Press Release

1 September 1998
Press Release Index

AL-HAQ AND MANDELA:

"Capital Punishment ... Cruel Punishment."
On 30 August 1998, the Palestinian National Authority executed two brothers, Staff-Sergeant Muhammad Kamal Abu Sultan and Sergeant Ra'id Kamal Abu Sultan. The brothers, who were shot to death, were convicted last week of the killings of two brothers, Majdi and Muhammad Al-Khalidi.
Al-Haq and Mandela view with grave concern the first implementation of a death sentence by the Palestinian National Authority as it establishes an alarming precedent of violating Palestinian civil liberties. To date, over 15 death sentences have been issued by both the civil and military tribunals. However, their execution is pending the approval of the Palestinian President.
Al-Haq and Mandela strongly condemn and oppose capital punishment, regardless of the crime committed, as it dehumanizes the dignity of man.
Al-Haq and Mandela would like to draw the attention of the Palestinian Authority to the International Conference, convened by Amnesty International and held in Stockholm in December 1977, to abolish the death penalty, which concluded that:
  1. The death penalty is irreversible. Decided upon according to fallible processes of law by fallible human beings, it can be-and actually has been-inflicted upon people innocent of any crime.
  2. There is a lack of convincing evidence that the death penalty has any more power to deter than-say-a long period of imprisonment. Its deterrent effect on rational offenders is highly questionable; it is even more so in the case of offenders who are mentally ill or who are impelled by violent political motives.
  3. Execution by whatever means and for whatever offence is a cruel, inhuman and degrading punishment.
World-wide studies show that, when comparing the crime rate in countries where the death penalty was abolished and in those where it is still in force, the threat of the death penalty, or its actual execution, has never been a deterrent to crime. Based on those studies, it is clear that most murders take place between family members or friends. The majority of these murders are carried out in a state of rage and anger. It is clear that the offender does not take into consideration his or her actions or the possible consequences.
Al-Haq and Mandela hope that the Palestinian National Authority will become one of those countries, which does not practice the death penalty. Therefore, we call on President Arafat to deny his approval on the pending death penalty decisions.
The Palestinian National Authority has expressed its commitment to international and human rights law, and is, therefore, bound to it. The execution of the death penalty, without ensuring the most careful legal procedures and greatest possible safeguards for the accused, is a violation of international covenants, including Article 14 o the International Covenant on Civil and Political Rights, which give to the accused in capital cases the right to appeal to a higher judicial authority or, to petition for a pardon or reprieve.
Al-Haq and Mandela believe that President Arafat's approval to carry out the death sentence was a response to the tense mood of the general public in the Gaza Strip as the PNA did not respect the waiting period provided for by international conventions and standards before carrying out the execution.
Al-Haq and Mandela emphasize that fighting and deterring crime in Palestinian society is only possible through the following:
  1. Legislating the powers of the various security apparatus.
  2. Regulating the use and ownership of firearms, including those utilized by the various security apparatus.
  3. Ensuring respect for the rule of law, application of the law, independence of the judiciary and the enforcement of the decisions rendered by the courts.
In light of the above, al-Haq and Mandela demand the following:
  1. That the Palestinian Legislative Council abolishes the death penalty and replaces it with other appropriate measures.
  2. That the military tribunals become subject to strict regulations in accordance with the principles of the law.
  3. That the issued 15 death sentences are pardoned and another form of punishment is imposed.

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Al-Haq Affiliate, International Commission of Jurists – Geneva
P.O. Box 1413, Ramallah,
Tel: 972 2 2956421, 2954646, Fax: 972 2 2954903
Mandela Institute
Hotel O’deh Street, Ramouni Towers,
First Floor, Room (1), Ramallah, West Bank,
Tel: 972 2 295 5756, Fax: 972 2 295 6468
P.O. Box 19543 Jerusalem