52
The Independent Commission for Human Rights - ICHR
In terms of the sentencing court, death penalties were equally rendered by civilian and military
courts, accounting for 50 percent each. By contrast, in 2020, while 73 percent were handed down by
civilian courts, 27 percent of death sentences were pronounced by military courts. In 2021, charges
imputed to persons on death row included 66.7 percent for murders (73 percent in 2020) and 25
percent for collaboration with the enemy (27 percent in 2020).
Of note, the number of persons sentenced to death generally decreased in comparison to the previous year. No persons were executed in 2021.
2.1.1.2 Accountability for violations of the right to life
Complaints filed to the ICHR
Compared to 32 in 2020, a total of 33 complaints on abuses of the right to life were received by
the ICHR. In contrast with 17 in 2020, nine complaints were filed to the ICHR on deaths following
medical treatment on account of medical malpractice in the West Bank. The ICHR received six
replies from the MoH investigation committee on these complaints. In comparison to nine in 2020,
17 complaints on judicially ordered death sentences were lodged, with complainants requesting that
relevant government agencies be contacted to mitigate or suspend judicial executions. As in 2020,
the ICHR received three complaints on deaths inside (security, medical, or psychiatric) detention
facilities. Another four complaints on deaths resulting the abuse of arms or use of force by law enforcement personnel were filed to the ICHR in 2021.
Broken down by gender, complaints involved four females in comparison to nine female complainants in 2020. By age, all complaints were made adults. Geographical distribution shows that nine
complaints were filed in the West Bank and 24 in the Gaza Strip, compared to 17 and 15 lodged in
2020 in both areas respectively.
2.1.1.3 Actions taken to protect the right to life
The President of the State of Palestine continued to uphold his policy, refraining from approving
death sentences rendered by courts in the Gaza Strip. No death sentences were executed in 2021.
Measures implemented by government bodies to protect the right to life, as well as observations on
this action, were as follows:
By civilian courts65
Within the framework of protection of the human right to life by civil courts, the High Judicial
Council (HJC) reported that the West Bank courts heard and disposed of 393 out of 464 cases of
murder or cases associated with murder, including accomplice, interference, or incitement. Courts
also provided disposition of 37 pending cases in 2021.
By the Public Prosecution66
In the context of protecting the human right to life, the Public Prosecution handled 26 cases of
“murder”, of which 16 were remitted to competent courts, one dismissed, one referred to the Attorney General, and seven still under investigation. Also, 11 cases of “deliberate killing” cases were
documented, including six remitted to competent courts, one dismissed, and four still under investi65
66
Interview with Mr. Ahmed Wild Ali, Secretary General of the High Judicial Council (HJC), 7 February 2022.
Interview with Mr. Azzam Tawafsheh, Prosecutor, 2 March 2022.
The Situation of Human Rights in Palestine