21/2011

On October 11, 2011, the Permanent Military court of Gaza City issued a death sentence by hanging against Mr. Ribhi Ahmad Ribhi Badawi, a 36 year old citizen from the neighborhood of Sheikh Radwan in Gaza city after being convicted of treason. This ruling is contradictory to the provisions of Article 131 of the Revolutionary Penal Law of PLO of 1979.

According to a complaint made by the wife to ICHR, Mr. Badawi is detained in Gaza Rehabilitation and Reform Center (Gaza’s central prison). He was arrested on August 20, 2009 by the internal security apparatus in Gaza and was presented to the military judiciary from where his sentence was handed down.

ICHR sees that this sentence was issued despite the numerous calls by ICHR and other human rights organizations to end the issuing of death sentences in the Palestinian-controlled Territory, and the executions of such sentences since it violates human rights law, in particular the right to life. In addition, presenting civilians before military courts is a violation of international trial standards, which insures that the accused should be presented before a civil judge.

While ICHR insists on the importance and necessity of criminal punishment, and does not undermine in any way the gravity of the crime committed by the accused, it renews its demands:

• The president of the Palestinian National Authority not to ratify the death sentence and replacing it with another appropriate penalty.
• The government in Gaza not to carry any death sentences.
• Death sentences cease in the future, in line with efforts made by the international community towards abolishing the death penalty, and replacing it with a more humane punishment that achieves criminal justice.