A statement for immediate release issued by Human Right and Democracy Media Center “SHAMS” On inflicting five death sentences by the Permanent Military Court in Gaza Strip

“SHAMS” center condemns the sentence of the Permanent Military Court in Gaza Strip of inflicting death sentences upon five accused citizens (death by handing) and (death by firing squad) on Tuesday 19/7/2016. The center is concerned of prosecuting Palestinian civilians before military courts. 

 “SHAMS” center calls on respecting the Palestinian Basic Law especially article (30) which stipulates:

1-      Submitting a case to court is a protected and guaranteed right for all people. Each Palestinian shall have the right to seek redress in the judicial system. Litigation procedures shall be organized by law to guarantee prompt settlement of cases.

2-      Laws may not contain any provisions that provide immunity to any administrative decision or action or against judicial review.

3-       Judicial error shall result in a remedy by the National Authority. Conditions and methods of such remedy shall be regulated by law.

 “SHAMS” center reminds that since the inception of the Palestinian National Authority (PNA) in 1994 until 19/7/2016, it has inflicted (177) death sentences upon citizens who committed different crimes. (147) death sentences were inflicted in Gaza Strip, (30) sentences were inflicted in the West Bank and among the sentences issued in Gaza Strip (89) sentences were issued particularly in 2007. Moreover, since the establishment of the PNA it has implemented (35) death sentences and (33) ones were implemented in Gaza Strip and (2) in the West Bank. It worth noting that among sentences implemented in Gaza Strip, (22) ones were implemented since 2007 extra-legally, without the approval the Palestinian President.  

SHAMS center significantly requests to respect the efforts of the Palestinians leaders aiming to accede to additional human rights conventions, which secure the right to life. It also calls on the Palestinian National Authority to sign the Second Optional Protocol of 1989 Annexed to International Convenant on Political and Civil Rights aiming at the abolition of death penalty. The center also urges the Palestinian president Mahmoud Abbass so as not to ratify death sentences, and to employ his constitutional powers to abolish death penalty from the Palestinian legislations.