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HRW Calls on Hamas not to Resume Executions

JERUSALEM, April 6, 2010 (WAFA)- Hamas authorities should rescind a recent announcement that they intend to resume application of the death penalty in Gaza, which has not been carried out there since 2005, Human Rights Watch said today.

The death penalty, which in Gaza would be carried out by firing squad or hanging, is inherently cruel and inhuman, and the death sentences handed down by Hamas military courts violate fair trial standards, Human Rights Watch said.

Most of those facing the death penalty in Gaza are affiliated with the rival Fatah movement or are people whom Hamas military courts say they are convicted of collaborating with Israel. On March 24, 2010, a Hamas leader, Fathi Hammad, stated that the Gaza authorities would implement the death penalty in 'the near future' against 'agents [of Israel] who have been sentenced to death, regardless of the position of rights groups that reject these kinds of sentences.'

'We are dealing here with convictions in trials that don't come close to meeting fair trial standards,' said Joe Stork, deputy Middle East director at Human Rights Watch. 'Hamas authorities should not take the backward step of starting to impose the death penalty, especially when people facing execution have suffered unfair trials.'

Hamas-run military courts in Gaza sentenced 16 people to death in 2009 and so far this year, including eight convicted of treason.   Nine of the 16 risk imminent execution; the other seven sentences were delivered against defendants in absentia. In addition, a Hamas-run civil court sentenced a 17th man to death last year.

Under Palestinian law, the Palestinian Authority (PA) president must ratify death sentences before they can be carried out.

Human Rights Watch said it views the death penalty as an inherently cruel and inhuman punishment.    In December 2007, the United Nations General Assembly called for a worldwide moratorium on the use of the death penalty.

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