- REPUBLIC OF PARAGUAY
- Na'el Jamal Qandil Doghmosh; F.T.W.; Harem Hilmi Herez; J.Z.J.; A.M.A.
Gender m/f: m
- 30 Aug 2012
- Distribution date:
- 21 Jul 2012
- UA No:
Na’el Jamal Qandil Doghmosh, Hazem Hilmi Herez and one other man known only as “F.T.W.” were executed by hanging in the Gaza Strip on 17 July. At least one of them had been convicted after he was reported to have been tortured to make him “confess” to murder. Two further men at risk of execution.
Na'el Jamal Qandil Doghmosh had been sentenced to death for murder in April 2011, and had his final appeal rejected by the Court of Cassation on 13 May 2012. His family said that during interrogation in 2010 his nails had been torn out and they had seen burns and bruises on his body. “F.T.W.” had been convicted of murder in December 2010 by the Gaza Court of First Instance, and the sentence was confirmed in May 2012 by the Court of Cassation. Hazem Hilmi Herez had been convicted by the Gaza Court of First Instance on 12 April 2011 of murder and robbery; his sentence was confirmed by the Court of Cassation on 26 April 2012.
Another man, 38-year-old “J.Z.J.” could be executed at any time, as his appeal was rejected by the Military High Court on 14 February 2012; and “A.M.A.” was convicted on 11 January 2012 by the Permanent Military Court of "collaboration” with the Israeli army, and murder. He has lodged an appeal against his sentence before the military court. If it is unsuccessful, he could then face execution at any time.
According to local NGO, the Palestinian Center for Human Rights (PCHR), the Hamas de facto administration in Gaza has executed six people this year and at least 14 since they took over administration of the Gaza Strip. Of these, six had been convicted of charges relating to alleged “collaboration” with the Israeli authorities and eight of murder.
The Palestinian Authority (PA) has jurisdiction over the Gaza Strip and parts of the West Bank, which make up the Occupied Palestinian Territories (OPT), all of which are under Israeli military occupation. However, intra-Palestinian factional violence and tensions between Fatah and Hamas, the Palestinian party which won the last parliamentary elections in 2006, resulted in the West Bank being governed by a caretaker government appointed by PA President Mahmoud Abbas and, as of June 2007, Gaza being governed by the Hamas de facto administration led by Isma’il Haniyeh.
Following Hamas’ takeover of Gaza, PA President Mahmoud Abbas suspended the operations of PA security forces and judicial institutions in Gaza, creating a legal and institutional vacuum there. Hamas responded by creating parallel law-enforcement and judicial apparatuses. These do not have appropriately trained staff or accountability mechanisms or safeguards.
Under Palestinian law, all death sentences must be ratified by President Mahmoud Abbas before they can be carried out. However, the Hamas de facto administration has been carrying out executions without obtaining the president's approval. The Hamas Ministry of Interior justifies the use of the death penalty saying that it has a duty to protect society and enforce law and order. Many of the death sentences are imposed by military courts, under the Palestine Liberation Organization (PLO) Revolutionary Code 1979, whose procedures do not meet international standards for fair trial.
Though no executions were carried out in Gaza between 2006 and 2009, the Hamas administration is known to have executed 14 people since 2010. There are around 30 Palestinians on death row, at least some of whom have been convicted after unfair trials, particularly before the military courts. Torture and other ill-treatment of detainees is routine in Gaza. During 2011, the local human rights organization Independent Commission for Human Rights (ICHR) said it had received over 100 allegations of torture in detention by various security agencies in Gaza and 100 allegations of torture by the police in Gaza.
Amnesty International acknowledges that it is the right and responsibility of the Hamas administration to bring to justice those suspected of criminal offences. However, there has never been any convincing evidence produced to prove that the death penalty is a more effective deterrent than any other forms of punishment.
Amnesty International opposes the death penalty – the ultimate cruel, inhuman and degrading punishment – in all cases as a violation of the right to life and the right not to be tortured or subjected to any cruel, inhuman or degrading punishment.
Further information on UA: 103/12 Index: MDE 21/004/2012 Issue date: 19 July 2012 http://www.amnesty.org/en/library/info/MDE21/003/2012/en ; http://www.amnesty.org/en/library/info/MDE21/002/2012/en ; http://www.amnesty.org/en/library/info/MDE21/001/2012/en