Press Release

15 March 1999

1. The Palestinian police gravely violated international and local law enforcement standards in their response to the demonstrations. Local law enforced includes, in particular, the Decision of the Director of the Interior and Public Security Related to Methods To Be Used in All Situations Before Issuing Warnings and Shooting (promulgated on 22 October 1963). These instructions and standards aim to control illegal demonstrations and gatherings and other forms of rioting and disturbance, through the use of necessary and proportional action to the threat posed. Al-Haq's initial investigations, as well as news and television reports, and the nature and scope of injuries perpetrated, point to the following conclusion: the Palestinian Police opened fire indiscriminately into the gathered crowd. The Police chose from the outset to use lethal force without first attempting to use less violent and dangerous methods of riot control, which are internationally known and accepted.
2. The establishment of the State Security Court is in violation of 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, as guaranteed by Article 26 and Article 14 of the International Covenant on Civil and Political Rights. In addition, the court breaches provisions of the Agreement on the Gaza Strip and Jericho Area. Article VI (1)(b) requires the PNA "to administer justice through an independent judiciary" and Article 14 demands that the PNA act "with due regard for internationally-accepted norms and principles of human rights and the rule of law." Further, the creation of Palestinian security courts is particularly offensive as it is reminiscent of Israeli military courts which have so completely undermined judicial independence throughout the years of occupation.
3. Al-Haq is of the view that the continued use of the death penalty is cruel and inhuman. The Palestinian Authority has expressed its commitment to international and human rights law, and is, therefore bound by 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 of the International Covenant on Civil and Political Rights, which gives to the accused in capital cases the right to appeal to a higher judicial authority or, to petition for a pardon or reprieve. There are 54 countries of different regions and cultures in which the death penalty has been totally abolished; 15 countries (including Israel; in the West Bank and Gaza, military orders 268/1968 and 160/1968 respectively) which have abolished the death penalty in relation to "ordinary" crimes.

1. To take immediate measures to prohibit the use of lethal force against any civilian demonstrations or processions that do not constitute a real and material threat to others;
2. To commit the security forces to the standards and guidelines established in the aforementioned Decision of the Director of the Interior and Public Security, consistent with the international standards of conduct of law enforcement officials;
3. To form an impartial Palestinian commission of inquiry to investigate the details of the tragic incident in Rafah last week. Those responsible for giving and/or implementing orders to shoot indiscriminately at crowds and demonstrators, and who have caused so many deaths and injuries, must be identified. The result of the commission's inquiries must be published;
4. To take legal measures against those identified by the commission of inquiry. These measures must be implemented in full;
5. To commit itself to respect for human rights and fundamental freedoms, especially the right to life, freedom of assembly and freedom of expression;
6. To abolish the State Security Court and to respect the right of all civilians to a fair trial before ordinary courts; and,
7. To abolish the death penalty and replace it with other appropriate measures, and further, to impose other forms of punishment on the already issued death sentences.