The Independent Commission for Human Rights (ICHR) condemns the execution of three citizens by the Gaza-based Ministry of Interior. The three citizens were executed at the Gaza Correction and Rehabilitation Centre (Al Katibah) at dawn on Tuesday, 31 May 2016. The ICHR reiterates its opposition to the death penalty. In the absence of the President's endorsement of the death sentences, the execution of these citizens amounts to extrajudicial killing.

According to information provided to the ICHR, at 4:00 am, the Gaza-based Ministry of Interior executed the following citizens:

- Mohammed Fat'hi Mohammed Othman, a 29-year-old resident of the Rafah city, sentenced to death by hanging by the Khan Yunis Court of First Instance.

- Yousef Mohammed Abu Shamlah, a 38-year-old resident of the Central Gaza governorate, sentenced to death by hanging by the Deir al Balah Court of Instance.

- Ahmed Hilmi Abdul Qader Sharab, a 43-year-old resident of the Khan Yunis city, Southern Gaza, sentenced to death by firing squad by the Standing Military Court in Gaza.

The ICHR stresses that offenders must be subject to fair trials. Deterrent penalties must be imposed on convicted offenders. All legal measures designed to protect society values and community safety must also be in place. At the same time, however, the ICHR notes the following about these executions:

- The executions are unlawful because the President of the Palestinian National Authority did not endorse death sentences insomuch as this is an exclusive right vested in the President of the State. According to Article 109 of the Palestinian Basic Law, "[a] death sentence pronounced by any court may not be implemented unless endorsed by the President of the Palestinian National Authority." This is further confirmed by Article 409 of the 2012 Palestinian Law of Penal Procedure.

- The death sentence against Sharab was rendered by the military court over a short span of time (two weeks). This highlights the suspicion that fair trial guarantees and accused person's right of defence were disrespected. It further indicates submission to pressure exerted by victims' families and expedited execution of the death penalty.

- Gaza-based authorities continue to take civilians before military courts. This is in conflict with the provisions of Article 101(2) of the Palestinian Amended Basic Law of 2003, which prescribes that "[m]ilitary courts shall be established by special laws. Such courts may not have any jurisdiction beyond military affairs."

Responsible authorities in the Gaza Strip have executed the aforementioned citizens in spite of civil society calls to not carry out the death sentences rendered against them. In light of absent fair trial guarantees, the executions directly violate the principle of legitimacy and constitute a serious setback to public rights and freedoms in the Gaza Strip. Against this background, the ICHR confirms its opposition to the death penalty and demands that death sentences set to be carried out over the upcoming period in Gaza be revoked. In addition to safeguarding all fair trial guarantees, taking civilians before military courts must come to an end. In preparation to annul it, Palestinian laws and regulations providing for the death penalty must be reviewed. A consolidated penal law to be consistent with international human rights standards must also be enacted. The ICHR further demands that international human rights conventions, to which the State of Palestine acceded, be complied with.