Ref: 73/2011

The
Palestinian Center for Human Rights (PCHR) strongly condemns the implementation
of death sentences against two Palestinians this morning.  These death sentences were implemented without
the ratification of the Palestinian President.  PCHR reiterates that the
ratification of death sentences is an exclusive power 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.  PCHR stresses that the ratification of such
sentences is necessary especially following signing the Palestinian
reconciliation agreement in May 2011.

According
to information available to PCHR, on Tuesday morning, 26 July 2011, the
Ministry of Interior in Gaza executed by hanging (M.A.Q), 60, and (R.A.Q), 29,
who were sentenced to death by a civilian court on 29 November 2004 after they
had been convicted of collaboration with foreign security bodies and murder.  The Interior Ministry issued a press release
this morning and explained that: “The death sentences were implemented
after exhausting all available means of challenge. They have had the res
judicata effect and have become final and enforceable after the sentenced were
given all of their rights.”  The
Ministry of Interior added: “These death sentences have been implemented
after the Palestinian government’s approval of a decision to implement death
penalty…. On 29 November 2011, Gaza Court of First Instance sentenced the
defendants to death by hanging.  On 14
July 2011, the Court of Cassation rejected an appeal against the death sentence
and endorsed the sentence of the Court of First Instance.”

Since
2006, the government in Gaza has implemented 8 death sentences including 5
sentences for collaboration with foreign bodies and 3 sentences for murders.  Since the establishment of the Palestinian
National Authority (PNA), 21 death sentences have been implemented.

In
light of the above:

1. PCHR emphasizes that the PNA has the right to prosecute alleged
traitors for crimes of treason, including those who collaborate with occupation
authorities.  However, PCHR emphasizes
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
maintaining  the humanity of the accused.

2. PCHR confirms that the ratification of death sentences is an
exclusive power 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.  There is no
justification for the implementation of such sentences especially after signing
the Palestinian reconciliation agreement in Cairo in May 2011.

3. PCHR 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;

4. PCHR points with concern to the ramifications of the political
fragmentation on the performance of the judiciary, which requires abstaining
from the implementation of such irreversible cruel sentences;

5. PCHR points also to the growing international trends directed
towards the abolishment of death penalty and the necessity to conjugate efforts
at the Palestinian level for such purpose.