Palestine: death penalty in a forgotten country

Making the case for abolition

Human Rights and Democracy Media Centers SHAMS issued a statement on May 29, 2022 condemning the upholding of a death penalty sentence against a citizen by a military court of appeal. The organisation is called to release similar statements on a regular basis, depicting a worrying picture of how death penalty is used in Palestine. Violations of prisoners’ fundamental rights are fuelled by the ongoing conflict with Israel, as prison conditions come as a last priority. Created in 2004, Human Rights and Democracy Media Centers SHAMS works to spread the culture of good governance, abolish the death penalty and prevent torture in the country.

Dr. Omar Rahal is the head of SHAMS and Amal Faqih its executive director. Prison Insider asked them three questions.

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Prison Insider. Can you explain the political and legal context of Palestinian prisons?

SHAMS. The Palestinian Law refers to prisons as “rehabilitation and reform centres” in both the West Bank and the Gaza strip. The Palestinian National Authority (PNA) and the Palestinian Police Service¹ are responsible for ruling the seven prisons in the West Bank. Two of them, in Bethlehem and Tulkarm, are particularly inhumane and have deteriorated buildings. Three others, in Jericho, Nablus and Jenin, have better detention conditions. Hamas² is responsible for ruling the five prisons of Gaza. The situation in Gaza is no better than in the West Bank.
Many prisoners are awaiting trial for all kinds of sentences. They are held in detention centres (Al-Nathara), located in police headquarters, before being transferred to prisons. People are not supposed to be detained for more than 24 to 48 hours after arrest. Unfortunately, many prisoners, not just ones who were recently arrested, are kept incarcerated in detention centres for long periods of time. One person has been waiting for 12 years without any sentence, while another has been awaiting trial for almost eight years in a detention centre.

Both prisons and detention centres do not comply with international human rights standards: they are overcrowded, unhygienic, with no air conditioning and poor quality of food. There is no access to healthcare, prisoners are not allowed to contact their families and the legal duration of detention is not respected. Prisoners are subject to ill-treatment during interrogation by internal security forces, confessions and statements are frequently obtained by torture. The authorities focus on the blockade and the conflict with Israel, so much that detention conditions are forgotten and come as last priority.

The Palestinian Police is one of the security services of the PNA. ↩
The Palestinian nationalist and Islamist movement Hamas has been ruling the Gaza strip since 2007. ↩

Both military and civil courts can issue death sentences: by hanging for civilians, and by firing squad for the military.

PI. How is the death penalty used in Palestine?

SHAMS. There are 77 punishable crimes by the death penalty according to the Palestinian Law. Since the establishment of the PNA in 1994, some 260 death sentences have been issued: around 230 in Gaza and 30 in the West Bank. In the same period, 41 executions were carried out: 39 in Gaza and two in the West Bank. Prisoners sentenced to death are not kept separate from other prisoners, as we saw during our visit in Jericho in 2016. Detention conditions are dreadful for the whole prison population.

Three death sentences were issued during the month of Ramadan, two of them on the very first day. For Muslims, Ramadan is a symbol of tolerance and forgiveness. There should be no place for death!

The government of Hamas has repeatedly issued death sentences over the past two years, on or close to October 10th, date of the International Day Against Death Penalty. In 2021, ten sentences involving capital punishment were handed down in October. This demonstrates a complete disregard for human rights. Since the division between Fatah and Hamas¹ in 2007, 28 death sentences have been handed down without the signature of the Palestinian president in the Gaza strip. This constitutes a violation of the law².

Both military and civil courts can issue death sentences: by hanging for civilians, and by firing squad for the military. In the West Bank, civilians have not been tried before military courts since 2016 and no death sentence has been implemented since 2005. In Gaza, civilians are still tried by military courts and sentenced to death by Hamas. This is against the Palestinian Basic Law, and means that there is absolutely no guarantee of fair trial conditions³.

According to the law, children cannot be punished by capital punishment. A death sentence regarding a child has never been issued nor implemented. Only one woman has ever been sentenced to death in 2016 in Gaza. She has not been executed as of date. Her detention conditions have been the same as other women prisoners. Women are always incarcerated separately from men, no matter their sentencing.

A conflict broke out in 2007 between Fatah and Hamas, the two major political parties of the Occupied Palestinian Territories. Hamas gained exclusive control over the Gaza strip after driving out Fatah. ↩
Implementing death penalty requires the approval of the president, according to article 109 of the Palestinian Basic Law. However, issuing a death penalty sentence does not require the approval of the president. ↩
Military courts are not allowed to judge civilians according to article 101 of the Palestinian Basic Law. ↩

One our biggest challenges is the public opinion’s support towards the death penalty.

PI. What are your expectations and demands regarding the authorities’ actions?

SHAMS. First, we call for the PNA to ensure that both “rehabilitation and reform centres” and pre-trial detention centres comply with international standards. The PNA must urgently close the inhumane prisons in Bethlehem and in Tulkarm and transfer the prisoners elsewhere.
Second, we strive to raise awareness about prisoners’ conditions. Information regarding prisoners’ rights must be accessible in each prison for them to better know their rights. For example, they should have access to training courses to make their effort to resettle into society easier, particularly for prisoners with long sentences.

On the issue of death penalty, we recommend that the PNA signs on the United Nations’ Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.
Last but not least, one of our biggest challenges is the public opinion’s support towards the death penalty. Abolition is a very difficult subject that only a few organisations tackle in Palestine, and that is generally neglected by both the public and the administrations. It is necessary for SHAMS to work closely with citizens on this issue that concerns us all.

Interviewed by Marion Devesa and Camille Laassiri

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