On Sunday morning, 19 February 2017, the Permanent Military Court in Gaza City sentenced three Palestinian citizens to death by hanging. The accused—Kh.S. from Khan Younis, detained on 15 February 2015; A.H. from Jabaliya, detained on 6 June 2015; and I.A. from Khan Younis, detained on 4 August 2015—were convicted of spying and cooperating with a hostile State, resulting in the death of Palestinians, in contravention of Article 131 of the Revolutionary Penal Code of 1979. On the same day, the High Military Court in Gaza upheld the death sentences issued by the Permanent Military Court against four other convicted citizens.  

Al Mezan’s documentation shows that since the beginning of 2017, Gaza courts have issued seven death sentences. Since the Palestinian political split on 14 June 2007, Gaza courts have issued 123 death sentences. Of the 123, 61 executions were carried out. Of the 61, 37 executions were carried out extra-judicially by armed groups in the Gaza Strip. Al Mezan notes that the Revolutionary Penal Code of 1979 does not form part of the effective laws in Palestine and that all of the prosecutions lack fair trial guarantees and legal safeguards that would allow the accused an opportunity for effective defense.

Al Mezan views with grave concern the continued application of the death penalty in the Gaza Strip, despite the universal trend to abolish the practice. While recognizing the gravity of the alleged crimes for which the prosecutions have arisen, Al Mezan fully opposes the application of the death penalty in all instances. Al Mezan calls for the cooperative implementation, by the community and government, of restorative justice principles in view of repairing harm caused by crime and reducing future harm through crime prevention.

Al Mezan re-asserts that security and maintenance of the rule of law is a direct reflection of socioeconomic conditions, not relative to punishment laws. It has been proven that capital punishment does not deter crime.

Al Mezan reasserts its principled rejection of the issuance of death sentences and calls for a halt in the execution of the death sentences as a first step toward abolishing the practice. The relevant Palestinian laws must be amended to include other penalties. This turnaround must be achieved as a part of Palestinian internal reconciliation.