A statement for immediate release
Issued by Human Rights and Democracy Media Center “SHAMS”
SHAMS condemns inflicting death penalty upon citizen by the Court of First Instance of Deir Albalah
2/3/2017
“SHAMS” Center strongly condemns inflicting death by handing upon the citizen (A/Z) By the Court of First Instance of Deir Albalah on 2/3/2017. Who is accused of murdering his wife Elham Sehwail on 15th of November 2015.
“SHAMS” center calls for respecting the Palestinian Basic Law and Criminal Procedures Law no. 3 of 2001. In this regard, the center reminds that death sentences should be only implemented, following the ratification of the Palestinian president, according to article (109) of the Palestinian Basic Law. Which provides the Palestinian president a constitutional power for endorsing or retention of signing death sentences. “A death sentence pronounced by any court may not be implemented unless endorsed by the President of the Palestinian National Authority”.
Article 408 of the Palestinian Code for Criminal Procedures 2001 stipulates after the court has passed a death sentence, the Minister of Justice should give the file to the president for his approval. While Article 409, stipulates that the head of state should ratify sentences of capital punishment.
“SHAMS” center requests respecting the approaches of the Palestinian leaders for the purpose of accession to additional human rights treaties which guarantee the right to life. The center also urges the Palestinian National Authority to sign the Second Protocol of 1989 Annexed to the International Covenant on Political and Civil Rights on the abolition of death penalty. It also urges the Palestinian president Mahmoud Abbas so as not to approve death sentences, and to use his constitutional powers aiming to abolish the capital punishment from Palestinian legislation