Press Release

13 January 2001

President Arafat Ratifies the State Security Courts Decision on Two Death Penalty Sentences

Today, January 13, 2001 the executive authority of the Palestinian National Authority implemented death sentences against Majdi Mohammad Ahmed Makawe and Allan Beni Owdeh, both convicted of high treason, collaboration and providing information to the Israeli Security Services.

The sentence against Majdi Makawe was handed down by the State Security Court on January 22, 2001 and ratified by President Arafat last night.  The information provided by Majdi led to an attack by Israeli forces on November 22, 2000 in which Sami Nasir Abu Laban (30), Na’el Salim al-Liddawi (29), Isma'el Dhier (37) and Jamal Abdil Raziq (29) were killed.  The four men were heading from Rafah to University in Khan Younis when Israeli forces located at a check point near the Morag Settlement opened fire on their cars.  All four men were immediately killed.

The sentence against Majdi was handed down by the State Security Court on January 7, 2001 and was ratified last night by President Arafat.  The information he provided led to the assassination of Ibrahim Abdl Karim Ibrahim Beni Owdeh, 34, in Nablus on the November 23, 2000.  A bomb placed under the driver’s seat of the car he was driving killed Ibrahim Beni Owdeh, who was a leader of the military wing of Hamas.  The defendant, who owned the car, and acting under the instruction of the Israeli Authorities, gave the car to Ibrahim. 

The Israeli Occupation Forces by employing Palestinians as collaborators against their own state, either through the use of pressure or propaganda, are acting in violation of international humanitarian law including articles 44 and 45 of the 1907 Hague Regulations.  Article 51 of the Forth Geneva Convention states that, “The Occupying Power may not compel protected persons to serve in its armed or auxiliary forces.  No pressure or propaganda which aims at securing voluntary enlistment is permitted.”  Israel must bear responsibility for the actions of the above-mentioned individuals and the subsequent punishment imposed upon them by the Israeli authorities.  

Al-Haq condemns the acts of collaborators, which have resulted in the increased suffering of the Palestinian people and have assisted the Israeli Forces in assassinating leaders of the Palestinian resistance.  Al-Haq demands that the Palestinian National Authority take preventative measures against those accused of collaboration in order to stop more Palestinians from being enticed to commit crimes against their own people by the Israeli Authorities.

In order to ensure due process and free and fair trials, as laid out under Palestinian and international human rights laws, al-Haq reiterates its demand for the immediate dissolution of the states security courts.  These courts do not follow proper legal procedures and violate the basic principles of the rule of law, as well as of the right to equality before the law and the right to a fair and public hearing by a competent, independent and impartial tribunal guaranteed by Article 26 and Article 14 of the International Covenant on Civil and Political Rights.  They also oust the jurisdiction of the ordinary civil courts, undermine established rules of civil judicial procedures, and make judicial decisions subject to ratification by the executive authorities. 

Finally, of the 33 death sentences issued by the Palestinian National Authority, 13 have been handed down by the State Security Courts whose authority is in question.  Al-Haq demands that the PNA end its use of capital punishment and find other means of punishing those who carry out severe breaches of the law.  Until the Palestinian National Authority abolishes the death penalty al-Haq demands that all proper judicial procedures are followed prior to its implementation.  Defendants must be allowed due process of the law including free and fair trials, appeals, and retrials if warranted.      

The death penalty, whilst not at present specifically prohibited by international law, is contrary to the spirit of Article 3 of the Universal Declaration of Human Rights 1948 which states that, “Everyone has the rights to life, liberty and security of person.”  In al-Haq’s view, the imposition (regardless of whether it is implemented or not) of the death penalty also constitutes “cruel, inhumane or degrading punishment” contrary to the convention against Torture and other Cruel, Inhumane or Degrading Treatment of 1987.  No matter what crime is committed, al-Haq does not view the death penalty as a legitimate form of punishment.