A/HRC/19/20
defendant all procedural guarantees of a fair trial, including the right to appeal
the conviction and the sentence.
16.
During the reporting period the de facto authorities carried out three
executions. All were carried out without the ratification of the death sentences by
the President of the Palestinian Authority, which is a requirement under the
Palestinian Basic Law. On 26 July 2011, the de facto authorities carried out two
death sentences by hanging Mahmud Abu Qenas and Rami Abu Qenas. The two
had been found guilty in 2004 of murder and collaboration with Israel. On 4 May
2011, Abd al-Karim Mohammed Abed Shrair was executed by firing squad,
having been found guilty of collaborating with Israel. 14 The common use by de
facto authorities‟ security forces of torture and ill-treatment before and during
interrogation and the use of military tribunals to try civilians cast serious doubt
on the respect of fair trial guarantees in cases in which the death penalty is
imposed in Gaza.
17.
According to information collected by OHCHR, the de facto authorities‟
courts delivered at least seven death sentences since the beginning of 2011. All
of these sentences were handed down by military courts.15 On 11 October, the
High Military Court in Gaza sentenced to death Rebhi Ahmed Rebhi Badawi, a
35-year-old man, after conviction on charges of spying for the Israeli Defence
Forces (IDF). On 12 October, two more death sentences were issued by the High
Military Court, against Belal Sa‟ady Al Masri (22), from Beit Lahia, and Jehad
Abdullah As Sabea‟ (23), from the town of Ash Sheikh Zayed. The three were
reportedly sentenced to death after being convicted of having been involved in
the detonation of an explosive device that led to the killing of one person and the
injury of several others on 5 February 2009. These sentences can still be
appealed.16
B.
The Government of Israel
1.
Law enforcement in the West Bank including East Jerusalem and the right
to life
18.
During the reporting period, the Office for the Coordination of
Humanitarian Affairs (OCHA) reported 3,745 search and arrest operations by
IDF in the West Bank, during which 2,748 Palestinians were arrested and/or
detained. A number of cases documented by OHCHR indicate that IDF often use
live ammunition against unarmed Palestinians. The resort to the use of live
ammunition in IDF search and arrest operations resulted in the death of four
unarmed Palestinian civilians.
14
15
16
Human Rights Watch, “Gaza: Hamas should stop executions”, 1 August 2001. Available
from www.hrw.org/news/2011/08/01/gaza-hamas-should-stop-executions.
Palestinian Centre for Human Rights, “Military court in Gaza issues three new death
sentences”, 13 October 2011. Available from www.pchrgaza.org/portal/en/index.php?
option=com_content&view=article&id=7784:military-court-in-gaza-issues-three-newdeath-sentences-&catid=36:pchrpressreleases&Itemid=194
Al Mezan Center for Human Rights, “High military court sentences three persons to death
and one person to four years‟ imprisonment in two separate cases”, press release, 12
October 2011. Available from www.mezan.org/en/details.php?id=12779&ddname=
excution&id_dept=3&id2=9&p=center. See also Palestinian Centre for Human Rights,
“Military Court”.
7
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