20 March 2017

12/2017

The Independent Commission for Human Rights (ICHR) condemns the two death sentences, which were rendered by the Gaza-based Standing Military Court on Sunday morning, 19 March 2017. Death sentences were entered in reference of the Palestinian Revolutionary Penal Law No. 74 of 1976 and Law No. 7 of 2013 passed by the Palestinian Legislative Council in the Gaza Strip.

According to the ICHR monitoring, the Standing Military Court (court of first instance) rendered a sentence to death by firing squad against R. M., 40 years old, and a sentence to death by hanging against Z. A., 26 years old and fugitive. Charged with drug trafficking, both citizens are residents of the Rafah city in the southern Gaza Strip.

The ICHR views with grave concern the continued usurpation of the competence of civilian jurisdiction and prosecution of civilians before military courts. The ICHR believes that this insistence implies a serious encroachment on human rights, particularly the right to seek redress in the judicial system. It ushers a steady slide into a conduct that gives supremacy to military and security solutions, albeit in a judicial context, over considerations of respect for guarantees of fair trial.

The ICHR is of the view that an ongoing approach to rendering death sentences violates 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.” Death sentences also impinge on human rights, first and foremost 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.”

Since the beginning of 2017, the ICHR has monitored 11 death sentences, which have been rendered by civilian and military courts in the Gaza Strip.

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 responsible authorities in the Gaza Strip:

-        To end the practice of rendering death sentences in consistence with the State of Palestine’s obligations to respect and protect human rights.

-        To respect the guarantees of fair trial and avoid carrying out death sentences without the President’s approval.

-        To not prosecute civilians before military courts.

Ends