Human Rights and Democracy Media Centers SHAMS

مركز إعلام حقوق الإنسان والديمقراطية "شمس"

A statement for immediate release   Issued by Human Rights and Democracy Media “SHAMS” 

About the Issuance of a Death Sentence by the Gaza Court of First Instance to a Citizen by Hanging 

“There is no justice in Capital Punishment”  

With so much concern, the Center for Human Rights and Democracy Media “SHAMS” received the death sentence issued by the Gaza Court of First Instance to death by hanging against the citizen (M.H) on charges of intentional murder in violation of the provisions of the law, after convicting him today, Sunday 12/9/2021 of the charge of intentional murder, contrary to the articles of Palestinian law. The court convicted the citizen (M/H) of the charges against him in the case of the murder of the citizen Muhammad Hamid Abu Sahloul, who was killed on 26/9/2019, on the charge of murder Intentional possession of a firearm without a license. 

“SHAMS” Center condemns in the strongest terms the continuation of the courts of the Gaza Strip to issue death sentences against citizens without restraint, which contravenes the right to life, the Palestinian Basic Law (Interim Constitution) and the legal obligations of the State of Palestine under the International Covenant on Political and Civil Rights and the Second Optional Protocol to it, which aims to abolish the death penalty. 

“SHAMS” Center holds the Palestinian Judiciary in the Gaza Strip the responsibility for the continued issuance of these rulings, in light of his stated endeavor to end cases as quickly as possible, which directly affects trial guarantees fair. Moreover, the persistence of crime in the Gaza Strip confirms the failure of the Judicial Philosophy based on issuing sentences execution on the pretext that this is the entrance to a safe society away from crime, as it is not possible to reach that society without addressing the causes that led to the crime, as a substitute for the easiest and futile solution to get rid of the criminals, not the causes of the crime. 

“SHAMS” Center calls for the Judiciary in the Gaza Strip for a review of its orientations and its affirmation of total respect for the right to life, and immediately stop the systematic Judicial violations of constitutional guarantees, in addition to the need to harmonize National legislation with Palestine’s International legal responsibilities. It also calls on the de-facto authority in the Gaza Strip, represented by Hamas, to stop following the violence that is institutionalized in the approach to governance and prolonging it. 

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