With the exception of a few cases, our investigation indicates that SSSC trials usually do notinvolve any testimony by witnesses either for the prosecution or the defense. 26 A seasonedlawyer who regularly appears before the SSSC told <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>:It is rare for the prosecution to call any witnesses. And when they do, thewitnesses tend to be either security officials or informants. It is even rarer forthe court to accept the testimony of defense witnesses. Even when witnessesappear, they rarely add anything. In the case of [name withheld], a number ofwitnesses were called to support the testimony of the defendant, but thecourt completely ignored their testimony. 27Even though the SSSC trials usually consist of four short sessions, half of the trials weinvestigated took three years to conclude because SSSC officials scheduled court sessionsmonths apart. <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>’s review of the time between the date of arrest and thedate of sentencing by the SSSC in 217 cases since January 2007 shows that 50% of casestook three years or more.26 Three defendants before the SSSC told <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> that there were no witnesses in their trial before the SSSC.<strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> phone interview with former detainee K.K., August 22, 2008; <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> phone interview withformer detainee Mas`ud Hamed, August 19, 2008; <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> phone interview with former detainee C.A., February 15,2008. An experienced Syrian lawyer as well as a diplomat who regularly attends SSSC trials confirmed to <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>that witnesses rarely appear before the SSSC. <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> e-mail from Syrian lawyer S.A., July 31, 2008; <strong>Human</strong><strong>Rights</strong> <strong>Watch</strong> interview with Damascus-based Western diplomat N.R., Beirut, October 7, 2008.27 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> e-mail from Syrian lawyer C.O., October 8, 2008.13 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> February 2009
1. Restricted Role of LawyersLawyers play a very limited role in the proceedings, even though Legislative Decree 47preserves the defendant’s right of defense in trials before the SSSC. According to defendantsand lawyers interviewed by <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>, Syrian security forces usually do not allowlawyers to visit clients who have been referred to the SSSC until the day of the trial. This hasmeant that lawyers are not usually present when the defendant appears before the statesecurity prosecutor or the investigative judge, even though article 69 of the Syrian Code ofCriminal Procedure provides that a defendant has a right to have his lawyer present duringinterrogation before the investigative judge. 28 An experienced lawyer explained the problem:To represent a detainee, you need to be appointed by the defendant. To getthis appointment, you need to see the defendant. Since most defendantsbefore the SSSC are detained in the military-run Sednaya prison—wherelawyers are denied entry—you end up waiting for the defendant to appear onthe day of his trial to get appointed as his lawyer. 29A defendant noted however that the problem also lies with the investigative judge. “I toldHabib Najmeh [the investigative judge] that I wanted a lawyer present and that I will notspeak without one. He said, ‘there are no lawyers here. Things move fast here.’” 30 Otherdefendants interviewed by <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> stated that they did not have a lawyer whenthey appeared before the investigative judge and that the first time they saw a lawyer was onthe day of their trial. 31 A defendant even described how he signed the papers to appoint hislawyer from the defendant’s cage in the court. 32Even after a trial starts, defendants have very brief access to their lawyer immediately beforeor after trial sessions. The problem again is that lawyers are not allowed to visit their clientsin Sednaya prison. 33 So the only occasion for a lawyer to see his client is usually on the day28 Code of Criminal Procedure, Decree no. 112, March 13, 1950. See also Damascus Center for <strong>Human</strong> <strong>Rights</strong> Studies, “Is There<strong>Justice</strong> in Exceptional Courts?,” p. 17 (noting “Usually, the interrogation before the state security prosecutor takes placewithout the presence of lawyers. There are very few cases where the state security prosecutor allows the lawyers to bepresent.”)29 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> e-mail from Syrian lawyer C.C., October 8, 200830 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interview with former detainee M.M., November 19, 2008.31 Ibid.; <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> phone interview with former detainee K.K., August 22, 2008; <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> phoneinterview with former detainee Mas`ud Hamed, August 19, 2008, <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> phone interview with former detaineeS.S., November 17, 200832 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> phone interview with former detainee K.K., August 22, 2008.33 Sednaya prison, located about 30 kilometers north of Damascus, is under the control of the military, and is used for the pretrialdetention of detainees held by security services, as well as for those already sentenced by the SSSC. A small number of<strong>Far</strong> <strong>From</strong> <strong>Justice</strong> 14