Ref: 125/2021
Date: 05 October 2021
Time: 11:42 GMT
Four death sentences were issued in the Gaza Strip within a week; 2 were issued by the First Instance Court, including one by the Military First Instance Court against a civilian citizen, while the 2 others upheld former sentences. One of the latter was issued from the Military Appeal Court while the other was issued by the Civilian Cassation Court.
The Palestinian Centre for Human Rights (PCHR) condemns such heinous murders, considering them an assault on the whole society. PCHR also emphasizes its total support for the families of victims and stresses their right to remedy and justice. In the meantime, PCHR insists on its position that the death penalty is not the only mean to achieve justice or deter those who may attempt to commit such crimes; rather, it is an inhumane way that conflicts with Palestine’s international legal obligations under the 1989 Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.
According to PCHR’s follow-up, on Monday, 04 October 2021, the First Instance Court in Gaza issued one death by hanging sentence against (M. D.) (28), from al-Sabrah neighborhood, after he was convicted of the premeditated murder of (W. D.) on 08 July 2016 in a family dispute. In the same day, the Permanent Military Court issued one death by hanging sentence against (Sh. S.) (38) from Rafah after he was convicted of accessory to murder of (M. Q.) with 2 others.
Moreover, On 05 October 2021, the Cassation Court in Gaza issued a death by hanging sentence against (Y. B.) (26) after he was convicted of premeditated murder and breaking into others’ property to commit crimes. On 03 October 2021, the Military Appeal Court upheld a death by hanging sentence against (‘A. Gh.) from al-Nussairat refugee camp on grounds of disrupting security and killing police officer (Z. H.) in a fire exchange with a security force that wanted to arrest fugitives he was hiding.
PCHR reminds the authorities in Gaza of Palestine’s international legal obligations under the Second Optional Protocol to the International Covenant on Civil and Political Rights, which obliges Palestine to suspend use of the death penalty as a prelude to its abolishment from Palestinian legislations. Therefore, PCHR calls on the authorities in the Gaza Strip not to use the death penalty and replace it with a life sentence with hard labor.
PCHR expresses its absolute position against trying civilians before military courts, in violation of Article 30 of the Palestinian Basic Law “Each Palestinian shall have the right to seek redress in the judicial system.”
Furthermore, PCHR calls upon the Gaza authorities not to try civilians before military courts and guarantee their right to seek redress before their judge that is at the civilian courts. The Gaza authorities should also ensure them all judicial safeguards and their right to self-defense.
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 Palestinian Law until an elected legislative authority assumes the legislative power and abolishes it from Palestinian legislations.
This is the 12th sentence of its kind in 2021 in the Gaza Strip as 8 previous death sentences were issued this year: 6 at courts of first instance and 2 by the Military Appeal Court. Thus, the total number of death sentences issued by courts of first instance in the Palestinian territory since 1994 reached 244; 30 in the West Bank and 214 in the Gaza Strip. Among those issued in the Gaza Strip, 155 sentences were issued after the 2007 Palestinian political division.
Since the establishment of the PA in 1994, 41 death sentences were executed: 39 in the Gaza Strip, and two in the West Bank. Of those executed in the Gaza Strip, 28 were carried out without the ratification of the Palestinian President in violation of Palestinian law. In this context, PCHR commends the Palestinian President’s position not to ratify any death sentence since 2005 and stresses the need to refrain from ratifying death sentences in a prelude to abolishing this punishment from the Palestinian legislations.