Human Rights and Democracy Media Center SHAMS in Palestine condemns the unanimous verdict to execute the citizen (X/Y) to death by hanging issued on Wednesday the 1st of June, 2022 being charged with killing ‘Bara’ Jamal Jarbo’ and ‘Ne’ma Abdul-Rahman Hamad’. After thorough deliberation, the court sentenced the citizen (X/Y) to be executed by hanging based on penalty law (74/1936). He was accused of killing the 11-year-old ‘Bara’ Jamal Jarbo’ and ‘Ne’ma Abdul-Rahman Hamad’ on the 9th of July, 2006 by shooting them using a firearm leading to killing them directly.
SHAMS Center thinks that the civil , military and judicial authorities have made a haste decision in issuing such verdict which will not solve the problematic issues and will not achieve peace and security.
It also confirms its objection to using such penalty by the Palestinian Authority assuring the necessity that the judicial system in Palestine should be based on the directions of the UN and the countries to cancel this penalty for the legislations of the countries which apply it. Consequently, if the Palestinian political system wanted to deal with crime successfully, it should look for the real reasons for such crimes and deal with them. Otherwise, death penalty by hanging will not solve the problem and will not prevent the occurrence of such crimes.
SHAMS Center stresses that Palestine should commit to its international commitments by immediately canceling this penalty from the Palestinian legislation replacing it with other penalties aiming to rehabilitate criminals, avoid the occurrence of such crimes and preserving human dignity at the same time. In fact, Palestine has already joined the 2nd Optional Protocol to the International Covenant on Civil and Political Rights in June, 2018 aiming at the abolition of the death penalty and banning it.
SHAMS Center calls for the necessity of passing Palestinian penalty laws without having death penalty. In fact, there is not any unified law in Palestine, but there are many laws that in the West Bank courts apply the Jordanian penalty law (16/1960) while in Gaza they apply the mandatory penalty law (74/1936) amended according to the Egyptian military commander (555/1957). Also, Gazan courts hold martial courts according to the revolutionary penalty law (5/1979) as well as other laws applied in the West Bank and Gaza Strip such as the laws of dangerous drugs, fireworks laws and Juvenile laws.Top of Form