A Man and His Son Sentenced to Death by Hanging for Collaboration with IOF
By PCHR
December 03, 2004

On Monday, 29 November 2004, Gaza District Court – serious crimes bureau, sentenced Mohammed Mahmoud Ahmed Abu Qainas, 51, and his son Rami, 22, from Gaza City to death by hanging, after having convicted them of collaboration with Israeli Occupation Forces (IOF). The two were convicted of intentionally collaborating with the Israeli General Security Service (GSS) in an assassination attempt that targeted Dr. 'Abdul 'Aziz al-Rantissi, a senior leader of the Islamic Resistance Movement (Hamas), on 10 June 2003. Al-Rantissi and his son were injured and 3 civilian bystanders were killed in the attempt. The court also sentenced Mohammed Suleiman al-Deirawi, 27, and Mahmoud Khamis Zo'rob, 29, from Khan Yunis, to 10 years in prison; and Fu'ad 'Omar al-Zatma, 27, from Rafah, to 5 years in prison for collaboration with IOF. However, the court freed Fayez 'Assaf, from Jabalya, from two accusations against him.

In light of these sentences, PCHR asserts the following:

  1. Searching for collaborators is a right and a duty of the Palestinian National Authority (PNA). While the international community is required to search for, and bring to justice Israeli war criminals for crimes they commit against Palestinian civilians, the PNA is required to search for collaborators since they are the means and partners of IOF in committing such crimes.
  2. PCHR welcomes assigning this case to a civil court rather than the State Security Court, which lacks the minimum standards of a fair trial. PCHR believes that this step contributes to the enhancement of the role and independence of the judiciary.
  3. PCHR reiterates its position which rejects the death penalty and calls for abolishing it from Palestinian legislations, to conform to the international tendency to abolish this severe punishment that violates the right to life since it had not served as a real deterrent for crimes. In conformation with internationally accepted standards, PCHR calls upon the President of the PNA not to ratify the death sentences and substitute them with imprisonment.

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