Ref: 108/2020
Date: 19 October 2020
Time: 09:30 GMT
On 18 October 2020, the First Instance Court in Gaza issued three death sentences against M. D. (42), R. D. (27), and B. D. (29), who are accused of killing both ‘A. A. and N. A. using firearms on 08 December 2016, on grounds of family and financial disputes.
The Palestinian Centre for Human Rights (PCHR) stresses its support for the families of murder victims, which is the most dangerous crime of all, and confirms their right to remedy and justice. However, PCHR stresses its position that the death penalty is not an effective means to achive justice or deter those who my attempt to commit these crimes; rather, it is an inhumane method that conflicts with Palestine’s international legal obligations.
PCHR reiterates its rejection for this inhuman punishment and recalls Palestine’s international obligation to abolish it pursuant to its June 2018 accession to the International Covenant on Civil and Political Rights’ 1989 Second Optional Protocol, aiming at abolishing and banning execution of death penalty.
PCHR stresses that global and Palestinian studies and experiments confirm that the death penalty is not an effective means to deter crime. This position does not translate, in any capacity,into tolereance towards crimes or denying the authorities’ duty to maintain security and protect citizens’ lives. Consequently, the authorities must replace this inhuman punishment, as most studies around the world have proven that the death penalty does not contribute to crime reduction. This is confirmed by the reality in the Gaza Strip, which applies the death penalty excessively, especially when compared to the West Bank where zero death sentences were issued since 2015.
PCHR noted that this punishment is not related to a specific religion or ideology, as it is applied by various countries around the world; 2019 statisitcs show that China, Iran, Saudi Arabia, Egypt and Iraq were among the top country to apply the death penalty. This punishment is still legal in the United States, even though several states did abolish it.[1]
With these three sentences, the total number of death sentences issued in Gaza in 2020 rises to 18: 13 new and 5 upholding previous sentences. Thereby, the total number of death sentences issued in the Palestinian Authority (PA) controlled areas rises to 232 since 1994: 30 in the West Bank and 202 in the Gaza Strip. Among those issued in the Gaza Strip, 144 sentences were issued after the political division in 2007.
It is noteworthy that since the establishment of the PA, 41 death sentences were executed: 39 in the Gaza Strip and two in the West Bank. Among the sentences executed in the Gaza Strip, 28 were executed after the 2007 division and without the ratification of the Palestinian President in violation of the law. Nonetheless, PCHR commends the Palestinian President’s position not to ratify any death sentence since 2005; the Centre stresses that a complete moratorium should be applied on ratification of death sentences, as a prelude to the abolishment of this punishment through the Palestinian legislature.
PCHR also calls upon the Palestinian President to issue a law by decree to suspend the use of legal articles related to the death penalty in the Gaza Strip and the West Bank, until an elected legislative authority assumes the legislative power and abolishes it from Palestinian legislations.
[1] World Coalition Against The Death Penalty, 18th World Day Against the Death Penalty: Access to counsel – A matter of life or death, <http://www.worldcoalition.org/worldday.html>
