21 April 2016

13/2016

On Monday, 18 April 2016, the Standing Military Court in Gaza rendered three death sentences. At the same time, the High Military Court endorsed another two death penalties. The Standing Military Court entered sentences to death by hanging against citizens A. Q, a 52-year-old resident of Rafah city; W. A., a 41-year-old resident of Al-Daraj neighbourhood of Gaza city; and M. D., a 31-year-old resident of Al-Nuseirat refugee camp.

The High Military Court endorsed a sentence to death by hanging against A. Sh., a31-year-old resident of Gaza city. It also maintained a sentence to death by firing squad against N. A., a 38-year-old resident of Gaza city. Both citizens were convicted of collaboration with hostile entities in reference of Article 131 of the Palestinian Revolutionary Penal Law of 1979.

While it does not underestimate the gravity of crimes imputed to the accused, the Independent Commission for Human Rights (ICHR) emphasises that culprits should not enjoy impunity. However, the ICHR notes down several substantive comments on detention and trial procedures. Observations are informed by the ICHR monitoring and complaints the ICHR received from both the accused and their families. According to information provided to the ICHR, the accused were detained without duly issued arrest warrants. While some had their homes raided, others were summoned by telephone to report to Police stations. Four of the accused are civilians; they do not have any military capacity nor are they employed in any military agency. Additionally, the accused were tortured during interrogation and detention at the Internal Security offices and in unidentified places. According to the complaints they filed to the ICHR, confessions were extracted from the accused to admit the charges imputed to them.

Since the beginning of 2016 until the time of reporting, six death sentences have been entered in the Gaza Strip. By contrast, 10 death penalties were entered in 2015.

Against his background, the ICHR reiterates its demands that the accused be retried in line with the due process of law and that their files be transferred to civil courts. The President of the State of Palestine should continue to refrain from endorsing death sentences. The ICHR demands that the Public Prosecution establish a committee to investigate claims of arbitrary detention and torture, which the ICHR received from the sentenced persons. The ICHR also demands that the Gaza-based judicial system establish a moratorium on death penalties and put an end to enforcing the Revolutionary Penal Law.