A/HRC/34/36
in demonstrations. OHCHR raised these concerns with the Prime Minister both in person
and in writing but no response has been received to date.
Violence against women
63.
Women in the Occupied Palestinian Territory face multiple layers of violence and
discrimination. In September 2016, the Special Rapporteur on violence against women,
following her country visit, highlighted the prevalence of deeply embedded forms of
violence against women — including domestic violence, early marriage, sexual violence
(including rape and incest) and “honour killings” — which, she noted, were “petrified in a
context of prolonged occupation”.70
64.
There are no reliable statistics available on “honour killings” in the West Bank, but
OHCHR is concerned that loopholes in the law remain for such killings to be effectively
condoned. Although a presidential decree in May 2014 removed one specific provision to
mitigate sentences for perpetrators of “honour crimes” in such cases (article 98 of the Penal
Code), judges can still use the broad discretionary power to apply mitigating factors (article
99) in “honour killings”.71 In one case monitored by OHCHR, a 48-year-old man who had
killed his wife to “defend his honour” was sentenced to only two years’ imprisonment by a
court in Nablus on 31 May 2016. The judge observed that the crime had been committed
“in a fit of rage that was the result of an unlawful and dangerous act by the victim”, and the
convicted man received the benefit of mitigation under article 98 as the murder had taken
place before the decree.
Death penalty
65.
No executions were carried out in the West Bank during the reporting period. The
President of the State of Palestine continued his practice of not ratifying death sentences, as
required by the Basic Law for any execution to take place. Death sentences, however,
continue to be administered. Thus, on 29 December 2015, the Criminal Court of Jericho
sentenced a man to death for murder. The ruling is currently under appeal.
2.
Gaza
Right to life
66.
The reporting period saw a concerning resumption in executions in Gaza. On 31
May 2016, three men convicted of murder were executed. These executions were carried
out without the approval of the President of the State of Palestine, thereby flouting
Palestinian law and denying the right to be considered for pardon or commutation of the
sentence (see article 6 (4) of the International Covenant on Civil and Political Rights). 72 On
7 February 2016, Al-Qassam Brigades (the military wing of Hamas) announced the
execution of one of its members for “moral and behavioural misconduct”. In addition to
reports of ill-treatment and incommunicado detention for over a year, the execution appears
to have been extrajudicial as the decision was taken by the internal military and sharia
justice of Al-Qassam Brigades, which is not part of the formal judiciary in Gaza.73
67.
Death sentences continue to be pronounced by Gaza courts. According to the
Palestinian Centre for Human Rights, 19 individuals were sentenced to death during the
70
71
72
73
14
See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=20584&LangID=E.
See www.ohchr.org/Documents/Issues/Women/WRGS/Executive_
summary_study_called_honour_killings_Palestine.pdf.
See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=20037&LangID=E.
See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=17035&LangID=E.
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