Human Rights and Demcocery Media Center” SHAMS”– Palestine, condemns strongly sentencing the citizen (N. S- 44 years old from Qarara Village- Khanyounis/ Gaza Strip) to hanging till death. The sentence was issued by the permanent military court- Military Judiciary Authority (First- Degree Court). N. S is accused for communication with hostility foreign party in violation of article 131 of the Palestinian Revolutionary Law (1979). SHAMS emphasizes its permanent unnegotiable rejection of death penalty as the sole penalty that cannot be undone once implemented. Moreover, SHAMS believes that death penalty is the hardest punishment ever and the various specialized studies had never proved that it is a deterring punishment neither within the Palestinian context nor within the universal context .
“SHAMS” Center calls upon stopping litigating civilians by military courts as the given citizen, alongside with others, were judged by the military court of appeal- Military Judiciary Authority in Gaza Strip based on the Revolutionary Law (5/ 1979), which is unconstitutionality law. Additionally, presenting civilians to military courts violates article 30 of the Palestinian Basic Law and represents gross violation of the principles of fair trial .
“SHAMS” Center is aware of the right of the law implementation authorities to protect the national security of Palestinians and working professionally to face external threats, above which harming the national security as well as chasing those involved in such acts. However, such role should be based on the principle of law sovereignty and respect of the legal procedures as detailed in the various Palestinian laws, mainly the Criminal Procedures Law (3/ 2001). Applying the laws is the tool to ensure the respect of the human dignity and rights that are stressed within the fair trial procedures to ensure realizing justice .
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