On Sunday, 18 October 2015, the Permanent Military Court in Gaza sentenced R. A., 53, and R. A., 49, both from Khan Younis, to death after being convicted of spying and cooperating with a hostile State. The first convicted person is believed to have escaped to Israel and the second one is detained. The court ordered the release of the son of the second person, after he served his detention period.

The accused were sentenced to death after being convicted of spying and cooperating with a hostile State in contravention of Article 131 of the Revolutionary Penal Code of 1979. In its statement, which was published by the Ministry of Interior, the court ruling noted that the two sentenced persons had cooperated with the Israeli authorities and handed over information on members of Palestinian armed resistance groups as well as information that the ruling said harms the general interest and Palestinian national security. The ruling stated that the two convicted persons had specifically shared cell phone numbers of members of Palestinian resistance fighters with the Israeli intelligence agency and handed over information about metal workshops. The ruling made a link between the information shared and the killing of a number of members of Palestinian armed resistance groups by Israeli forces. The sentences are subject to appeal within only one month. The court released E. A., 26, the son of one of the convicted, after he served a prison sentence.

Al Mezan Center for Human Rights expresses its deep concern for the continued use of the death penalty in Palestine despite the universal trend and need to abolish it. Al Mezan also expresses its concern for the continuous implementation of the death penalty in a way that violates the legal procedures and obligations of the courts in Palestine. The 2001 Palestinian Code of Criminal Procedure No. 3, stipulates that the Palestinian President must approve the execution of each death sentence. This is according to Article 409 that states that, “[t]he death sentence shall not be executed without the ratification of the State President”. Palestinian President, Mr Mahmoud Abbas, had notified the Palestinian Legislative Council decision not to ratify any death penalties, which represents a de facto moratorium on the execution of death penalties in Palestine.

Al Mezan asserts that the 1979 Palestinian Revolutionary Penal Code is unconstitutional as it does not form a part of the Palestinian Authority’s legal system.  

Al Mezan reasserts its rejection of the use of the death sentence. Death penalty does not deter crime and is cruel and in-dignifying. Al Mezan calls for halting the execution of the death penalty as a first step toward abolishing the practice completely by amending the relevant Palestinian laws to include other penalties; which must be achieved as part of Palestinian internal reconciliation.