A/HRC/25/40 67. Another serious issue of concern was the closure of two media offices. On 25 July 2013, the Prosecutor General of the de facto authorities in Gaza issued an order to temporarily close Ma’an News Agency and Al-Arabiya News Channel, accusing them of distributing false news regarding Hamas and its role in relation to political developments in Egypt. Ma’an News Agency reported that the de facto authorities provided it with a list of preconditions to be met in order to reopen the news agency, which were inconsistent with press freedom. Both offices were reopened in mid-November, without preconditions. 4. Death penalty and the right to life Palestinian Authority 68. On 4 May 2013, the Permanent Military Court in Jenin sentenced a security officer to death by firing squad for collaborating with Israel. In line with recent practice, the Palestinian President did not ratify this or any other death sentences. Pursuant to the President’s instruction, Palestinian military courts have retried a number of death-row prisoners and sentenced them instead to terms of imprisonment. De facto authorities in Gaza 69. Since 2008, courts of the de facto authorities in Gaza have issued 60 and upheld eight death sentences previously issued by the courts of the Palestinian Authority in Gaza. 83 The de facto authorities executed three persons during the reporting period, bringing to a total of 17, the number of executions since its takeover of Gaza. 70. Palestinian Basic Law rightly restricts the jurisdiction of military courts to “military affairs” (art. 101 (2)). In Gaza, under existing laws,84 the de facto authorities can impose the death penalty for a broad range of crimes, and civilians continue to be tried by military courts85 despite the recommendations of the United Nations Human Rights Committee. 86 On a number of occasions, the United Nations High Commissioner for Human Rights has urged the de facto authorities to halt executions, and raised concerns about the process by which death sentences were imposed in Gaza.87 OHCHR consistently documented allegations of denial of the right to receive legal assistance, the use of ill-treatment and torture during interrogations and violations of the right to a fair trial by both civilian and military courts of persons later sentenced to death. 71. In addition, persons sentenced to death are being denied the right to seek pardon or commutation of their sentences. None of the 17 executions in Gaza were ratified by the President, as required under Palestinian law. Moreover, trials failed to meet fair trial standards, which is of heightened concern where the death penalty may be applied.88 83 84 85 86 87 88 16 Source: PCHR, ICHR, B’tselem. No official figures on the number of persons on death row are available. Mandatory Criminal Code Ordinance No. 74 of 1936, amended by Egypt’s Military Governor Order No. 555 of 2 April 1957 and the Revolutionary Penal Code of 1979. As of 28 October 2013, 44 death sentences were issued by Military Courts, out of a total of 60 in Gaza. Human Rights Committee general comment No. 32 (2007) on Article 14, para. 22; also CCPR/CO/70/PER, para. 12; Basic Principles on the Independence of the Judiciary (1985), principle 5. See http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13628&LangID=E. Ibid.