13 oct 2016
The Israeli groups, Peace Now and Ir Amim, have recently released a joint report on Israel’s settlement expansion in Batan al-Hawa neighborhood of Silwan, the most sensitive and volatile areas in Occupied Jerusalem.
The report, titled “Broken Trust: State Involvement in Private Settlement in Batan Al-Hawa, Silwan,” describes how, since 2001, the government-backed Ateret Cohanim settler organization has been working on transforming Batan al-Hawa into a large Israeli settlement through questionable acquisition of Palestinian properties and forced eviction and removal of Palestinian families who have lived in the neighborhood for decades.
The report warned that Batan al-Hawa would become the largest settlement compound in a Palestinian neighborhood in the Historic Basin of the Old City, significantly contributing to the emerging ring of settlements around the Old City, creating an irreversible reality and severely undermining the possibility of a future two-state solution.
Ateret Cohanim’s frenzied attempts to take over the Palestinian neighborhood threaten to displace 100 families, composed of 600 Palestinians, from their homes.
By the end of 2015, the settler organization had quadrupled the number of housing units in its possession, taking over a total of some 27 units in six buildings in the neighborhood. There are also 12 other Palestinian units, where an additional 51 families are living, currently pending eviction claims.
The groups accused the government of acting through the General Custodian and the Registrar of Trusts, both under the Israeli ministry of justice, to facilitate settlers’ seizure of Batan al-Hawa, as well as providing roughly one million shekels each year to fund private security to radical settlers in the hearts of Palestinian neighborhoods in east Jerusalem.
“The settlement in Batan al-Hawa is an integral part of efforts by settler organizations and Israeli authorities to consolidate Jewish control of the Old City and the surrounding Palestinian neighborhoods, to create an irreversible reality in the Holy Basin around the Old City that deliberately subverts efforts to negotiate an agreed political resolution on Jerusalem,” the groups warned.
The report, titled “Broken Trust: State Involvement in Private Settlement in Batan Al-Hawa, Silwan,” describes how, since 2001, the government-backed Ateret Cohanim settler organization has been working on transforming Batan al-Hawa into a large Israeli settlement through questionable acquisition of Palestinian properties and forced eviction and removal of Palestinian families who have lived in the neighborhood for decades.
The report warned that Batan al-Hawa would become the largest settlement compound in a Palestinian neighborhood in the Historic Basin of the Old City, significantly contributing to the emerging ring of settlements around the Old City, creating an irreversible reality and severely undermining the possibility of a future two-state solution.
Ateret Cohanim’s frenzied attempts to take over the Palestinian neighborhood threaten to displace 100 families, composed of 600 Palestinians, from their homes.
By the end of 2015, the settler organization had quadrupled the number of housing units in its possession, taking over a total of some 27 units in six buildings in the neighborhood. There are also 12 other Palestinian units, where an additional 51 families are living, currently pending eviction claims.
The groups accused the government of acting through the General Custodian and the Registrar of Trusts, both under the Israeli ministry of justice, to facilitate settlers’ seizure of Batan al-Hawa, as well as providing roughly one million shekels each year to fund private security to radical settlers in the hearts of Palestinian neighborhoods in east Jerusalem.
“The settlement in Batan al-Hawa is an integral part of efforts by settler organizations and Israeli authorities to consolidate Jewish control of the Old City and the surrounding Palestinian neighborhoods, to create an irreversible reality in the Holy Basin around the Old City that deliberately subverts efforts to negotiate an agreed political resolution on Jerusalem,” the groups warned.
The council meeting for FIFA, the worldwide football association, that opens on Thursday, October 13, 2016 in Zurich, will hear from a monitoring committee it established in 2015 to review its sponsorship of matches on Israeli settlements in the West Bank.
In a report issued on September 25, 2016, Human Rights Watch called for FIFA to bar its affiliate, the Israeli Football Association (IFA), from organizing football activities in West Bank settlements because those settlements are illegal under the Fourth Geneva Convention governing the transfer of population to occupied territory.
Six football clubs that play in the IFA host their official home matches in settlements, on land unlawfully taken from and off-limits to Palestinians.
FIFA’s own rules prohibit a member association from holding competitions on the territory of another member association without permission. In an October 8 letter to FIFA President Gianni Infantino, the Palestine Football Association reiterated its objection to FIFA-sponsored matches in settlements.
“The council meeting is a chance for the new FIFA president, Gianni Infantino, to show FIFA’s commitment to upholding human rights in its operations,” said Minky Worden, global advocacy director at Human Rights Watch. “The council should rule that if settlement teams want to maintain their FIFA affiliation they must relocate to Israel.”
Human Rights Watch has extensively documented abuses tied to FIFA activities and infrastructure construction, including in Russia and Qatar in preparation for the World Cup competitions scheduled in those countries for 2018 and 2022 respectively. Human Rights Watch has urged FIFA to develop effective rights policies and practices to end such abuses and enable victims to secure redress.
For more Human Rights Watch reporting on Israel and Palestine, please click here
sources: Human Rights Watch press release
In a report issued on September 25, 2016, Human Rights Watch called for FIFA to bar its affiliate, the Israeli Football Association (IFA), from organizing football activities in West Bank settlements because those settlements are illegal under the Fourth Geneva Convention governing the transfer of population to occupied territory.
Six football clubs that play in the IFA host their official home matches in settlements, on land unlawfully taken from and off-limits to Palestinians.
FIFA’s own rules prohibit a member association from holding competitions on the territory of another member association without permission. In an October 8 letter to FIFA President Gianni Infantino, the Palestine Football Association reiterated its objection to FIFA-sponsored matches in settlements.
“The council meeting is a chance for the new FIFA president, Gianni Infantino, to show FIFA’s commitment to upholding human rights in its operations,” said Minky Worden, global advocacy director at Human Rights Watch. “The council should rule that if settlement teams want to maintain their FIFA affiliation they must relocate to Israel.”
Human Rights Watch has extensively documented abuses tied to FIFA activities and infrastructure construction, including in Russia and Qatar in preparation for the World Cup competitions scheduled in those countries for 2018 and 2022 respectively. Human Rights Watch has urged FIFA to develop effective rights policies and practices to end such abuses and enable victims to secure redress.
For more Human Rights Watch reporting on Israel and Palestine, please click here
sources: Human Rights Watch press release
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World Day against Death Penalty, 10 October 2016, The Palestinian Center for Human Rights (PCHR) – “On the World Day against Death Penalty, we stress that our struggle will continue on all levels to abolish this penalty… We believe, as everybody else do, the purpose of this punishment is reform and deterrence. However, death penalty does not achieve both sides of this purpose.
This was proven with facts and researches made by the countries that apply this penalty the most… Justice is meant to bring safety and serenity not revenge”. Lawyer Raji Sourani: Introduction |
Death penalty is considered one of the most controversial issues in the Palestinian community for its social, religious and security dimensions in the Palestinian community particularly and Arab countries generally.
PCHR has had an obvious position against death penalty since the very first day it was established although PCHR has realized such a position will not be reasonable for a big sector of the community that has been affected by different misinterpretations of the religious text concerning this penalty or the common concept of deterrence gained by this penalty, which has not been proved by facts nor researches.
PCHR has worked throughout over 20 years against death penalty, created a social controversy against it and dedicated a big part of its efforts towards stopping this penalty paving the way for its abolishment.
PCHR’s position is based on legal, reasonable and moral justifications explained in this paper below.
The split of the Palestinian Authority (PA) in 2007 frustrated the efforts aiming at the abolishment of death penalty.
It should be noted that PCHR has practiced huge efforts upholding a penal code without death penalty. PCHR went far on this track through meetings with decision makers, making correspondences, awareness-raising campaigns and debates until a draft of the Palestinian Penal Code was issued excluding death penalty.
Nonetheless, the split happened and not only obstructed all these efforts, but increased the application of this penalty also. There has a been a significant rise of this penalty following the Palestinian split, mainly in the Gaza Strip.
Death penalty in the PA is regulated by 3 penal codes. One of them is military and was issued by the Palestinian Liberation Organization (PLO) while the 2 others were civil; one of them is applicable in the West Bank and the other is applicable in the Gaza Strip.
These laws are flawed for the over-imposition of death penalty concerning many crimes, some of which are political such as “conspiracy to overthrow the government”.
Military courts apply this penalty the most and practice their jurisdiction even on civilians in some cases, especially concerning collaboration with the Israeli occupation.
Bringing civilians before military courts is a grave violation of human rights and the Palestinian Basic Law (PBL) that stressed each person’s right to be presented before his/her natural judge.
PCHR has always highlighted its bias for the victims of death penalty.
However, PCHR stressed that its position does not mean to be lenient with criminals or abandon the requirements of security. All of this does not distort PCHR’s message of justice and righteousness that demands commitment to the justice requirements.
Justice requires that attributing a crime to its doer should be done without any logical doubts and any slight doubt found should be in favor of the accused person.
Moreover, the punishment must be commensurate with the crime and must not be degrading or severe, taking in consideration the punishment is imposed for reform not revenge.
This interpretation of justice is supported with studies and researches on which PCHR’s position is based, especially concerning the relation between death penalty and security.
PCHR underscores that its vision regarding death penalty relies on legal, impartial and moral justifications that do not in any form contradict with the Islamic Shari’a goals, which glorify life and human dignity.
PCHR believes that the insistence on the application of this punishment, which is irreversible, although the conditions and requirements for applying it are not available may put lives of innocents at stake and jeopardize the community’s serenity and security that are the main aims of justice.
Therefore, PCHR emphasizes on the World Day against Death Penalty, 10 October, that efforts will go on to abolish this inhumane penalty, taking in consideration the public interest and justice requirements that reject the killing of an innocent person.
This paper briefly displays facts about death penalty in Palestine and PCHR’s position towards it in eight items. Moreover, it includes recommendations for decision makers. The eight items are as follows:
First: Using Death Penalty by Palestinian Courts
Death penalty is defined as putting a person to death by a sentence issued by a competent court in due process. The Palestinian laws stipulate death penalty before Palestinian courts, whereas 10-15 death sentences are issued annually.
The majority of these sentences are issued in the Gaza Strip on grounds of collaboration with Israeli forces. Following are statistics relevant to using death penalty before Palestinian courts:
Second: Application of Death Sentences in Palestine
The number of death sentences applied in the PA so far are 35. Eighty-seven convicted persons are waiting in the Palestinian prisons for the application of death sentences. Following are facts relevant to the application of death penalty in the PA:
No death sentences have been applied in the West Bank since 2002 and the Palestinian President has not ratified any death sentence since 2005. In the West Bank, 2 death sentences have been applied since the establishment of the PA.
Third: Laws Regulating Death Penalty in Palestine
Six laws regulate death penalty in the PA; 3 of which are penal codes that identify criminalized acts and punishments imposed on them.
The 3 other laws are procedural, as they include certain texts relevant to the issuance or application of death sentences. Some of these laws are applicable in the Gaza Strip only while the others are applicable in the West Bank only. However, there are laws applied in both areas.
Following are these laws and in what areas they are applicable:
Fourth: Number of Crimes Requiring the Application of Death Penalty in the Palestinian law
The Palestinian penal codes identified the crimes the require the application of death penalty. These crimes were many; the majority of which were political. Following are a demonstration of a number of crimes punishable by death in the Palestinian law:
Fifth: PA’s International Obligations relevant to Death Penalty:
In 2014, the State of Palestine acceded to the 1966 International Covenant on Civil and Political Rights (ICCPR) without any reservations.
Thus, Palestine became bound by all the ICCPR’s terms, including Article 6 which imposed guarantees and obligations on countries to apply this penalty until it is cancelled. Article 6 stipulates that:
“2- In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgment rendered by a competent court…. 4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases. 5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women. 6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.”
Despite PCHR’s persistent calls, the State of Palestine has not acceded yet to the Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty.
Sixth: Conditions Required for the Application of Death Penalty in Palestinian Legislations
The Palestinian laws stipulate a number of procedural and impartial guarantees to issue or apply a death sentence. These guarantees are proper and meet the conditions required by the international standards, which impose such conditions on countries that have not so far abolished death penalty.
These guarantees are flawed for the absence of the rule of law in the Palestinian society and poor Penal Code.
Seventh: To What Extent Palestinian Legislations Related to Death Penalty Fit the International Standards
The legislations regulating the death penalty in the PA violate the human rights standards and rule of law as explained below:
Eighth: PCHR’s Position
PCHR is basically rejecting death penalty for human reasons par excellence. However, PCHR’s hard work in this field is not only motivated by this position, it is rather based on the justice requirements.
As mentioned above, there are a number of constitutional and legal guarantees for the application of death penalty included in the Palestinian laws.
The PA, especially in the Gaza Strip, cannot be committed to these guarantees, which violates the PA obligations according to article 6 of the ICCPR.
Following is an explanation of PCHR’s position towards death penalty and the basis on which death penalty should be abolished in the PA.
PCHR’s position against death penalty relies on humane and moral grounds. PCHR believes that its position does not conflict with the spirit and teachings of Islam that aims at maintaining the human life. Grounds on which PCHR’s position is based are:
PCHR opposes the use of death penalty in the PA controlled areas due to lack of adequate guarantees for the application of such serious and irreversible punishment. PCHR’s position justifications are as follows:
Ninth: PCHR’s Recommendation
PCHR calls upon the Palestinian President to sign the Second Optional Protocol to the ICCPR and to issue a Presidential decision to halt the application of this penalty until it is abolished by the PLC when convened;
Follow PCHR on Facebook and Twitter
For more information please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 – 2825893
PCHR, 29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail: pchr@pchrgaza.org, Webpage http://www.pchrgaza.org
PCHR has had an obvious position against death penalty since the very first day it was established although PCHR has realized such a position will not be reasonable for a big sector of the community that has been affected by different misinterpretations of the religious text concerning this penalty or the common concept of deterrence gained by this penalty, which has not been proved by facts nor researches.
PCHR has worked throughout over 20 years against death penalty, created a social controversy against it and dedicated a big part of its efforts towards stopping this penalty paving the way for its abolishment.
PCHR’s position is based on legal, reasonable and moral justifications explained in this paper below.
The split of the Palestinian Authority (PA) in 2007 frustrated the efforts aiming at the abolishment of death penalty.
It should be noted that PCHR has practiced huge efforts upholding a penal code without death penalty. PCHR went far on this track through meetings with decision makers, making correspondences, awareness-raising campaigns and debates until a draft of the Palestinian Penal Code was issued excluding death penalty.
Nonetheless, the split happened and not only obstructed all these efforts, but increased the application of this penalty also. There has a been a significant rise of this penalty following the Palestinian split, mainly in the Gaza Strip.
Death penalty in the PA is regulated by 3 penal codes. One of them is military and was issued by the Palestinian Liberation Organization (PLO) while the 2 others were civil; one of them is applicable in the West Bank and the other is applicable in the Gaza Strip.
These laws are flawed for the over-imposition of death penalty concerning many crimes, some of which are political such as “conspiracy to overthrow the government”.
Military courts apply this penalty the most and practice their jurisdiction even on civilians in some cases, especially concerning collaboration with the Israeli occupation.
Bringing civilians before military courts is a grave violation of human rights and the Palestinian Basic Law (PBL) that stressed each person’s right to be presented before his/her natural judge.
PCHR has always highlighted its bias for the victims of death penalty.
However, PCHR stressed that its position does not mean to be lenient with criminals or abandon the requirements of security. All of this does not distort PCHR’s message of justice and righteousness that demands commitment to the justice requirements.
Justice requires that attributing a crime to its doer should be done without any logical doubts and any slight doubt found should be in favor of the accused person.
Moreover, the punishment must be commensurate with the crime and must not be degrading or severe, taking in consideration the punishment is imposed for reform not revenge.
This interpretation of justice is supported with studies and researches on which PCHR’s position is based, especially concerning the relation between death penalty and security.
PCHR underscores that its vision regarding death penalty relies on legal, impartial and moral justifications that do not in any form contradict with the Islamic Shari’a goals, which glorify life and human dignity.
PCHR believes that the insistence on the application of this punishment, which is irreversible, although the conditions and requirements for applying it are not available may put lives of innocents at stake and jeopardize the community’s serenity and security that are the main aims of justice.
Therefore, PCHR emphasizes on the World Day against Death Penalty, 10 October, that efforts will go on to abolish this inhumane penalty, taking in consideration the public interest and justice requirements that reject the killing of an innocent person.
This paper briefly displays facts about death penalty in Palestine and PCHR’s position towards it in eight items. Moreover, it includes recommendations for decision makers. The eight items are as follows:
- Using death penalty before Palestinian courts.
- Application of death sentences in Palestine.
- Laws regulating death penalty in Palestine.
- Number of crimes requiring the application of death penalty in the Palestinian law.
- International obligations on the PA concerning death penalty.
- Conditions required for the application of death penalty in Palestinian legislations.
- To what extent Palestinian legislations related to death penalty fit the international standards.
- PCHR’s position.
First: Using Death Penalty by Palestinian Courts
Death penalty is defined as putting a person to death by a sentence issued by a competent court in due process. The Palestinian laws stipulate death penalty before Palestinian courts, whereas 10-15 death sentences are issued annually.
The majority of these sentences are issued in the Gaza Strip on grounds of collaboration with Israeli forces. Following are statistics relevant to using death penalty before Palestinian courts:
- Facts on death sentences issued in 2016
- Death sentences that has been issued in 2016 so far are 16. All of them were issued in the Gaza Strip. Four of the sentences were issued by high courts upholding previous sentences.
- In 2016, 12 death sentences have been issued by military courts so far.
- In 2016 also, 4 death sentences have been issued by civil courts so far.
- Facts on death sentences issued since the establishment of the PA in 1994 until now:
- Death sentences issued by different courts (civil and military) are 180.
- Number of death sentences issued in the Gaza Strip: 150.
- Number of death sentence issued in the West Bank: 30.
- Number of death sentences issued in the Gaza Strip following the Palestinian spit in 2007: 91.
- Number of death sentences issued by military courts since the split in Gaza: 67.
Second: Application of Death Sentences in Palestine
The number of death sentences applied in the PA so far are 35. Eighty-seven convicted persons are waiting in the Palestinian prisons for the application of death sentences. Following are facts relevant to the application of death penalty in the PA:
- The Gaza Strip:
- The majority of death sentences in the Gaza Strip were applied following the internal split. All of them were applied without the ratification of the Palestinian President, as the previous government’s Council of Ministers in Gaza approved all the sentences in a clear violation of the law, especially the 2003 PBL. There are 3 sentences that were applied following the formation of the unity government in 2014.
- Number of sentences applied upon the ratification of the President: 11.
- Number of sentences applied without the ratification of the Palestinian President in violation of the law, mainly article 109 of the PBL, and all of them were in the Gaza Strip: 22. Three of them were applied after the unity government was formed.
- The West Bank:
No death sentences have been applied in the West Bank since 2002 and the Palestinian President has not ratified any death sentence since 2005. In the West Bank, 2 death sentences have been applied since the establishment of the PA.
Third: Laws Regulating Death Penalty in Palestine
Six laws regulate death penalty in the PA; 3 of which are penal codes that identify criminalized acts and punishments imposed on them.
The 3 other laws are procedural, as they include certain texts relevant to the issuance or application of death sentences. Some of these laws are applicable in the Gaza Strip only while the others are applicable in the West Bank only. However, there are laws applied in both areas.
Following are these laws and in what areas they are applicable:
- Penal Code no. 74 issued by the British Mandate authorities for 1936. (Applicable in the Gaza Strip)
- Penal Code no. 16/1960. (Applicable in the West Bank)
- 1979 Revolutionary Penal Code. (It was issued by the PLO and is applicable in the West Bank and Gaza Strip)
- 2001 Penal Procedure Law. (Applicable in the West Bank and Gaza Strip)
- 1979 Revolutionary Tribunal Law. (Applicable in the West Bank and Gaza Strip).
- 2008 Military Justice Code. (Applicable in the Gaza Strip)
Fourth: Number of Crimes Requiring the Application of Death Penalty in the Palestinian law
The Palestinian penal codes identified the crimes the require the application of death penalty. These crimes were many; the majority of which were political. Following are a demonstration of a number of crimes punishable by death in the Palestinian law:
- The civil law (1939 Penal Code applicable in the Gaza Strip and Penal Code no.16/1960 applicable in the West Bank) provides that 15 crimes are punishable by death.
- The military law (1979 Revolutionary Penal Code) provides that 45 crimes are punishable by death.
Fifth: PA’s International Obligations relevant to Death Penalty:
In 2014, the State of Palestine acceded to the 1966 International Covenant on Civil and Political Rights (ICCPR) without any reservations.
Thus, Palestine became bound by all the ICCPR’s terms, including Article 6 which imposed guarantees and obligations on countries to apply this penalty until it is cancelled. Article 6 stipulates that:
“2- In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgment rendered by a competent court…. 4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases. 5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women. 6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.”
Despite PCHR’s persistent calls, the State of Palestine has not acceded yet to the Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty.
Sixth: Conditions Required for the Application of Death Penalty in Palestinian Legislations
The Palestinian laws stipulate a number of procedural and impartial guarantees to issue or apply a death sentence. These guarantees are proper and meet the conditions required by the international standards, which impose such conditions on countries that have not so far abolished death penalty.
These guarantees are flawed for the absence of the rule of law in the Palestinian society and poor Penal Code.
- The death sentence should be unanimously issued by a competent court.
- The convicted person’s crime should be among the crimes punishable by death penalty according to the Palestinian Penal Code.
- The sentence should be based on certainty not doubts.
- The sentence should be issued after providing the convicted with all the guarantees of the right to defense as ensured in the law.
- The sentence should be definitive and exhausting all steps of appeal.
- The sentence requires the PA President’s ratification to be applied.
- The perpetrator should not be a pregnant woman (if the sentenced woman was proved to be pregnant, the punishment should be changed into hard labor for life according to 2001 Penal Procedure Law)
- The convicted should be 18 when committing the criminal act.
- The perpetrator should not be mentally ill.
- Death penalty should not be executed on public holidays.
- The sentenced should be allowed to see his relatives and a clergy man adopting his religion.
- Neither a public pardon (by the Palestinian Legislative Council) nor a private one (by the PA President) is issued for the convicted person.
Seventh: To What Extent Palestinian Legislations Related to Death Penalty Fit the International Standards
The legislations regulating the death penalty in the PA violate the human rights standards and rule of law as explained below:
- Penal Code no. 74/1936 applicable in the Gaza Strip stipulates death penalty for 15 crimes; most of which are political. The Code’s criminalization items are open to interpretations so that any act against the Mandate’s policies in Palestine would be liquidated. Moreover, some crimes that are punishable by death penalty do not fall within the most serious crimes. Thus, the terms of this Code constitute a clear violation of the intentional standards.
- Penal Code no. 16/1960 applicable in the West Bank violate the international standards as it stipulates that 15 crimes are punished with death penalty; most of which are political crimes related to national security and incitement. The Code’s terms are also open to interpretations due to which they can be easily employed in the liquidation of political opponents.
- The 1979 Revolutionary Penal Code stipulates 45 crimes punishable by death; most of which are political crimes. The law does not differentiate between the times of war and peace, particularly treason crimes. Moreover, some crimes punishable by death are not categorized within the most serious crimes such as “Offending and inciting against the revolution.”
- The 2008 Palestinian Military Justice Code regulates sentences related to the application of death penalty in Articles (91, 96, 102 and 104), emphasizing death penalty. It should be mentioned that this law was enacted by the Change and Reform Bloc, which holds its sessions on behalf of the PLC in the Gaza Strip.
Eighth: PCHR’s Position
PCHR is basically rejecting death penalty for human reasons par excellence. However, PCHR’s hard work in this field is not only motivated by this position, it is rather based on the justice requirements.
As mentioned above, there are a number of constitutional and legal guarantees for the application of death penalty included in the Palestinian laws.
The PA, especially in the Gaza Strip, cannot be committed to these guarantees, which violates the PA obligations according to article 6 of the ICCPR.
Following is an explanation of PCHR’s position towards death penalty and the basis on which death penalty should be abolished in the PA.
- PCHR’s Position against Death Penalty in General:
PCHR’s position against death penalty relies on humane and moral grounds. PCHR believes that its position does not conflict with the spirit and teachings of Islam that aims at maintaining the human life. Grounds on which PCHR’s position is based are:
- Death penalty is inhuman and considered as an unjustifiable murder in the name of justice.
- PCHR believes that death penalty is a form of degrading torture, so it must be stopped.
- Death penalty is irreversible. Thus, if the sentenced person was later found out innocent, the remedy is impossible. The judicial history reveals many cases where convicted persons were later proved innocent after applying death sentence against them.
- Death penalty has not proved any special deterrent capability. However, studies related to death penalty application in the USA proved that crime rate in some states, which use death penalty, has not decreased compared to those not using death penalty.
- The rule and enforcement of law not death penalty is a real deterrence to the crime.
- Death Penalty dishonors the human dignity for the sake of which human rights organizations were established, as it is considered the most serious form of cruel and inhuman treatment.
- Around 141 countries legally or effectively abolished death penalty. Thus, the world is moving towards the abolition of this inhuman punishment.
- PCHR’s Position against Death Penalty Particularly in the PA-Controlled Areas:
PCHR opposes the use of death penalty in the PA controlled areas due to lack of adequate guarantees for the application of such serious and irreversible punishment. PCHR’s position justifications are as follows:
- Lack of necessary potentials in the PA to conduct a thorough investigation into crimes. Moreover, the absence of an independent forensic department and lack of a forensic laboratory defeat the possibility of having accurate results, which is indispensable to reach a conviction based on certainty. Criminal justice requires that conviction is based on certainty and not doubts. It is worth noting that confession or in flagrante in itself is not sufficient for conviction based on certainty. The judicial history around the world has unveiled that many of those who confessed themselves committing crimes or were caught in flagrante were later found innocent.
- The serious impacts of the Palestinian split on the judiciary, particularly the unity of the judiciary and constitutionality of its formation, requires stopping an irreversible punishment like death.
- Concerns relevant to using this penalty on political grounds, especially in view of the internal split, which will lead to the absence of serenity and security.
- The abolishment of death penalty in Palestine does not contradict with the Palestinian people’s beliefs, as the abolishment goes in harmony with the spirit of the Islamic Shari’a, which imposed tough restrictions on its application and allowed suspending punishments during hard economic or social times. Moreover, the Shari’a confirmed that punishments must not be applied in case of any doubts. Prophet Mohammed (peace be upon him) said, “Prevent punishment in case of doubt”, and said also, “Avoid legal punishments upon the Muslims as much as you are able”. In light of the presence of the Israeli occupation in Palestine and the poor economic, social and cultural conditions left behind, the negative psychological and social impact on the Palestinian civilians and the Palestinian split and its negative impact on the judiciary, stopping the application of death penalty is not only permissible in Islam but obligatory also.
- The legislations applicable in the PA-controlled areas cannot be a penal reference in Palestine, especially when talking about a punishment that is as serious as death penalty. One of the laws applicable in the PA-controlled areas that stipulates death penalty was issued during the British Mandate; it is the Penal Code 74/1936 applied in Gaza, which is considered an immoral law because it was issued then to deter any attempts to claim the Palestinian rights. This negatively affected the provisions of the law that criminalize any act against the government. On the other hand, the 1974 Revolutionary Penal Code is unconstitutional because it was issued by a body that is ineligible in the PA. Moreover, many of its provisions violate the minimum standards of justice. A number of the 1960 Penal Code provisions applicable in the West Bank were mainly set to deter any political opposition.
Ninth: PCHR’s Recommendation
PCHR calls upon the Palestinian President to sign the Second Optional Protocol to the ICCPR and to issue a Presidential decision to halt the application of this penalty until it is abolished by the PLC when convened;
- Calls upon the PLC, when convened, to consider the Palestinian legislations and laws relevant to this punishment, mainly the Penal Code no. 74/1936 applied in the Gaza Strip and the Jordanian Penal Code no. 16/1960 applied in the West Bank, and to enact a unified penal code that goes in harmony with the international human rights conventions, including those relevant to death penalty.
- Stresses the Palestinian President’s position to not ratify any death sentence and highlights that ratifying death sentences is an exclusive power of the President according to the constitution and relevant laws. Moreover, no death sentence can be applied without the President’s ratification.
- Raji Sourani is the Director of the Palestinian Center for Human Rights (PCHR) and winner of the Right Livelihood Award known as Alternative Nobel Prize in 2014.
Follow PCHR on Facebook and Twitter
For more information please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 – 2825893
PCHR, 29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail: pchr@pchrgaza.org, Webpage http://www.pchrgaza.org
The United Nations Educational, Scientific and Cultural Organization (UNESCO) is expected to vote on a resolution proposal that ‘denies Jewish connections to the Al-Aqsa Mosque compound & the Dome of the Rock, which is called the Temple Mount and Western Wall by Israelis, in Jerusalem, the Ha’aretz daily reported.
The proposal, presented by the Palestinians, along with Egypt, Algeria, Morocco, Lebanon, Oman, Qatar and Sudan, condemns Israel on several issues related to Jerusalem and its holy sites.
Haaretz additionally reported that the proposal “acknowledges that the city of Jerusalem is holy to Judaism, Islam, and Christianity but says the Temple Mount holy site is sacred only to Muslims and fails to mention its significance to Jews.”
According to Israeli narrative, the site is considered Judaism’s holiest site. In Islam, it counts as the first Qiblah (prayer direction), and third holiest place.
Israel has, in the recent past, carried multiple excavations under the the mosque, putting it in danger.
The state condemned the resolution as “an attempt to rewrite history in a dangerous, unfair and one-sided manner.”
In addition, the Israeli foreign ministry published a brochure featuring “archaeological findings providing evidence of Jewish connections to Jerusalem generally and specifically to the Temple Mount complex,” as reported by i24.
According to the PNN, UNESCO passed a similar resolution in April referring to the Temple Mount soley as Al-Aqsa Mosque and the Western Wall as the Al-Buraq Plaza drawing harsh condemnations from Israel.
The proposal, presented by the Palestinians, along with Egypt, Algeria, Morocco, Lebanon, Oman, Qatar and Sudan, condemns Israel on several issues related to Jerusalem and its holy sites.
Haaretz additionally reported that the proposal “acknowledges that the city of Jerusalem is holy to Judaism, Islam, and Christianity but says the Temple Mount holy site is sacred only to Muslims and fails to mention its significance to Jews.”
According to Israeli narrative, the site is considered Judaism’s holiest site. In Islam, it counts as the first Qiblah (prayer direction), and third holiest place.
Israel has, in the recent past, carried multiple excavations under the the mosque, putting it in danger.
The state condemned the resolution as “an attempt to rewrite history in a dangerous, unfair and one-sided manner.”
In addition, the Israeli foreign ministry published a brochure featuring “archaeological findings providing evidence of Jewish connections to Jerusalem generally and specifically to the Temple Mount complex,” as reported by i24.
According to the PNN, UNESCO passed a similar resolution in April referring to the Temple Mount soley as Al-Aqsa Mosque and the Western Wall as the Al-Buraq Plaza drawing harsh condemnations from Israel.
7 oct 2016
In its Weekly Report On Israeli Human Rights Violations in the Occupied Palestinian Territories for the week of 29 September- 05 October 2016, the Palestinian Center for Human Rights (PCHR) found that Israeli forces continued to use excessive force in the Occupied Palestinian Territories. A Palestinian civilian was killed at Qalandia checkpoint, north of occupied Jerusalem. 7 civilians, including 4 children, were wounded in the Gaza Strip.
Israeli attacks in the West Bank:
In the West Bank, Israeli forces killed, on 30 September 2016, Nasib Abu Maizer (28), from Kufor Aqeb village, north of occupied Jerusalem. The aforementioned person was killed when Israeli forces stationed at Qalandia military checkpoint, north of the city, opened fire at him, due to which he sustained 5 bullet wounds throughout his body.
He was left bleeding for over an hour as the Israeli forces denied medical crews from the Palestine Red Crescent Society (PRCS) access to the scene until he died. Israel forces then kept his corpse. They claimed that Abu Maizer had stabbed a soldier and caused him moderate wounds.
Israeli forces conducted 48 incursions into Palestinian communities in the West Bank and 6 in Jerusalem and its suburbs. 46 civilians, including 7 children and a woman, were abducted. 29 of them, including 3 children and the woman, were abducted in occupied Jerusalem.
Israeli forces continued their efforts to create Jewish majority in occupied East Jerusalem. The Israeli municipality obliged a Palestinian civilian to self-demolish structures attached to his house in al-Sa’diya neighbourhood in the Old City.
Israeli forces turned the West Bank into cantons. Dozens of temporary checkpoints were established in the West Bank and others were re-established to obstruct the movement of Palestinian civilians.
3 Palestinian civilians, including a child, were abducted at military checkpoints.
Israeli attacks in the Gaza Strip:
In the Gaza Strip, on 30 September 2016, 5 Palestinian civilians, including 4 children, were wounded when Israeli forces stationed at the border fence between Israel and the Gaza Strip, east of al-Shuja’iya neighbourhood, east of Gaza City, opened fire at dozens of Palestinian youngsters who headed to Nahal Oz area, east of al-Shuja’iya neighbourhood to participate in activities supporting Jerusalem.
On 30 September also, 2 Palestinian civilians were wounded when Israeli forces stationed at the border fence, east of al-Bureij refugee camp, opened fire at dozens of youngsters who headed to that area supporting Jerusalem. The first was wounded by a bullet that entered and exited the left thigh while the other was hit by a gas canister to the chest. They were both taken to al-Aqsa hospital in Deir al-Balah, where their wounds were classified as moderate.
On the level of land attacks, on 05 October 2016, Israeli forces stationed at the border fence between the Gaza Strip and Israel fired an artillery shell at a checkpoint for al-Qassam Brigades (the armed wing of Hamas movement), north of the Gaza Strip. As a result, the checkpoint sustained serious damage but no casualties were reported.
Concerning air raids, on 05 October 2016, Israeli warplanes carried out a number of air strikes on open area and training sites of Palestinian armed groups in the Gaza Strip. The attacks resulted in material damage but no casualties were reported.
Israeli settlement activities:
Israeli forces continued settlement activities in the West Bank. 30 olive trees in Silwad village, northeast of Ramallah, were burnt. A settler attacked a Palestinian vehicle in Qalqilya.
On 01 October 2016, fire broke out in Sharif valley, west of Silwad village, northeast of Ramallah. Over 30 trees belonging to Mohammed Baker Hamed caught fire. Eyewitnesses said that they saw Israeli forces patrolling the aforementioned are had fired sound bombs in the place. As a result, the weeds caught fire that burnt the olive trees as well.
On 02 September 2016, Israeli forces handed Mohammed al-Azazma, from Khellet al-Hajar area, east of Yatta, south of Hebron, a notice to halt construction works in his house under the pretext of non-licensing.
Concerning settler attacks against Palestinian civilians and property, on 02 October 2016, a settler from “Karnei Shomron” settlement attacked a vehicle belonging to Samih Nazzal, Police Chief of Qalqilya. It should be noted that Nazzal had parked his vehicle and went to his family that was reaping the olives. As a result of the attack, the windshield and tires were damaged. Nazzal estimated the damage at around NIS 1,000.
Israeli attacks on non-violent demonstrations:
Following the Friday prayer, 30 September 2016, Palestinian civilians and Israeli and international human rights defenders organized protests in Bil’in and Ni’lin villages, west of Ramallah; al-Nabi Saleh village, northwest of the city and Kufor Qaddoum village, northeast of Qalqiliya. Israeli forces forcibly dispersed the protests, firing live and rubber-coated metal bullets, tear gas canisters and sound bombs.
They also chased protesters into olive fields and houses. As a result, some of the protesters suffered tear gas inhalation while others sustained bruises as Israeli soldiers beat them up. The coordinator of Nilin Nonviolent Resistance Committee, Mohamed Amirah said to PCHR’s fieldworker that Israeli forces abducted an Israeli activist, but released him two hours later.
At approximately 14:00 on Friday, 30 September 2016, Israeli forces stationed at the border fence between the Gaza Strip and Israel, east of al-Shuja’iya, east of Gaza City, fired live bullets and rubber-coated metal bullets at Palestinian young men, while they were on their way to Nahal ‘Oz area, east of al-Shuja’iya participating in activities held in solidarity with Jerusalem. The activities continued until 18:00. As a result, 5 civilians, including 4 children, were hit with live bullets.
Among the wounded persons was Mohamed Osama Ziyad Helis (17), who was hit with a live bullet to the knee, and was then taken along with 2 others wounded to al-Shifa Hospital, where medical sources classified his wounds as serious and he is so far in the hospital. The wounds of the 2 other civilians were classified as moderate. Helis stated that he and a group of civilians headed to Nahal ‘Oz site, raising 2 flags and using secateurs to cut the barbed wires. They also threw stones at Israeli soldiers, who opened fire at them. (PCHR keeps the names of the wounded persons).
Around the same time, dozens of Palestinian young men headed to the border fence between the Gaza Strip and Israel, south of al-Burij refugee camp, to Support Jerusalem. They threw stones at the Israeli soldiers, who fired live bullets and tear-gas canisters at them. As a result, Jihad ‘Atyia al-Qernawi (22) was hit with a live bullet to the left thigh (entered and exited), while Omar Khalid al-‘Aryian was hit with a tear gas canister to the chest. Both of them were taken to al-Aqsa Hospital, where their wounds were classified as moderate.
Recommendations to the international community:
Due to the number and severity of Israeli human rights violations this week, the PCHR made several recommendations to the international community. Among these were a recommendation that the international community act in order to stop all Israeli settlement expansion activities in the Occupied Palestinian Territories through imposing sanctions on Israeli settlements and criminalizing trading with them.
In addition, PCHR calls upon the UN General Assembly to transfer the Goldstone Report to the UN Security Council in order to refer it to the International Criminal Court in accordance with Article 13(b) of the Rome Statute.
Click here for the full text of the report.
Israeli attacks in the West Bank:
In the West Bank, Israeli forces killed, on 30 September 2016, Nasib Abu Maizer (28), from Kufor Aqeb village, north of occupied Jerusalem. The aforementioned person was killed when Israeli forces stationed at Qalandia military checkpoint, north of the city, opened fire at him, due to which he sustained 5 bullet wounds throughout his body.
He was left bleeding for over an hour as the Israeli forces denied medical crews from the Palestine Red Crescent Society (PRCS) access to the scene until he died. Israel forces then kept his corpse. They claimed that Abu Maizer had stabbed a soldier and caused him moderate wounds.
Israeli forces conducted 48 incursions into Palestinian communities in the West Bank and 6 in Jerusalem and its suburbs. 46 civilians, including 7 children and a woman, were abducted. 29 of them, including 3 children and the woman, were abducted in occupied Jerusalem.
Israeli forces continued their efforts to create Jewish majority in occupied East Jerusalem. The Israeli municipality obliged a Palestinian civilian to self-demolish structures attached to his house in al-Sa’diya neighbourhood in the Old City.
Israeli forces turned the West Bank into cantons. Dozens of temporary checkpoints were established in the West Bank and others were re-established to obstruct the movement of Palestinian civilians.
3 Palestinian civilians, including a child, were abducted at military checkpoints.
Israeli attacks in the Gaza Strip:
In the Gaza Strip, on 30 September 2016, 5 Palestinian civilians, including 4 children, were wounded when Israeli forces stationed at the border fence between Israel and the Gaza Strip, east of al-Shuja’iya neighbourhood, east of Gaza City, opened fire at dozens of Palestinian youngsters who headed to Nahal Oz area, east of al-Shuja’iya neighbourhood to participate in activities supporting Jerusalem.
On 30 September also, 2 Palestinian civilians were wounded when Israeli forces stationed at the border fence, east of al-Bureij refugee camp, opened fire at dozens of youngsters who headed to that area supporting Jerusalem. The first was wounded by a bullet that entered and exited the left thigh while the other was hit by a gas canister to the chest. They were both taken to al-Aqsa hospital in Deir al-Balah, where their wounds were classified as moderate.
On the level of land attacks, on 05 October 2016, Israeli forces stationed at the border fence between the Gaza Strip and Israel fired an artillery shell at a checkpoint for al-Qassam Brigades (the armed wing of Hamas movement), north of the Gaza Strip. As a result, the checkpoint sustained serious damage but no casualties were reported.
Concerning air raids, on 05 October 2016, Israeli warplanes carried out a number of air strikes on open area and training sites of Palestinian armed groups in the Gaza Strip. The attacks resulted in material damage but no casualties were reported.
Israeli settlement activities:
Israeli forces continued settlement activities in the West Bank. 30 olive trees in Silwad village, northeast of Ramallah, were burnt. A settler attacked a Palestinian vehicle in Qalqilya.
On 01 October 2016, fire broke out in Sharif valley, west of Silwad village, northeast of Ramallah. Over 30 trees belonging to Mohammed Baker Hamed caught fire. Eyewitnesses said that they saw Israeli forces patrolling the aforementioned are had fired sound bombs in the place. As a result, the weeds caught fire that burnt the olive trees as well.
On 02 September 2016, Israeli forces handed Mohammed al-Azazma, from Khellet al-Hajar area, east of Yatta, south of Hebron, a notice to halt construction works in his house under the pretext of non-licensing.
Concerning settler attacks against Palestinian civilians and property, on 02 October 2016, a settler from “Karnei Shomron” settlement attacked a vehicle belonging to Samih Nazzal, Police Chief of Qalqilya. It should be noted that Nazzal had parked his vehicle and went to his family that was reaping the olives. As a result of the attack, the windshield and tires were damaged. Nazzal estimated the damage at around NIS 1,000.
Israeli attacks on non-violent demonstrations:
Following the Friday prayer, 30 September 2016, Palestinian civilians and Israeli and international human rights defenders organized protests in Bil’in and Ni’lin villages, west of Ramallah; al-Nabi Saleh village, northwest of the city and Kufor Qaddoum village, northeast of Qalqiliya. Israeli forces forcibly dispersed the protests, firing live and rubber-coated metal bullets, tear gas canisters and sound bombs.
They also chased protesters into olive fields and houses. As a result, some of the protesters suffered tear gas inhalation while others sustained bruises as Israeli soldiers beat them up. The coordinator of Nilin Nonviolent Resistance Committee, Mohamed Amirah said to PCHR’s fieldworker that Israeli forces abducted an Israeli activist, but released him two hours later.
At approximately 14:00 on Friday, 30 September 2016, Israeli forces stationed at the border fence between the Gaza Strip and Israel, east of al-Shuja’iya, east of Gaza City, fired live bullets and rubber-coated metal bullets at Palestinian young men, while they were on their way to Nahal ‘Oz area, east of al-Shuja’iya participating in activities held in solidarity with Jerusalem. The activities continued until 18:00. As a result, 5 civilians, including 4 children, were hit with live bullets.
Among the wounded persons was Mohamed Osama Ziyad Helis (17), who was hit with a live bullet to the knee, and was then taken along with 2 others wounded to al-Shifa Hospital, where medical sources classified his wounds as serious and he is so far in the hospital. The wounds of the 2 other civilians were classified as moderate. Helis stated that he and a group of civilians headed to Nahal ‘Oz site, raising 2 flags and using secateurs to cut the barbed wires. They also threw stones at Israeli soldiers, who opened fire at them. (PCHR keeps the names of the wounded persons).
Around the same time, dozens of Palestinian young men headed to the border fence between the Gaza Strip and Israel, south of al-Burij refugee camp, to Support Jerusalem. They threw stones at the Israeli soldiers, who fired live bullets and tear-gas canisters at them. As a result, Jihad ‘Atyia al-Qernawi (22) was hit with a live bullet to the left thigh (entered and exited), while Omar Khalid al-‘Aryian was hit with a tear gas canister to the chest. Both of them were taken to al-Aqsa Hospital, where their wounds were classified as moderate.
Recommendations to the international community:
Due to the number and severity of Israeli human rights violations this week, the PCHR made several recommendations to the international community. Among these were a recommendation that the international community act in order to stop all Israeli settlement expansion activities in the Occupied Palestinian Territories through imposing sanctions on Israeli settlements and criminalizing trading with them.
In addition, PCHR calls upon the UN General Assembly to transfer the Goldstone Report to the UN Security Council in order to refer it to the International Criminal Court in accordance with Article 13(b) of the Rome Statute.
Click here for the full text of the report.