| LONDON - September 1 - Amnesty International unequivocally
condemns the Palestinian Authority's execution of two men on 30 August. Ra'ed and Muhammad
Abu Sultan were executed after receiving a summary and unfair trial before a special
military court, only three days after they were charged with committing two killings. This case not only involved the violation of Ra'ed and Muhammad Abu
Sultan's right to life, but also their right to a fair trial. We are shocked that the
Palestinian Authority has chosen to execute two men the day after a summary trial, where
they were represented by state-appointed lawyers and were denied any right to appeal.
Amnesty International is completely opposed to the death
penalty. It considers this punishment to be the ultimate form of cruel, inhuman and
degrading treatment and a violation of the right to life.
In this case a dispute reportedly arose between the
al-Khalidi and Abu Sultan families in Deir al-Balah in the Gaza Strip on 27 August. Two
men, Muhammad and Majdi al-Khalidi, were killed during the incident and another person was
injured. Later that day, Yasser Arafat, the President of the Palestinian Authority,
ordered the establishment of a special military tribunal to try those allegedly involved
in the incident.
The trial of Ra'ed, Muhammad and Fares Abu Sultan, all
members of the Palestinian istikhbarat (military intelligence) opened the following day, a
Friday, when the courts do not usually sit. Human rights organizations and lawyers were
not aware that the trial was opening and therefore had no opportunity to attend on the
first day. Also, the accused were apparently not given the opportunity to be represented
by lawyers of their choice. They were reportedly represented by lawyers from the
Palestinian security forces, appointed by the prosecutor's office.
On 29 August the court sentenced the three accused to
death. Ra'ed and Muhammad Abu Sultan were executed by firing squad the following afternoon
at the Gaza Police Headquarters. President Yasser Arafat commuted the death penalty
imposed on Fares Abu Sultan to life imprisonment.
Amnesty International also fears that the special military
court convicted the three accused on insufficient evidence: the trial was extremely short
and there was clearly not enough time for the Palestinian Authority to conduct a
comprehensive investigation, including forensic tests, into the circumstances of the
killings in Deir al-Balah before trying Ra'ed, Muhammad and Fares Abu Sultan.
Amnesty International finally expresses its grave concern
that Ra'ed, Muhammad and Fares Abu Sultan were denied the right to appeal the court
verdict, as required by Article 14 of the International Covenant on Civil and Political
Rights. There is no right of appeal against the decision of special military tribunals, as
opposed to the Palestinian Authority's ordinary military courts.
Amnesty International is deeply disappointed that the
Palestinian Authority has resisted the worldwide trend towards abolition of the death
penalty by carrying out executions for the first time since it was established in 1994. We
call on the Palestinian Authority to guarantee that the death penalty will not be employed
in the future.
To date, the Palestinian Authority's State Security Court
and military courts have issued about 20 death sentences, often after the accused received
unfair trials. President Yasser Arafat has commuted most of these sentences to life
imprisonment.
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