67 However, the most serious development that has occurred regarding the death penalty issue in 2010 is the carrying out of (5) death sentences, including (5) citizens, in violation of the provisions of the Palestinian Basic Law, which requires the ratification of the Palestinian President of the death sentences issued by civil or military courts prior to their execution. On 15/04/2010, the Government in the Gaza Strip implemented (2) death sentences: one issued against Nasser Salameh Abu Freih, 33, from Abed Rabbo neighborhood in Gaza, accused of treason, and the other against Mohammad Ibrahim Ismail Al‐Sabe’, 37, from Rafah, on charges of treason, and sentenced on 03/11/2010. On 18/05/2010, the Government in the Gaza Strip also carried out (3) death sentences against Amer Jundiyeh, 45, from Gaza City, on charges of murder, Rami Mohammad Juha, 24, from Gaza City, on charges of rape and murder , and Matar Al‐Shobaki, from Gaza City, on charges of murder and theft, through the Civil Criminal Court. The latter was sentenced on 20/03/1996 and the sentence was not executed until (14) years after its issuance. The execution of these sentences was accompanied by many law violations addressed by ICHR on several occasions.68 The most serious legal offense (14) Ayman Awad Hussein al‐Massar’a, 29, Gaza City, on charges of kidnapping and participation in a murder, the military court, sentenced on 06/12/2010. (15) Fayez Talab Nassar Wahidi, 55, Gaza City, was charged with murder, the Court of First Instance of Gaza, sentenced on 29/12/2010. 68 For more details on death sentences which have been carried out, see: Yasser Ghazi ‘Alawneh, Extrajudicial Execution, (Ramallah: Palestinian Independent Commission for Human Rights, July 2010). Among the legal violations referred to by this study, the following offenses: 1. Executed rulings were issued by the Military Justice on the basis of the provisions of the PLO Revolutionary Penal Code of 1979, despite the description of this law as unconstitutional and not belonging to the PNA legal system. It has not been presented to the Legislative Council, as well as many of its provisions contradict with international standards of human rights and with the rules that stipulate bringing civilians before civilian courts and their “natural” judge. 2. Death sentences executed by the President of the Palestinian National Authority have not been ratified according to the powers set forth in the Basic Law in this regard. 3. Fair trial guarantees were absent in the trials that took place for those death sentences which had been executed, particularly a person’s right to trial before a competent, independent impartial court, where all guarantees that allow defendants to exhaust all means of self‐defense are available. 4. Violation of a guarantee to provide the highest degree of justice for those convicted to death by depriving them of consideration of the cassation ruling issued against them to a death defense and not an audit, in order to provide a higher degree of justice for people sentenced to death. The execution of the death penalty without the President's ratification of those provisions buried

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