-----Original Message-----
From: Addameer <[EMAIL PROTECTED]>
To: Addameer Mailings <[EMAIL PROTECTED]>
Date: Thursday, 11 March 1999 19:58
Subject: State Security Court issues a new death penalty sentence


State Security Court issues a new death penalty sentence - 2
Palestinian youth shot dead during protests against the court
decision

10 March 1999

Once again the State Security Court in Gaza issued the death
sentence against Palestinian, Ra�ed Ahmad Al-�Attar, 25 years,
accused of shooting Captain Rif�at Joudeh from Rafah. The
conviction of Ra�ed was read during the last hearing of State
Security Court on Wednesday, 10 March 1999 at 11 AM. The
panel of the Court consisted of General Farid Qutob as the
presiding judge, deputy generals Talal Abu Zeid, Salim Al-Wadiah
and Isma�il Al-Shaf�ee, and Major Munjid Al-Rayyess. The court
also sentenced, Muhammad  Abu-Shamaleh, aged 25, to life
imprisonment with hard labor and the Usama Abu-Taha, aged 24,
to fifteen years with hard labor.

Addameer Association in Gaza followed up all earlier public
hearings and has several serious objections to the procedures:

1. The prosecutor could not prove that it was the defendant Ra�ed
Al-�Attar who fired the gun. The six witnesses who testified against
the defendants actually confirmed the position of the defendant as
they admitted that none of them saw Ra'ed opening fire on Captain
Rif�at.

2. There was no evidence introduced to the court which proved that
the bullet that killed Captain Rif�at came out of Al-�Attar�s gun.

3. Judge Abdel Hay Abdel Wahed didn�t appear at the last hearing
when the verdict was read. Instead, he was replaced by Deputy
General Isma�il Al-Shaf�ee which contradicted the Basic Law,
where a judge should participate in at least four hearings.

Following the court�s reading of the verdict protests against the
verdict spread around the city of Rafah. These protests turned into
fights between the families of convicted and the family of late
Captain Rif�at and resulted in murder of �Ala Jum�ah Al-Hums, 17
years, and Khamees Salaameh, 17 years, and the injury of three
others by live ammunition.

Addameer expresses its deep concern about these incidents and
protests the unacceptable and unjustified use of force by
Palestinian Security Forces.

Addameer underlines the following:

1. We reconfirm our position against the State Security Court as it
contradicts all internationally acceptable standards of Human
Rights and the rule of law and does not fulfill the conditions of a fair
trial.

2. We demand that President Yasser �Arafat does not approve the
death penalty sentence.

3. We demand canceling death penalty in general from the
Palestinian Law as it is not a deterrent.

4. There must be an immediate stop to the use of fire arms against
civilians and Palestinian security forces need to exercise caution
and self-restraint in order to avoid worsening the situation.

Important Note:

We hope that every person concerned with the rule of law, will send
faxes to President Yasser �Arafat demanding that he not approve
the death penalty and calling for an end to the State Security Court.

President Arafat can be reached at this address:

President Yasser �Arafat
Head of Palestinian Authority Gaza
Fax: +972-7-2822365/6







______________________________________________________________________
ADDAMEER - Prisoners' Support and Human Rights Association
Jerusalem, PO Box: 17338.
Ramallah, West Bank.
Tel: +972-2-2960446 Fax: +972-2-2960447
mailto:[EMAIL PROTECTED]
URL: http://www.addameer.org/
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