Press Release

28 August 1999

The State Security Court convened Thursday evening, August 28, 1999 under the decision of the President of the Palestinian National Authority. The Court convened to hear the case of Lieutenant-Colonel Hani Abu Zeineh who died on August 25, 1999 from injuries he sustained while attempting to resolve a family dispute on Monday, August 23, 1999 in Tal-Sultan/Rafah.

During the late evening of Thursday, August 26, 1999, the State Security Court issued a sentence of execution by firing squad against Ayman Mohammad Ibrahim Abu Sa'da from Rafah. Ayman is being accused of the murder of Lieutenant-Colonel Abu-Zeineh. The sentence was issued under article 378 of the 1979 Revolutionary Penal Code of the PLO at the police headquarters in Gaza. The Court was held in three short sessions of no more than six hours in total. The rights of the accused to defense and in authorizing a lawyer to represent him in the case were not taken into consideration.

While al-Haq condemns the murder of Abu Zeineh it warns against using violence in settling family disputes and calls on the citizens to resort to the provisions of the law to settle such disputes. Al-Haq also warns against irresponsible use of firearms, which increase violence and result in death and injury to innocent people.

Al-Haq considers that this case is the sole responsibility of civil courts. Having the case heard by the State Security Court violates the normal jurisdiction of the civil courts. Al-Haq also reconfirms that the State Security Court violates the principles of legality, the independence of the judiciary and the separation of the authorities. It calls upon the Palestinian National Authority to re-try the case in a civil court, in an impartial trial in which the legal guarantees of the accused are assured.

Al-Haq notes that 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.

Al-Haq notes with grave concern the increase in the number of cases that are brought before the State Security Court, which should be the responsibility of the civil courts. Taking into consideration the sentences issued by this court, al-Haq is seriously concerned about harsh, final sentences of execution issued in hasty trials. Moreover, such sentences can not be appealed in any legal manner. Al-Haq considers capital punishment as an inhumane punishment, which has not proven to be a deterrent.

Al-Haq would like to draw the attention of the Palestinian National 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.

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.

Hence, al-Haq sees that it is necessary to dissolve the State Security Courts and refer the cases brought there to the civil courts in order to achieve justice for all parties.