"Affirms that the prosecution of collaborators is a right and duty of the PNA since these collaborators are an occupation tool participating in the implementation of war crimes against Palestinian civilians."
Palestinian Centre for Human Rights
Press Release
Ref: 38/2008
Date: 28 April 2008
Time: 11:30 GMT
PCHR Calls upon President Abbas to reject the Ruling, and Calls for Abolishing the Death Penalty in Palestinian Law
At approximately 10:00 on Monday, 28 April 2008, the High Military Court convened with Lt. Colonel Ahmad Abu Dayya as Chief Judge and Major Muman Fanoun and Captain Fadi Hejazi as panel judges. The Chief Military Prosecutor Major Issa Amr and Military Prosecutor First Lt. Hani El-Hieh prosecuted the case. At the end of the session, the Court sentenced Emad Mahmoud Sa'ed Sa'ed (25) to death by firing squad for treason and collaborating with the Israeli occupation.
The decision stated, "It was proven to the Court the guilt of the suspect Emad Sa'ed, who is a security officer, of the crime of treason and collaboration with the Israeli occupation as part of a network headed by his uncle in the Yatta area. The defendant provided information to his father. And this information, according to the defendant's testimony, led to the martyrdom of 4 persons wanted to the occupation forces, the demolition of a house, and the arrest of a number of wanted persons. The Court based its decision on Article 131 of the Palestinian Military Penal Code for the Year 1979, and decided unanimously to sentence Sgt. Emad Sa'ed to death by firing squad." The defendant was arrested on 7 August 2007 by the Palestinian Military Intelligence.
- Calls upon President Mahmoud Abbas not to sign this cruel and inhumane sentence, and to stop its implementation.
- Affirms that the prosecution of collaborators is a right and duty of the PNA since these collaborators are an occupation tool participating in the implementation of war crimes against Palestinian civilians. However, this does not necessitate the implementation of the death penalty.
- Points that abolishing the death penalty does imply leniency towards dangerous criminals, who must be subjected to deterring punishment while preserving our humanity.
- Affirms the unconstitutionality of the Palestinian Military Penal Code for the Year 1979 since it was not passed by the PNA and was not submitted to the PLC for approval.
- Calls upon the PNA to review all legislation relative to the death penalty, especially the Law No. 74 for the Year 1936 effective in the Gaza Strip and the Jordanian Penal Code No. 16 for the Year 1960 effective in the West Bank. The Centre calls for passing a unified penal code that conforms with international human rights standards, especially those pertaining to the death penalty.
**************************************
For more information please call PCHR office in Gaza, Gaza Strip, on +972 82824776 - 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
-----------------------------------
If you got this forwarded and you want to subscribe, send mail to
request@pchrgaza.org
and write "subscribe" in the subject line.