

According
to Abu Fraih, at approximately 07:30 on Thursday, he received a phone cal from
the Ministry of Interior in Gaza, in which he was informed that his brother had
been executed and that he should bring 5 members of the family to Shifa
Hospital in Gaza City to bury him. 

Al-Sabe’s
brother, Nabil, 33, stated to PCHR that a police unit came to his house at
approximately 00:30 on Thursday, and informed the family that they could visit
Mohammed Al-Sabe immediately as he would likely be transferred to another
prison. His family visited him that
night. 

At
approximately 07:00 this morning, the family received a phone call from the
Ministry of Interior, in which they were informed that Mohammed had been executed,
and that they should come to receive his body at 09:00. 

The
official web site of the Ministry of Interior in Gaza quoted the chief military
justice in Gaza today as saying that “the death sentences issued against
two persons convicted of collaboration were implemented this morning.”

The
Gaza Military Court had already sentenced Abu Fraih and al-Saba’ to death by
firing squad.  On 22 February 2009, the
court sentenced the former to death after convicting him of treasons and
involvement in killing, and on 3 November 2009, the court sentenced the later
to death by hanging after convicting him of treason and involvement in killing. PCHR issued press releases calling on the
Palestinian Presidents not to ratify the two death sentences, and demanded the
abolishment of the death penalty in Palestinian law. 

PCHR
issued a press release also on 25 March 2010, following a statement by the
Minister of Interior in Gaza, Fathi Hammad, that the government in Gaza would
implement death sentences issued against individuals who collaborated with
Israeli security services or those convicted of willful killing. In its press release, PCHR again demanded
that no death sentences be implemented without the President’s ratification,
and called for the abolishment of the death penalty. 

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 cruel and inhumane
treatment. The death penalty is not a deterrent to crime as is evidenced
by the experiences of other states applying this penalty.

3) Reiterates its
position that the PNA has a duty to prosecute those accused of collaboration
with Israel. Abolishment of the death penalty does no mean being tolerant
of criminals; however, an appropriate deterrent penalty which complies with
international law and maintains our humanity, should be considered. 

4) Points to the developing
international trend towards the abolishment of the death penalty and the
necessity of joining such trends and reinforcing Palestinian efforts to abolish
death penalty.