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Gaza Government Executes Three Men in Defiance of the Law; Palestinian Human Rights Organizations Council Call for an End to the Death Penalty

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18 May 2010

The Gaza Government continued to carry out the executions based on sentences issued before 15 June 2007 and after 26 November 2007.
On Tuesday 18 May 2010, the Gaza Government executed three men who had been sentenced to death.
This execution violates the Palestinian law which stipulates that the Palestinian President must approve the execution of each death sentence.
  The Gazan Ministry of Interior published on its website a statement in Arabic that translates as: 'Today, Tuesday, in the morning hours, the death sentence against three persons who had been convicted of premeditated murder had been executed.
 This execution followed all degrees and methods of appeal in the courts… The Ministry of Interior had followed all the legal procedures pertaining to the execution of the rulings.
The execution was undertaken in the presence of the authorized persons as stated in the Palestinian law.
'   The three persons who were executed on Tuesday 18 May 2010 had been convicted in separate crimes as follows:   ·         Amer Sabir Hussein Jundiya was sentenced to death by the Permanent Military Court in the Gaza Strip on 10 March 2009.
He was sentenced to death after being convicted of killing Fawzi Jamil Kamal ‘Ajjour, 40, a Palestinian money-exchanger; ·         Rami Sa'eed Juha was sentenced to death on 14 July 2005.
On 19 October 2008, the Gazan Court of Cessation approved the death sentence.
Juha was sentenced to death for the rape and murder of a minor girl on 5 September 2003; and, ·         Mattar Mohammed Al Shobaki was sentenced to death on 15 March 2010.
He was sentenced to death for the kidnap and murder of money-exchanger Abdullah Ramadan Shihada.
  The Palestinian Hunan Rights Organizations Council, which is made up of non-governmental organizations in  Gaza, while expresses its opposition to death penalty as it violates the inalienable right to life, condemns the Gaza Government execution of death sentences, which has flouted Palestinian law that prohibits the execution of death penalty sentences without the approval of the Palestinian President.
The Council emphasizes that the convicted persons committed very dangerous crimes and they should be brought to justice.
The Council further emphasizes that:   1.
       The 1979 Revolutionary Penal Code of the Palestine Liberation Organization which was used to convict the persons who killed the money-exchanger Ajjour is not constituted within the Palestinian National Authority legal regime.
It also violates fair trial standards especially the right to a trial before a competent, impartial and independent court constituted by law in which all guarantees are made to enable the accused to use all possible means of self-defense.
2.
       The execution of death sentences violates the Palestinian Law and represents seizure of authorities, as Palestinian law limits the power to approve death sentences to the person of the Palestinian President.
3.
       The death penalty constitutes a violation of the right to life, which is a basic and fundamental human right.
It is absolutely prohibited to take any person’s life arbitrarily.
Death penalty is not an effective deterrent in comparison to other penalties, and it is a cruel and inhumane punishment that does not realize criminal or humanitarian principles aimed at rehabilitation and reintegration of convicted persons into society.
  Therefore, the Council calls on the Gaza Government to halt executing death sentences against convicted persons; and take the observations mentioned above in this press release into consideration.
  Ends