The Palestinian Center for Human Rights (PCHR) strongly condemns the implementation of three death sentences in the Gaza Strip this morning. These death sentences were carried out without the ratification of the Palestinian President. While rejecting the implementation of the death penalty in all circumstances, PCHR emphasizes that the ratification of death sentences is an exclusive right of the President of the Palestinian National Authority (PNA) under the Code of Criminal Procedures no. 3 of 2001: the implementation of any death sentences without the President's ratification constitutes a violation of the law and constitution.

According to investigations conducted by PCHR, on Tuesday morning, 18 May 2010, the Ministry of Interior in Gaza executed by hanging three Palestinians from Gaza City:

1. Matar Harb al-Shoubaki, 35, who was sentenced to death by a civil court on 15 March 1996 after he had been convicted of participation in murdering Suheil al-Sayed.
2. Rami Mohammed Sa'id Juha, 25, who was sentenced to death by a civil court on 13 April 2004 after he had been convicted of participation in raping and murdering Mayada Khalil Abu Lamdi on 25 September 2003.
3. 'Amer Saber Hussein Jundeya, 33, a member of the National Security Forces ho was sentenced to death by the Military Court in Gaza City on 10 March 2009 after he had been convicted of murdering Fawwaz Jamil 'Ajjour, 40, from Gaza City on 4 October 2008.

The website of the Ministry of Interior in Gaza reported today that the Ministry implemented three death sentences against three criminals convicted of willful killing. The Ministry claimed that all appeals against these sentences were considered and that the defendants had been given the right to defend themselves. The Ministry of Interior also claimed that it took all legal measures required according to the law in the implementation of sentences in presence of figures determined by the law. PCHR reiterates that the ratification of death sentences is an exclusive right of the Palestinian President, and that implementation of the death penalty without this ratification constitutes a violation of the law and the constitution.

It should be noted that on 10 May 2010, the Palestinian Centre for Human Rights (PCHR) sent a letter to Palestinian President, Mahmoud Abbas, appealing to him to stop the application of the death penalty under the Palestinian National Authority (PNA). PCHR has requested that President Abbas, in his capacity as President of the PNA and in accordance with Article 43 of the PNA Basic Law, issue a presidential decree that has the power of a law stopping the application of the death penalty both at the legislative and executive levels. PCHR sent this letter in light of the execution by the government in Gaza of Nasser Abu Fraih and Mohammed Isma'il (al-Sabe') on 15 April 2010 in violation of the law and the constitution.[1] PCHR has expressed concerns that more death sentences may be implemented.

In light of the above, PCHR:

1) Confirms that the ratification of death sentences is an exclusive right of the President of the Palestinian National Authority (PNA) under the Code of Criminal Procedures (3) of 2001, and the implementation of death sentences without the President's ratification constitutes a violation of the law and constitution.
2) Reiterates its position rejecting the death penalty, which is a grave and unjustified violation of the right to life and a form of torture and inhumane and cruel treatment. The death penalty is not a deterrent to crime, as seen in the experiences of other states applying this penalty.
3) Points with grave concerns to the serious impacts of the state of political fragmentation on the work of the judiciary, which necessitate refraining from the implementation of such cruel irreversible sentences.
4) Reiterates that its position rejecting the application of death penalty does not mean defending criminals and being tolerant with them; rather, PCHR calls for the enhancement of the rule of law and prosecution and punishment of criminals, but not through issuing and implementing death sentences.
5) Points to the international developing trends to abolish the death penalty at the international level and the necessity of joining such trends and conjugating Palestinian efforts to abolish death penalty.

Detailed Information about the Death Penalty under PNA Rule Since Establishment of PNA in 1995, According to PCHR's documentation

Description Number
Total death sentences issued under PNA rule 103
Death sentences issued in the West Bank 23
Death sentences issued in the Gaza Strip 80
Death sentences issued by military courts 47
Death sentences issued by State Security courts 38
Death sentences issued by civil courts 18

Death sentences issued in the Gaza Strip before the events of June 2007 60
Death sentences issued in the Gaza Strip after the events of June 2007 20

Death sentences officially implemented under PNA rule 18
Death sentences officially implemented in the West Bank 2
Death sentences officially implemented in the Gaza Strip 16
Death sentences officially implemented in the Gaza Strip before the events of June 2007 11
Death sentences officially implemented in the Gaza Strip after the events of June 2007 5

Persons sentenced to death and killed by gunmen since the establishment of the PNA 15
Persons sentenced to death and killed by gunmen in the West Bank 4
Persons sentenced to death and killed by gunmen in the Gaza Strip 11
Persons sentenced to death and killed by gunmen in the West Bank before the events of June 2007 4
Persons sentenced to death and killed by gunmen in the Gaza Strip before the events of June 2007 6
Persons sentenced to death and killed by gunmen in the Gaza Strip after the events of June 2007 5

Death sentences reduced to life imprisonment in the Gaza Strip before the events of June 2007 2