Ref: 20/2009

Date: 26 January  2009

Time: 11:00 GMT  

 

 

Military Court in Hebron Sentences a Palestinian to Death; PCHR Calls upon Palestinian President Not to Ratify the Sentence and Demands the Abolishment of Death Penalty from Palestinian Law

 

On Sunday evening, 25 January 2009, the Military Court in Hebron sentenced Mahran Rashad 'Abdul Rahman Abu Jouda, 25, a member of Force 17 (presidential security) from al-'Arroub refugee camp north of Hebron, to death by firing squad. Abu Jouda was arrested nearly two years ago by the General Intelligence Service before ho was transferred to detention by the Military Intelligence Service. The court had held 10 sessions to consider his case before it issued its ruling. The court convicted Abu Jouda of treason in violation of article 131a of the Palestinian Military Penal Act of 1979, so it sentenced him to death. The court ruling can be appealed and it requires the Palestinian President's ratification.

 

It is worth noting that the Revolutionary Penal Code of Palestine Liberation Organization is unconstitutional in the Palestinian National Authority, as it has not been presented to nor approved by the legislature. The Palestinian Centre for Human Rights (PCHR) has repeatedly called for its abolition as it violates international standards of fair trial and does not include fair and independent mechanisms for appealing against court sentences. PCHR reminds that the Penal Code No. 74 of 1939 is applied in the Gaza Strip, while the Jordanian Penal Code No. 16 of 1960 is applied in the West Bank.

 

PCHR is extremely concerned over the continued application of the death penalty in the PNA controlled areas, and therefore:

1. Calls upon the PNA to announce an immediate moratorium on the use of this form of punishment, which violates international human rights standards and instruments, especially the Universal Declaration of Human Rights (1948), the Covenant of Civil and Political Rights (1966), and the UN Convention against Torture (1984).

2. Calls upon Palestinian President Mahmoud Abbas not to ratify these cruel and inhumane sentences, and to prevent their implementation.

3. Reiterates that abolishing the death penalty does imply leniency towards dangerous criminals, who must be subjected to punishment that acts as a deterrent, but also maintains human dignity.

4. Calls upon the PNA to review all legislation relative to the death penalty, especially Law No. 74 (1936) that remains effective in the Gaza Strip, and the Jordanian Penal Code No. 16 (1960) that remains effective in the West Bank, and to enact a unified penal code that conforms to the spirit of international human rights instruments, especially those pertaining to the abolition of the death penalty.