Far From Justice - Human Rights Watch

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The Syrian authorities have demonstrated no commitment to end the use of SSSC as a toolof repression and the international community, in particular, the European Union and itsmember states need to play a key role in pushing it in that direction. The recently improvedrelationship between the Europeans and the Syrian government presents an importantopportunity for a more assertive and vocal European role in addressing ongoing humanrights violations in Syria. In particular, the European Union should condition any furtherprogress in its relations with Syria, in particular the entry into force of the AssociationAgreement, on the dissolution of the SSSC, the release of defendants facing prosecutionsolely for their non-violent expression or association, as well as on concrete and measurablecommitments by Syria to cease the use of torture and ill-treatment in interrogations.7 Human Rights Watch February 2009
II. MethodologySources of current information on the SSSC are very limited. The SSSC does not publish anyof its proceedings or judgments. Access to another potentially important source ofinformation, the defendants themselves, is also severely restricted because mostdefendants tried by the SSSC in the last three years are still in detention, with the vastmajority of them in Sednaya prison, a military-run jail, where visits are strictly controlled.To counter this lack of information, Human Rights Watch relied on five main sources ofinformation:• Observation notes prepared by foreign diplomats attending the SSSC: The diplomatsprovided Human Rights Watch with notes covering 27 court sessions they attendedfrom July 2007 to June 2008. The observation notes usually provide basicinformation on the defendant, the charges against him, the evidence raised in court,whether the defendant alleged being tortured, the sentence, and other limitedobservations by the diplomats about the proceedings.• Statements issued by Syrian lawyers and organizations: A number of Syrian humanrights groups, in particular the Syrian Human Rights Organization-Swasiah and theNational Organization for Human Rights, issue almost-weekly statements on SSSCtrials. These statements are usually based on information obtained from lawyersrepresenting the defendants. Human Rights Watch reviewed all statements issued bythe Syrian groups for 2007-2008 and used the information in these statements toprepare Annex I, which lists all of the defendants known to have appeared before theSSSC between January 2007 and June 2008.• Interviews with diplomats, human rights activists and lawyers representingdefendants: Human Rights Watch interviewed six Western diplomats who attendedsessions before the SSSC, four defense lawyers who regularly represent defendantsbefore the SSSC, and five Syrian human rights activists who met with defendantswho had appeared before the SSSC and had information on the treatment ofdetainees. We conducted six of these interviews in person outside of Syria, and therest over the phone or by e-mail.• Interviews with individuals tried by the SSSC: We conducted interviews with fivedefendants whom the SSSC tried between 2004 and 2005 but who had finishedserving their sentence. Four of these defendants left Syria following their release; weFar From Justice 8
Page 1 and 2: SyriaFar From JusticeSyria’s Supr
Page 3 and 4: Copyright © 2009 Human Rights Watc
Page 6 and 7: I. SummaryIt is not really a judici
Page 8 and 9: denies lawyers the opportunity to e
Page 10 and 11: elonging to groups planning terrori
Page 14 and 15: conducted interviews with them over
Page 16 and 17: The decisions of the SSSC cannot be
Page 18 and 19: With the exception of a few cases,
Page 20 and 21: of a court session when the detaine
Page 22 and 23: silent, and only the judge and mukh
Page 24 and 25: parties other than the ruling Baàt
Page 26 and 27: In subsequent years, the SSSC has r
Page 28 and 29: possession of CD's, booklets etc. o
Page 30 and 31: Ocalan was based in Damascus, and t
Page 32 and 33: IV. The SSSC’s Recent Activities:
Page 34 and 35: November 4, 2007November 11, 2007No
Page 36 and 37: A third detainee sentenced by the S
Page 38 and 39: interpreted narrowly, with terms su
Page 40 and 41: eputation of the country,” conclu
Page 42 and 43: anything. The judge said they will
Page 44 and 45: not note any additional evidence pr
Page 46 and 47: democracy.” 138 The sentencing wa
Page 48 and 49: state’s laws are not criminals. A
Page 50 and 51: After signing, they took us to Àdr
Page 52 and 53: “belonging to a secret organizati
Page 54 and 55: Muslim Brotherhood. Syrian security
Page 56 and 57: Another diplomat saw additional adv
Page 58 and 59: With respect to the legal system•
Page 60 and 61: With respect to Syria’s more gene
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IX. AppendicesAnnex I - List of Jud
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Shirzad bin27Muhammad SamiBakrNear
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505152535455565758596061Muhammad Ah
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747576777879808182Wasim MuhammadJam
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102Àbd al-KhubarÀlawi bin Ahmadb.
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135Ahmad al-Ùjaylb. 1982Deir al-Zu
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16316416516616716816917017117217317
Page 76 and 77:
196197Jamà bin Hussain al-ShahadaY
Page 78 and 79:
228Jamal Nabà binHassanUnknown 25-
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Far From Justice - Human Rights Watch

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