Ref: 55/2013

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.