Annual Report - Palestinian Center for Human Rights

Death Penalty
The PNA resumed the implementation of the death penalty in 2005, after a 3-year
suspension. This is a worrying development in light of the fact that dozens of deathrow
prisoners have been sentenced over the past 10 years and are currently in prison.
The PNA carried out 5 executions over a period of 6 weeks in 2005. All took place in
Gaza. On 12 June 2005, and without prior notice, 4 death row prisoners were
executed. All 4 had been sentenced to death a few years previously:
1- Mohammad Dawuod El-Khawaja, 24, from Beach Camp. He was sentenced
to death on 12 September 2000 by the State Security Court for killing Mustafa
Baruod on 5 September 2005. He was executed by a firing squad in the Police
Headquarters building in Gaza City.
2- Wael Sha’ban El-Shobaki, 33, from Gaza City. He was sentenced to death on
15 March 1996 by the Central Gaza Court for murdering Suheil El-Sayyed.
He was hanged in Gaza Central Prison.
3- Odeh Mahmoud Abu Azab, 27, from Khan Yunis. He was sentenced to death
on 31 October 1995 by the Central Gaza Court for kidnapping and murdering
a citizen. He was hanged in Gaza Central Prison.
4- Salah Khalil Musallam, 27, from Khan Yunis. He was sentenced to death on
25 January 1996 by the Higher Criminal Court for murder and theft. He was
hanged in Gaza Central Prison.
On 27 July 2005, the PNA executed Ra’ed Khalil El-Moghrabi, 32, from Jabalya, by
hanging in Gaza Central Prison. In 2001, the Higher Criminal Court had sentenced
him to death for the pre-meditated murder of Khalil Zumlot, 35, from Jabalya refugee
camp in 1998.
PCHR’s documentation indicates that the number of death penalty sentences carried
out rose to 13 since 1994. In addition, 9 death row inmates were extra-judicially
executed during attacks on prisons and courts. A total of 73 death sentences have
been issued by Palestinian courts since 1994.
On 7 February 2005, PCHR sent a letter to President Abbas requesting him to use his
constitutional authority to refrain from approving the death penalty and therefore
prevent implementation of this inhumane punishment, which is a flagrant violation of
human rights. In the letter, the Centre pointed to international trends to abolish the
death penalty, which has proven to be an ineffective deterrent against crime in the
countries where it is currently implemented.
It is noted that the majority of death sentences were issued by State Security Courts,
formed by the PNA in 1995. The Centre has criticized these courts in the past, as they
lack the basic requirements to ensure a fair trial – security officers act as judges; trials
are summary and do not allow time for defense cases to be formed; verdicts and
sentences delivered are not subject to appeal; and the law applicable in the court is
unconstitutional. PCHR requested the closure of these courts and the retrial in civil
courts of all those convicted through the State Security Courts. 44
44 Refer to the PCHR press release on 12 June 2005.
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