Yesterday evening, 11 January 2001, the State Security Court in Rafah in the Gaza Strip sentenced Majdi Muhammad Ahmad Makawi (27) to death by firing squad. He was found guilty of collaborating with Israel and endangering national security. The defendant was tried in a court which does not meet minimum standards for fair trial. The sentence was based on articles 77 and 88a of Order Number 555 of 1957 (Egyptian legislation for the Gaza Strip).
The Court was headed by Colonel Abd’al Aziz Wadi with the assistance of military judge Colonel Muhammad Farhat and Major Jamil Abu Kashif.
The prosecution charged the defendant with collaborating with Israel, endangering State Security for the sake of foreign parties, breaking the people’s will in opposing the Israeli occupation and causing the deaths of four Palestinians fighting the occupation during the current Intifada, namely Awni Ismail, Sami Abu Laban, Nael Alidawi and Jamal Abed al Razeq, a well-known Fatah leader and a relative. All four men were killed on 22 November 2000 when Israeli soldiers stationed at the entrance of the Morag settlement in the Gaza Strip opened fire at their cars (see LAW press release of 22 November 2000). Makawi was charged with helping the Israeli security forces kill the four men.
The State Security Court was established in 1995 as a special court with jurisdiction over security offences. As such, it functions outside the Palestinian civil court system in the West Bank and the Gaza Strip. The State Security Court provides no right of appeal and thus operates in contravention of international fair trial standards. Sentences issued by the State Security Court, including life imprisonment and death penalties, are only subject to ratification by the President of the Palestinian National Authority.
LAW condemns acts of collaboration with Israel causing harm to the Palestinian struggle against the Israeli occupation. However, LAW demands that individuals suspected of acts of collaboration be tried according to internationally recognized fair trial standards and opposes the death penalty as the ultimate violation of the right to life.
Since February 1995 Palestinian courts have issued 33 death sentences, 13 of which have been issued by the State Security Court. To date three people have been executed in the PNA after grossly unfair trials.
LAW urges President Arafat not to ratify any of the death sentences issued by Palestinian courts.
LAW calls for the abolition of the State Security Court and the prohibition of the death penalty in the PNA.
LAW calls on President Arafat to order a retrial for Majdi Muhammad Ahmad Makawi before a court operating in accordance with international fair trial standards.