The Palestinian National Authority

Military Justice

Permanent Military Tribunal



In the name of Allah then in the name of the Palestinian people

The Permanent Military Tribunal in Gaza ruled, on the 8th of Thul Qe’da 1432H, the 6th of October 2011, in the case 37/2009 (Courts) and 38/2009 (Prosecution), concerning the accused Mohammed Baraka Abdel Aziz Abu Muailek – civilian – born in 1984 – lives in Tal al-Islam – Mother’s name Tayseera – detained on 21.04.2009 – no previous record, the following:


- Not guilty of the charges in the indictment, which comprised:


1. Conducting espionage with a hostile foreign security apparatus, as indicated by Articles 130, 131 and 132 of the Palestinian Penal Code of 1979.

2.  Accessory to murder, according to Article 378 Paragraph A, in conjunction with Article 89 Paragraph A of the Palestinian Penal Code of 1979,


due to lack of evidence as stipulated by Article 229 Paragraph B of the Code of Revolutionary Jurisdiction of 1979.


He is to be released immediately, unless under arrest pending trial in another case.


This judgment was passed by default and unanimously. It was read publicly and is subject to appeal.


Issued in Gaza City on the 8th of Thul Qe’da 1432H

6th of October 2011


Judge Sami al-Ashram, Member

Judge Hussam Shehada, Member

Judge Rami Ashour, Head

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