Statements and Positions
ICHR condemns the issuance of death sentences against seven civilians by Gaza military courts

20 February 2017

08/2017

The Independent Commission for Human Rights (ICHR) condemns the death sentences rendered by the Standing Military Court in the Gaza Strip. The ICHR also condemns the endorsement of other death sentences by the Military Court in its capacity as a Court of Appeals, the Military Justice Authority’s dismissal of petitions to reconsider death sentences, and confirmation of these sentences against citizens in the Gaza Strip.

According to the ICHR monitoring, on Sunday, 9 February 2017, the Standing Military Court (court of first instance) rendered sentences to death by hanging against A. A. and Kh. A., 44- and 49-year-old residents of the Khan Yunis city, and A. A., a 65-year-old resident of the Jabalya refugee camp. These citizens were charged with collaboration with hostile entities.

In its capacity as a Court of Appeals  (court of second instance), the Military Court endorsed two sentences to death by hanging against W. A., a 42-year-old resident of the Gaza city, and M. A., a 31-year-old resident of the Al-Nuseirat refugee camp. Both citizens were also accused of collaboration with the Israeli occupying authorities.

The Military Justice Authority (High Court) confirmed two sentences to death by hanging against A. A. and R. A., both 55 years of age and residents of the Khan Yunis city. The Military Justice Authority dismissed a petition to reconsider the death sentences rendered against A. A. and R. A. on the two levels of judicial proceedings. Both citizens were convicted of collaboration with hostile entities. All death sentences were referenced by the Palestinian Revolutionary Penal Law of 1979. 

According to information provided to the ICHR, all the citizens sentenced to death are civilians, who may not be brought before military courts. Pursuant to the guarantees of fair trial, military prosecution of civilians violates citizens’ right to seek redress in the formal judicial system.

On the other hand, the ICHR monitored four death sentences rendered by Gaza-based civilian courts earlier in January 2017.

The ICHR views the continued issuance of death sentences as a decline of human rights, particularly the right to life. The ICHR reiterates its position, rejecting capital punishment which constitutes a grave violation of the right to life enshrined in international conventions. In particular, Article 3 of the Universal Declaration of Human Rights prescribes that “[e]veryone has the right to life, liberty and security of person.”

The ICHR stresses the need to avoid impunity in accordance with the laws, which safeguard human rights and maintain security and stability of the Palestinian society. However, the ICHR calls:

-        On relevant executive agencies to not carry out any death sentences.

-        To respect guarantees of fair trial and prosecute the accused in tandem with applicable legal norms and considerations.

-        To not refer civilians to military courts. Military prosecution of civilians contradicts Article 101(2) of the Palestinian Amended Basic Law of 2003, which provides that “[m]ilitary courts shall be established by special laws. Such courts may not have any jurisdiction beyond military affairs.”

-        To comply with the international conventions and treaties on human rights, to which the State of Palestine is now a party.

 

Ends