PCHR
Palestinian Centre for Human Rights
Press Release

Ref: 64/2008
Date: 22 July 2008
Time: 07:30 GMT

Military Court in Gaza Sentences a Man to Death

PCHR Calls upon Palestinian President Not to Ratify the Sentence and Demands
the Abolishment of Death Penalty from Palestinian Law

On Sunday, 20 July 2008, the Palestinian Military Court in Gaza sentenced
Eyad Ahmed Diab Sukkar, 35, from al-Shoja'eya neighborhood in Gaza City, to
death by firing squad. According to Sukkar's lawyer, Mr. Hassan Zimmu, the
court convicted his client of carrying out hostile activities against
Palestinian revolutionists and military operations of the Palestinian
revolution, in violation of article 131 (a and b) of the Revolutionary Penal
Law of Palestine Liberation Organization of 1979.

The Revolutionary Penal Law of 1979 is unconstitutional in the Palestinian
National Authority (PNA) as it has not be presented to nor approved by the
Palestinian legislature. PCHR has repeatedly called for the abolishment of
this law as it contradicts international minimum standards of fair trials,
and it does not ensure a fair and impartial mechanism for appealing against
court sentences.

PCHR notes that this latest sentence is the sixth death sentence to have
been issued by Palestinian courts since the beginning of this year (2
sentences in the Gaza Strip and 4 ones in the West Bank). On 24 January
2008, the Military Court in Gaza sentenced Yasser Sa'id Zanoun, 41, from
Rafah to death by firing squad. On 6 April 2008, the Military Court in Jenin
sentenced Tha'er Mahmoud Ramailat, 23, from Thinnaba suburb east of Tulkarm
to death by firing squad. On 28 April 2008, the Hebron Military Court
sentenced 'Emad Mahmoud Sa'ed, 25, from Yatta village south of Hebron to
death by firing squad. On 15 July 2008, the Military Court in Jenin
sentenced Wa'el Sa'id Sa'ed, 27, and Mohammed Sa'ed Sa'ed, 44, both from
Yatta village south of Hebron, to death by firing squad. None of these
sentences has been implemented yet. According to the Palestinian Basic Law,
death sentences must be ratified by the President of the PNA before being
implemented.

PCHR is gravely concerned over continued application of the death penalty in
areas under the jurisdiction of the PNA, and:

1) Calls upon the PNA to stop the application of such punishment as it
violates all international human rights standards and instruments,
especially the Universal Declaration of Human Rights of 1948, International
Covenant on Civil and Political Rights of 1966, and Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of
1984.
2) Calls upon Palestinian President Mahmoud Abbas not to ratify this
cruel and inhuman punishment, and thus stopping its application.
3) Points out that the call for the abolition of the death penalty
does not mean in any case indulgence with those who are convicted of serious
crimes, but other deterrent forms of punishment should be considered in a
manner that maintain human dignity.
4) Calls upon the PNA to reconsider Palestinian laws that include the
application of such punishment, especially the PLO Revolutionary Penal Law
of 1979; Penal Law #74 of 1936 applicable in the Gaza Strip; and Jordanian
Penal Law #16 of 1960 applicable in the West Bank, and enact a new united
penal law in conformity with the spirit of international human rights
instruments, especially those calling for the abolishment of the death
penalty.

Public Document
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For more information please call PCHR office in Gaza, Gaza Strip, on +972 8
2824776 - 2825893
PCHR, 29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip.
E-mail: pchr@pchrgaza.org, Webpage http://www.pchrgaza.org
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