Human Rights and Democracy Media Center “SHAMS” held a seminar on (the status of death penalty in Palestine) in Bethlehem governorate. The seminar addressed different themes pertaining to death penalty in the applied legislations in Palestine, guarantee of fair trial and recommendations towards combatting death penalty. The seminar combined human rights activists, academics, journalists, and researchers. Dr. Omar Rahhal, director of “SHAMS” center opened the meeting, welcomed the attendees and called for expanding the national Anti-death penalty campaign towards the abolition of death penalty from the Palestinian laws. Moreover, towards Palestine’s accession of Second Optional Protocol annexed to International Convenant on Political and Civil Rights, for the purpose of abolition of death penalty.
Advocate Farid Alatrash, Director of the Independent Commission for Human Rights in the south mentioned that human rights would be of no value if humans lost life. Furthermore, death penalty violates the right to life considering life as a gift of God and that death penalty is the only irrevocable punishment after being implemented. Also, death penalty represents one of the cruellest punishment due to its physical and psychological pain of the accused either preceding or following the implementation of the execution. Studies have approved that capital punishment doesn’t deter crimes most effectively, and it indicates aspects of valance in the community instead of being a solution.
He added that some Arabic and Islamic countries don’t include death penalty in its legislations, and others abolished or retained it. Given the fact that 98 states abolished death penalty for all crimes internationally, 54 states implement death penalty while 81 states have acceded to the Second Optional Protocol annexed to International Convenant on Political and Civil Rights, on the abolition of death penalty.
Besides, he mentioned that since the inception of the Palestinian National Authority (PNA) until 31/5/2016, it has inflicted 181 death sentences upon citizens charged of different crimes. 151 sentences were issued in Gaza Strip, and 93 ones were issued in 2007 particularly. While the PNA implemented 35 sentences since the establishment, 33 were implemented in Gaza Strip and two in the West Bank. It is worth noting that 22 death sentences were implemented in Gaza Strip since 2007 extra-judiciary without ratification of the President.
Participants stressed that death penalty in Palestine is influenced by the approaches and attitudes of the public opinion, and there is incorrect understanding and a supportive perspective to death penalty. In addition, those who call for executions are not ordinary people, but belong to well-educated groups like doctors, engineers, academics or decision-maker. They added that Palestinian legislations haven’t been in accordance with international legislations yet. Additionally, participants stressed that Palestinian civilians are prosecuted before military courts instead of civil courts, which infringes upon the constitution and international charters, which affirm that submitting a case to court is a protected and guaranteed right for all people. In addition, citizens are death sentenced based on field courts.
At the end, participants recommended the need to ratify a draft Penal Code, Palestine’s accession to the Second Optional Protocol and to secure guarantees for fair trials. They recommend supporting the national campaign against death penalty, abolition this punishment from the Palestinian legislations and replacing it with other penalties like Rigorous Imprisonment or penal labour. And modifying the laws system about this penalty. Some of them recommended implementing this penalty but restricting capital crimes according to international standards.