Press Release

12 Ferbruary 2001

Al-Haq Condemns the Palestinian Authority’sContinued use of the Death Penalty

In response to the imposition of the death penalty against Hassan Mohammad Hassan Musalm by the Palestinian Military Court in Bethlehem yesterday, 11 February 2001, al-Haq once again calls for the abolition of the death penalty, and wishes to place on the record its opposition to the death penalty and all judicial or extra judicial killing.    

Al-Haq is of the opinion that the use of the death penalty constitutes a form of cruel and inhumane punishment.  The use of the death penalty amounts to a form of retributive justice, and has little or no deterrent effect. Additionally, even with the most stringent safeguards there is always the possibility that an innocent person will be convicted.   In light of this risk and the irreversibility of the death penalty, al-Haq demands an end to all forms of capital punishment. 

The imposition of the death penalty in cases involving collaboration with Israel must come under special scrutiny.  It has been repeatedly shown that collaborators have been coerced into collaborating by Israeli forces through the use of physical or psychological pressure and/or threats of prison or public disgrace.  Such forced collaboration should not be viewed on par with outright treason.  Furthermore, some estimates place the number of Palestinian collaborators with Israel in the thousands.  If even a quarter of this number is actually collaborating with Israel the sentence of death cannot be considered an acceptable penalty for this crime and an alternative must be found.  While al-Haq strongly condemns collaboration, as it results in the increased suffering of the Palestinian people and has assisted Israeli forces in assassinating leaders of the Palestinian resistance, it must be recognized that the death penalty has not deterred such acts. 

While not at present specifically prohibited by International law, the death penalty is contrary to the spirit of Article 3 of the Universal Declaration of Human Rights (UDHR) of 1948 which states that,

“Everyone has the right to life liberty and security of person.”

 Article 6(1) of the International Covenant on Civil and Political Rights (ICCPR) of 1976 echoes Article 3 by saying that,

 “Every Human being has the inherent right to life.  This rights shall be protected by law.” 

 In 1989, the UN General Assembly adopted the Second Optional Protocol to the ICCPR.  This protocol was a logical offshoot of both Article 3 of the UDHR and Article 6(1) of the ICCPR.  In paragraph 2, the Second Optional Protocol declares that States Parties shall take all necessary measures to abolish the death penalty.  While under the terms of the Cairo Agreement the Palestinian National Authority is prevented from ratifying these treaties, it is al-Haq’s view that the PNA should pledge itself to following these and all other human rights treaties until it is able to ratify them as an independent state. 

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, Inhuman or Degrading Treatment of 1987. 

Accordingly, al-Haq urges the Palestinian Authority to,

1. Commute all sentences of death imposed by the various Palestinian Courts.
2. Abolish the death penalty and commit to abiding by the Second Optional Protocol to the ICCPR.