“SHAMS” Center condemns in the strongest terms the imposition of death by hanging against the citizen (G/M) by the Gaza Court of First Instance on Tuesday 9/7/2019, contrary to binding international conventions in Palestine. Particularly, the Second Optional Protocol to the International Covenant on Civil and Political Rights and abolish the death penalty to which Palestine has acceded in 2018.
“SHAMS” Center underlines that the national laws’ respect for international conventions, covenants and treaties, mainly with regard to the judicial system, is binding and represents the most important guarantee for human rights, and sovereignty cannot be invoked as a justification to violate human rights under the global and transboundary legal regime. And that the domestic legal order is binding as per laws, customs and decisions of international courts to respect the provisions established by the conventions to which Palestine has acceded and not to violate it.
“SHAMS” Center reminds all actors that its call for the abolition of death penalty does not mean that those convicted of serious crimes should be condoned or ignored, but rather representing its firm position against a punishment which does not respect the human nature and dignity of the human being, takes the nature of revenge not deterrence, reform and rehabilitation, and does not achieve the objectives pursued by the state of the penal philosophy. Also does not have guarantees of fair trial, represents a state of continuous psychological torture of the condemned, and does the greatest harm to his/her family and children. in addition, this penalty is irreversible once implemented or appealed. Whereas this principled position does not mean our request to release those convicted, but rather replacing the death penalty with a punishment of private and public deterrence, taking into consideration the principle on individual nature of punishment and respecting human dignity and life.
“SHAMS” Center is seriously concerned with ongoing imposition of such sentences in the Gaza Strip at a different pace, in spite of a number of serious breaches and the international obligations of Palestine, and calls upon it to cease immediately. Paying tribute to 170 countries which abolished the death penalty or suspended their implementation, whether by law or practice, under an escalating awareness of this inhuman punishment.
“END”