MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession stresses its opposition of the death penalty, as a penalty itself or in terms of the procedures of its imposition or application, for it is an expression of the failure of the security solution and its inability to provide political and social stability, which MUSAWA has already confirmed publicly and repeatedly. MUSAWA expresses its shock at the issuance of death sentences through field military tribunals, which -apart from its political implications- lacks fair trial guarantees and the right of the accused to appear before their natural judge and their right to all of the elements of defense guaranteed by the Basic Law and the signed international agreements, especially in the face of an increasing international trend towards the abolition of the death penalty, as it has not and will not achieve the declared goal of its imposition and implementation, in addition to conflicting with the criminal philosophy adopted in democratic regimes. This is founded on the theory of reform and integration, which is based on a genuine scientific study that tackles the phenomenon of crime and its causes, and how it should be addressed from the roots, which are often not linked to the individual characteristics of the accused.
Furthermore, the imposition of the death penalty would affect the reputation of the Palestinian people, their civilization, their right to self-determination and their ability to establish a state of law and justice, especially at this stage of our national struggle for liberation and independence. We are in dire need of expanding the circle of countries and nations that support our cause and support the rights of our people.
Accordingly, we demand that the death penalty be reconsidered and a moratorium be established on its application while providing fair trial guarantees, including the accused’s right to defense. We demand that the death penalty be replaced with some other penalty regulated by the Palestinian Penal Code in force, ensuring that it is not inconsistent with the international penal philosophy.
MUSAWA – The Palestinian Center for the Independence of the Judiciary and the Legal Profession.