PRESS RELEASED

Two Youths Were Killed in Rafah by Palestinian Security Forces during a Demonstration Protesting against the Death Sentence Imposed on a Rafah Citizen by the Palestinian State Security Court

Ref.: 30/99

Date: 10^th March 1999

This morning the Palestinian State Security Court sentenced Ra’id Ahmed El-Attar (25 years old from Rafah) to death by firing squad after he was convicted of the willful killing of Seargent Rifat Mohammed Joudeh. Mohammed Ibrahim Abu Shammala, 25 years old from Rafah and Osama Suleiman Abu Taha, 24 years old from Rafah were sentenced to life imprisonment and 15 years imprisonment respectively on the same background. As soon as the court announced its ruling, demonstrations erupted in Rafah to protest against this decision. Two citizens were killed and three other citizens were injured, some of the injuries were severe.

The three persons who were sentenced by the court were known in the past for their affiliation to Ezz El-Deen El-Qassam – the armed wing of the Islamic Resistance Movement, but for the last few months they have been working with the Palestinian special security forces, headed by Colonel Sami Abu Samhadana. On February 1^st, 1999, they were chased by members of Palestinian preventative security services. Consequently, Seargent Rifat Mohammed Joudeh (35 years old from Rafah and a member of the preventative security services) was killed. The three persons fled from the scene, though one of them sustained injuries (Raid Al-Attar). Meanwhile, demonstrations erupted in Rafah, apparently with the support of members of the preventative security services. During the demonstrations, car tyres were burned and the all entries to Rafah were closed off. Demonstrators demanded that the three persons be punished with the most severe penalty.

On February 10^th, 1999, the three persons surrendered to the Palestinian police and were brought before the State Security Court. The court held its first session on February 25^th, 1999. In its fifth and final session which was held this morning, March 10^th, the court issued its sentences against the accused based on the PLO Revolutionary Penal Code of 1979. Immediately after the court decision, PCHR sent an urgent appeal to President Yasser Arafat not to ratify the court decision regarding the death sentence against Ra’id El-Attar.

Soon after the court decision, tension erupted in Rafah where hundreds of civilians protested the ruling and began to throw stones at the Palestinian security forces, who were attempting to disperse the demonstrators. According to PCHR fieldworkers, the demonstrators were not posing any threat to the Palestinian security forces when they responded by shooting randomly with live ammunition. Ala Jumaa Al-Hams (17 years old from Rafah) was killed after he was injured by a bullet in his forehead and Khamees Mahmoud Salama (also 17 from Rafah) was also killed after he was injured in the chest.

PCHR fieldworkers reported that 3 other persons were injured, including a ten year old child. They were all transferred to Nasser hospital in Khan Younis.

PCHR expresses its deep concern over the deterioration of the situation in Rafah, in the light of the State Security Court decision. On previous occasions, PCHR and other Palestinian human rights organizations have criticized the establishment of the State Security Court and its continuous activity. This court does not provide even the most basic standards for a fair trial and when it comes to the death penalty, the situation is even more critical.

Accordingly, PCHR demands the following:

1. The death penalty should be abolished by the PA and President Arafat should not ratify the death penalty against Ra’id El-Attar.
2. The State Security Court should be abandoned and the PLO Revolutionary Penal Code of 1979 should also be cancelled, as it is an unconstitutional code.
3. The PA should investigate the events in Rafah, which led to the death of two civilians and bring those responsible to justice.
4. The Palestinian civil judiciary should be promoted and empowered with full delegation in accordance with Palestinian law. In this respect, PCHR calls upon the PA to appoint a Chief Justice and an Attorney General, since these two positions are still vacant from last year.

 

 For More Information Contact:Palestinian Centre for Human Rights

Tel/Fax: (+) 9727 2824776/2823725

E-mail: [email protected]