March, 31 2010, 01:28pm EDT
For Immediate Release
Contact:
Tel: +44 (0) 20 7413 5566,After hours: +44 7778 472 126,Email:,press@amnesty.org
Hamas Must Not Carry Out Executions in Gaza
LONDON
Amnesty International has urged the Hamas de facto
administration in Gaza not to carry out several pending death sentences,
after high-ranking officials signalled their intention to execute those
convicted of "collaboration" with Israel and "murder".
It is feared that these executions, which would be the first to be
carried out in Gaza since 2005, may be carried out in the next few days.
Since seizing control of Gaza in 2007, Hamas has not carried out
executions although its military courts have continued to hand down
death sentences after proceedings that failed to meet international
standards for fair trial.
"Hamas must not start carrying out executions. That would be a
profoundly retrograde step and go against the emerging trend towards a
worldwide moratorium on executions," said Malcolm Smart, Director of
Amnesty International's Middle East and North Africa Programme.
"It would be especially abhorrent to execute prisoners who, as in
these cases, were sentenced to death after proceedings which failed to
meet international fair trial standards."
Hamas has not released information on how many people could face
execution. However, in 2009, a total of 14 people are known to have been
sentenced to death by military courts in Gaza after being convicted on
charges of "collaboration", treason and murder.
On Sunday, the General Prosecution Office in Gaza said that
ratification of outstanding death sentences was not only necessary but
that it was a legal duty.
In a public statement issued on 25th March, Mohammed Abed, Hamas's
Attorney General in the Gaza Strip, announced that during the previous
two months, the General Prosecution Office had begun the process of
ratifying the death sentences of those convicted of "collaboration" and
murder.
Two days earlier, Fathi Hammad, the Hamas Interior Minister in Gaza,
said in a radio interview that his Ministry had decided to execute
prisoners convicted of "collaboration" despite the objections of local
human rights organizations.
Mohammed Abed has also said the death penalty will be used against
people convicted of dealing drugs - "We have the right to hasten the
execution of those who are willing to kill their own people".
In November 2009, the Hamas de facto administration in Gaza approved a
legal change that would permit the execution of convicted drug dealers.
Under Palestinian Law, death sentences must be ratified by the
Palestinian Authority (PA) President before they can be carried out.
However, as a result of inter-factional tensions between the two main
Palestinian political parties, Fatah and Hamas, since June 2007, the
West Bank has been governed by a PA caretaker government appointed by PA
President Mahmoud Abbas of the Fatah party and Gaza has been ruled by a
Hamas de facto administration led by Isma'il Haniyeh.
After June 2007, PA President Abbas suspended operations of PA
security forces and judicial institutions in Gaza, creating a legal and
institutional vacuum there.
Hamas responded by creating a parallel law enforcement and judicial
apparatus. These however lack appropriately trained personnel,
accountability mechanisms or safeguards. In May 2009, Hamas announced
that it was establishing a committee composed of legal advisors and
officials in the Hamas Ministry of Justice who would be responsible for
ratifying death sentences in Gaza. The General Prosecution Office said
on Sunday that the cabinet had a duty to help ratify death sentences in
order to implement outstanding death penalties.
The last known executions in Gaza were carried out in June and July
2005, prior to the establishment of the Hamas de-facto administration in
Gaza.
Four men were hanged in Gaza central prison and one was killed by
firing squad in the Police headquarters in Gaza City. All five had been
convicted of murder in earlier years, some by the State Security Court,
which has since been abolished.
Amnesty International is a worldwide movement of people who campaign for internationally recognized human rights for all. Our supporters are outraged by human rights abuses but inspired by hope for a better world - so we work to improve human rights through campaigning and international solidarity. We have more than 2.2 million members and subscribers in more than 150 countries and regions and we coordinate this support to act for justice on a wide range of issues.
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Liberal Justices Grill Attorney in Supreme Court Case on Criminalizing Homelessness
"Where are they supposed to sleep? Are they supposed to kill themselves not sleeping?" asked Justice Sonia Sotomayor of unhoused people who have been barred from sleeping outside in Grants Pass, Oregon.
Apr 22, 2024
As housing rights advocates and people who have been unhoused themselves rallied outside the U.S. Supreme Court Monday to demand an end to the criminalization of homelessness, the court's three liberal justices demanded to know how the city of Grants Pass, Oregon can penalize residents who take part in an act necessary for human survival—sleeping—just because they are forced to do so outside.
After an attorney representing Grants Pass, Thomas Evangelis, described sleeping in public as a form of "conduct," Justice Elena Kagan disputed the claim and reminded Evangelis that he was presenting a legal argument in favor of policing "a biological necessity."
"Presumably you would not think that it's okay to criminalize breathing in public," said Kagan, who was appointed by former President Barack Obama. "And for a homeless person who has no place to go, sleeping in public is kind of like breathing in public."
Evangelis is representing the city in Grants Pass v. Johnson, a case stemming from a 2018 lawsuit filed by an unhoused woman, Debra Blake, who accused officials of "trying to run homeless people out of town."
"On any given day or night, hundreds of individuals in Grants Pass, Oregon, are forced to live outside due to the lack of emergency shelter and affordable housing in their community," the original lawsuit stated.
The city has passed ordinances banning people from sleeping or camping on publicly owned property, with violators subject to fines of hundreds of dollars.
A lower court ruled that the city's bans were in violation of the Eighth Amendment, which bans excessive fines and cruel and unusual punishment, "when there was no other place in the city for [unhoused persons] to go."
The city's only homeless shelter, Gospel Rescue Mission, has 138 beds, and the plaintiffs have said there is frequently no room for many of the hundreds of unhoused people in Grants Pass.
On Monday, Justice Sonia Sotomayor appeared inclined to agree with the plaintiff in the original lawsuit who claimed Grants Pass ultimately wanted unhoused people to leave the city. She pointed to comments city officials have made about their aim "to remove every homeless person and give them no public space."
"Wasn't Grant Pass's first-attempt policy choice to put people, homeless people, on buses so they would leave the city?" she asked Deputy United States Solicitor General Edwin Kneedler. "Police officers would buy them a bus ticket, send them out of the city. But that didn't work because people came back because it had been their home... So then they passed this law, and didn't the City Council president say, 'Our intent is to make it so uncomfortable here that they'll move down the road,' meaning out of town, correct?"
Kneedler acknowledged that the statement was made at a City Council meeting.
"Not only is [sleeping] something that everybody engages in, but it's something that everybody has to engage in to be alive," Kneedler said in response to a question from Justice Ketanji Brown Jackson. "So if you can't sleep, you can't live, and therefore by prohibiting sleeping, the city is basically saying you cannot live in Grants Pass."
The city argued in its case that prohibiting local officials from regulating and banning homeless encampments in public places would cause more people to sleep outdoors—an argument U.S. Rep. Cori Bush (D-Mo.), speaking at the rally outside the court, said exposed "how absurd our country's approach to the unhoused crisis is."
"Instead of enacting real solutions to the unhoused crisis, Grants Pass has taken this case all the way to the Supreme Court and is calling for the court to overturn a landmark decision from 1962 that says the government cannot punish people based on status. So we're here today to demand the Supreme Court support humanity, adhere to constitutional precedent, and protect the rights of our unhoused neighbors," said Bush, who has spoken about previously being unhoused herself and sponsored related legislation.
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The case arrived at the high court four months after the U.S. Department of Housing and Urban Development released annual data showing a 12% increase in homelessness last year from 2022, largely due to a sharp rise in the number of people who were without housing in 2023 for the first time in their lives. Experts often argue the federal figures are an undercount.
On Monday, the Eviction Lab at Princeton University released new data showing that in 25 of the 32 cities it analyzed, an increase in eviction filings was seen between 2022-23.
"The country lacks millions of units of affordable rental housing, and in those units that are available, a record number of tenants are paying well beyond their means," reported the Eviction Lab. "High interest rates prevent younger, middle-class renters from buying homes, which in turn increases demand in the rental sector."
Considering the dynamics contributing to a growing unhoused population, Sotomayor asked of people facing homelessness in Grants Pass: "Where are they supposed to sleep? Are they supposed to kill themselves not sleeping?"
The conservatives on the Supreme Court, who make up the majority, signaled a willingness to rule in favor of the city, with Chief Justice John Roberts acknowledging that the case is centered on "a policy problem because the solution, of course, is to build shelter to provide shelter for those who are otherwise harmless," but noting that "municipalities have competing priorities."
The answer to the questions being asked at the Supreme Court Monday "is not complicated," said Rep. Delia Ramirez (D-Ill.). "Unhoused people need housing. Housing is the answer. Housing NOT Handcuffs."
Ramirez repeated a phrase that was seen on many signs held by rally attendees, who included the national grassroots economic justice group VOCAL and organizers with the Southern Poverty Law Center (SPLC) and the National Homelessness Law Center (NHLC).
"What the Supreme Court decides in this case will say a lot about what kind of country we are and what country we want to be," said Efrén Olivares, director of strategic litigation and advocacy at the SPLC. "We demand a future without policies like the one before the court and a government that instead works to ensure that the right to affordable housing is guaranteed for all."
A ruling in the case is expected in June.
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Climate action advocates on Monday celebrated the Biden administration's Earth Day announcement that it is distributing $7 billion in Solar for All grants "to develop long-lasting solar programs that enable low-income and disadvantaged communities to deploy and benefit from distributed residential solar, lowering energy costs for families, creating good-quality jobs in communities that have been left behind, advancing environmental justice, and tackling climate change."
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Amnesty International said Monday that the ongoing surge in deadly violence by Israeli settlers and soldiers in the West Bank "underscores [the] urgent need to dismantle apartheid" in the illegally occupied Palestinian territories.
For more than a week now, Israeli settlers have been attacking West Bank Palestinians in towns and villages including Al-Mughayir, Duma, Deir Dibwan, Beitin, and Aqraba, killing at least four people including a child; wounding dozens of others; and destroying homes, vehicles, and other property.
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Amnesty said the "alarming spike in violence by Israeli settlers against Palestinians across the occupied West Bank in recent days highlights the urgent need to dismantle illegal settlements, end Israel's occupation of the occupied Palestinian territories, and its longstanding system of apartheid.
"The appalling spike in settler violence against Palestinians in recent days is part of a decadeslong state-backed campaign to dispossess, displace, and oppress Palestinians in the occupied West Bank, including East Jerusalem, under Israel's system of apartheid," Amnesty Middle East and North Africa regional director Heba Morayef said. "Israeli forces have a track record of enabling settler violence and it is outrageous that once again Israeli forces stood by and in some cases took part in these brutal attacks."
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The latest wave of settler violence was sparked by the disappearance of Binyamin Achimair, a 14-year-old Israeli from the illegal settler outpost of Mal'achei Hashalom who went missing on April 12 while herding sheep near the village of Al-Mughayir east of Ramallah. As Israelis searched for Achimair, settlers began attacking Al-Mughayir's residents and property.
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Palestinian officials said Israeli troops attacked first responders attempting to rescue victims, including a volunteer paramedic who was shot in the leg.
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