Human Rights and Democracy Media Center ” SHAMS”/Palestine, strongly condemns the judgment issued by the Court of Appeal in Gaza Strip on 7/7/2022 through unanimously judges to sentence the citizen Muhammad Mustafa Mahmoud Hneideq, from Khanyounis, to hanging till death. The given citizen is accused for predetermined killing and possessing gunfire. The sentence was based on the penalty code 74/ 1936. A first-degree court sentenced the mentioned citizen to hanging till death (on 12/9/2021) for all the accusations in the bill of charge submitted against him. Hnedeq is accused for killing another citizen named Muhammad Hamed Abu Sahloul (20 years old) on 26/9/2019. However, it is worth being mentioned here that the decision of the court of appeal requires appealing to cassation court according to article 350 and the criminal procedures law 3/2001.
“SHAMS” center assures its support and solidarity with families and parents of victims. It clarifies that calling for abolition of the death sentence against perpetrators in serious crimes doesn’t indicate tolerating them, but replacing the death sentence with other punishment to respect individuals’ humanity and dignity. The capital punishment represents the cruelest form of intentional murder. It is irreversible, the risk of executing an innocent person can never be eliminated. While people who were sent to death row have later been exonerated sometimes.
“SHAMS” center stresses that respect for international Convenant by internal laws & regulations especially regarding to the legal power. This represents a guarantee for human rights and as a recommendation so as not break the internal judicial power applied in any state, declared by human rights conventions and treaties. It is worth noting that stipulating rights and freedoms within laws and the constitution will not guarantee enjoying such rights and freedoms by citizens on the ground. Furthermore, enjoying basic rights and freedoms isn’t only an internal affair, but also an international matter to make sure that human rights and basic freedoms are guaranteed by international treaties.
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