Ref: 58/2009

 

Date: 29 April 2009

 

Time: 11: 10 GMT 

 

Military Court in Hebron Sentences Civilian to Death

PCHR Urges President not to Ratify Sentence

On Tuesday, 28 April 2009, the Special Palestinian Military Court at the Military Justice Headquarters in Hebron sentenced Anwar Mahmoud Mohammed Ereghith, 59, from ‘Ummar village in the north of Hebron, to death on charges of treason and selling Palestinian lands to Israel. The defendant was arrested and detained by the General Palestinian Intelligence Service approximately seven months ago.  

According to data available at the Palestinian Centre for Human Rights (PCHR), the “Special” Palestinian Military Court at the Military Justice Headquarters in Hebron initially reviewed the case on 21 April 2009. The case is the first of its kind to be brought before the Military Justice in Hebron. The defendant was charged with treason on the basis of “spying and stealthily passing lands to Israelis”. On Tuesday, 28 April 2009, the Court delivered its final verdict. Brigadier General Judge Abdul Karim Mousa al-Masri chaired the Justice Committee, which included Lieutenant Colonel Judge Mehrez ‘Eitani and Lieutenant Colonel Judge Nabil Jaber.

The Court sentenced Anwar Mahmoud Mohammed Ereghith to death by hanging, in accordance with Article 131/1 of the Revolutionary Penal Code of the Palestine Liberation Organization (PLO) of 1979, Article 4 of Law no. 30 for the year 1973 relative to the prevention of selling property to the enemy, Article 2 of the Unified Code to Boycott Israel no. 10 for the year 1958, Article 2 of the Act on Trade with Israel no. 766 for the year 1953, taking into consideration subsequent amendments made to the Jordanian codes and Article 486 of the Revolutionary Penal Code for the year 1979.

The defendant was sentenced to death and is prevented from settling his movable and immovable assets (as long as he is alive). The verdict was as follows: “By the name of Allah and by the name of the Palestinian people, the sentence was passed unanimously and explicitly consented. It is not subject to any form of appeal at all (Article 247/b Military Rules 79). It is subject to ratification by President Mahmoud ‘Abbas “Abu Mazen”, the President of the State of Palestine and the Supreme Commander of the Forces”.

PCHR notes that the 1979 Revolutionary Penal Code of the PLO is unconstitutional within the Palestinian National Authority (PNA) as it has not been presented to, nor approved by, the legislature. PCHR has repeatedly called for its abolition as it violates international standards of fair trial and does not include fair and independent mechanisms of appeal.

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 death penalty, 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 its implementation.
3. Reiterates that abolishing the death penalty does not 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 – particularly Law No. 74 (1936) that remains in effect in the Gaza Strip, and the Jordanian Penal Code No. 16 (1960) that remains in effect 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.