conducted interviews with them over the phone. The fifth defendant answered ourquestions via e-mail.• Indictments used before the SSSC: a Syrian human rights activist provided <strong>Human</strong><strong>Rights</strong> <strong>Watch</strong> with copies of three indictments of cases before the SSSC. Theseindictments proved helpful in understanding the type of evidence relied on by theSSSC.<strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> also reviewed previously published studies on the SSSC, as well as anycomments or decisions on the SSSC by UN institutions such as the UN Working Group onArbitrary Detention. 6Most persons interviewed for this report asked <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> not to reveal theirnames out of fear that Syrian authorities would harass them or their families, or in the caseof diplomats, cause a backlash against their presence in court. In such cases, <strong>Human</strong> <strong>Rights</strong><strong>Watch</strong> has not used names but descriptive terms to explain the source (for example,“western diplomat,” “Kurdish activist,” etc.) and initials (for instance, “J.K.”) that do notcorrespond to the interviewees' real names.Despite <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>’s best efforts, we were unable to interview Syrian authoritiesfor this report, nor are we able to reflect the Syrian government’s views, as they have failedto reply to our requests for information or interviews. Syrian authorities have denied ourrequests to visit Syria and meet with Syrian officials. We sent a letter to the Syrianambassador to the United States on January 9, 2009 outlining the findings of our report andasking for comments. To date, <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> has received no response.6 Razan Zeitouneh, The Damascus Center for <strong>Human</strong> <strong>Rights</strong> Studies, “Is There <strong>Justice</strong> in Exceptional Courts? The SupremeState Security Court as an Example,” April 2007, http://middleeasttransparent.com/article.php3?id_article=1247 (accessedNovember 10, 2008); Amnesty International, “Memorandum on the Supreme State Security Court: A Summary of AmnestyInternational’s Concerns,” AI Index: MDE 24/039/2007, August 2007,http://www.amnesty.org/en/library/asset/MDE24/039/2007/en/769227e8-ce8e-11dc-a98a-359eaace9fe9/mde240392007eng.pdf (accessed November 10, 2008); <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>/Middle East, Throwing Away theKey, October 1992, pp. 8-9; Middle East <strong>Watch</strong> (now <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>/MENA), Syria Unmasked: The Suppression of<strong>Human</strong> <strong>Rights</strong> by the Asad Regime (New Haven: Yale University Press, 1991); <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>/Middle East, Syria –ThePrice of Dissent, vol. 7, no. 4, July 1995.9 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> February 2009
III. Overview of the Supreme State Security CourtA. Legal Authority and ProceduresThe Supreme State Security Court (SSSC) is an offspring of the state of emergency that theSyrian authorities declared on March 8, 1963 and remains in effect today. 7 As initiallyenacted, the emergency law authorized the referral of offenses against the security of thestate and public order to military courts. 8 In 1968, Legislative Decree No. 47 replaced theexceptional military courts with the SSSC. 9The SSSC has jurisdiction over “all persons, civilian or military, whatever their rank orimmunity.” 10 Its subject matter jurisdiction is virtually unlimited, having inherited theexceptional military court jurisdiction as well as the authority to look at “all other casesreferred to it by the martial law governor.” 11Legislative Decree No. 47 exempts the SSSC from the rules of procedure followed by regularSyrian courts:The right of defense as prescribed in relevant laws notwithstanding, statesecurity courts are not required to follow judicial procedures stipulated inthese laws during any of the phases of investigation, interrogation and trial. 12The SSSC consists of a three-judge panel, which includes two civilian judges and a militaryjudge. 13 The judges are usually members of the Ba`ath party appointed by decree upon thesuggestion of the martial law governor. 147 The Ba`ath Party government instituted the state of emergency with Military Order No. 2 of March 8, 1963. Legislative DecreeNo. 51 of December 22, 1962, a law enacted by the previous government actually authorizes the government to declare a stateof emergency. Legislative Decree 51, December 22, 1962.8 Legislative Decree No. 51, art. 6.9 However, exceptional military courts continued to operate despite Legislative Decree No. 47. Most recently, a military fieldcourt sentenced a group from the town of Daria on February 14, 2004. For more details, see reference in Damascus Center for<strong>Human</strong> <strong>Rights</strong> Studies, Is There <strong>Justice</strong> in Exceptional Courts?, p. 4.10 Legislative Decree No. 47, art. 7.11 Legislative Decree No. 47, art. 5. Under Syria‘s emergency law, the prime minister is appointed as martial law governorafter the declaration of a state of emergency. He can then exercise a wide range of powers including the right to restrictmovement and assembly. Legislative Decree 51, December 22, 1962, arts. 3-912 Legislative Decree No. 47, art. 7(a).<strong>Far</strong> <strong>From</strong> <strong>Justice</strong> 10
- Page 1 and 2: SyriaFar From JusticeSyria’s Supr
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- Page 6 and 7: I. SummaryIt is not really a judici
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- 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 `Adr
- Page 52 and 53: “belonging to a secret organizati
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- Page 62 and 63: 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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102`Abd al-Khubar`Alawi bin Ahmadb.
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135Ahmad al-`Ujaylb. 1982Deir al-Zu
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16316416516616716816917017117217317
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196197Jam`a bin Hussain al-ShahadaY
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228Jamal Nab`a binHassanUnknown 25-