Ref: 55/2013
Date: 26 May 2013
Time: 11:08 GMT

On Thursday, 23 May 2013, the Permanent Military Court sentenced (E. S. H.), 46, a civilian from al-Shati’ refugee camp in the west of Gaza City, to death by hanging after convicting him of collaboration with hostile parties according to the Palestinian Revolutionary Penal Code of 1979.

According to PCHR’s documentation, this is the third death sentence to be issued in 2013. Thus, the total number of death sentences issued by the Palestinian National Authority (PNA) has risen to 135 sentences since 1994, of which 27 have been issued in the West Bank and 108 in the Gaza Strip. Among those issued in the Gaza Strip, 14 sentences have been issued since 2007 without ratification of the Palestinian President in violation of the law.

In light of the above, Palestinian Centre for Human Rights (PCHR) stresses the following:
It should be noted that the 1979 Revolutionary Penal Code of the Palestine Liberation Organization (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.

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

1. 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.
2. 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;
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;
5. Emphasizes that the Palestinian Authority 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.