of a court session when the detainee is in the holding cell of the SSSC and within earshot ofthe security guards. 34 A defense lawyer described the difficulties he faced talking to hisclient at the SSSC:The security guard often interferes in the conversation and asks the lawyernot to advise the detainee on some legal aspects of his case, or ask thedetainee to deny certain issues. In some cases, even court staff intervene torestrict communication with the detainee…The harassment has gotten so badthat I have refused lately even to try to talk to my clients through the door ofthe holding cell. 35These restrictions mean that many defendants never get to discuss their defense strategyand the evidence against them with their lawyers. A defendant told <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>how he learned of his lawyer’s written defense at the beginning of his defense session andimmediately sought to dismiss him because he disagreed with the approach adopted. 36Defense lawyers complained to <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> that the court denies them theopportunity to engage in oral defense and requires them to content themselves withsubmitting written defense statements to the court. 37 According to these lawyers, inpreparing their written defense, the SSSC only allows them to examine the prosecutor’sindictment (Karar ittiham al-niyaba al-`ama) and not the all-important preliminaryinvestigation in the security branches, even though Legislative Decree 47 preserves thedefendant’s right of defense in trials before the SSSC and article 275 of the Syrian Code ofCriminal Procedure provides that “a defense lawyer has the right to copy at his expense alldocuments that he deems valuable for his defense.” 38defendants before SSSC are detained in the political wing of `Adra prison, a civilian-run prison. In principle, lawyers areallowed to visit their clients in `Adra after a trial has started, but this remains subject to the whim of the security services.<strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interview with Syrian lawyer C.C., October 29, 2008.34 The report by the Damascus Center for <strong>Human</strong> <strong>Rights</strong> Studies quotes one of the lawyers saying “often, security agentsinterfere in the discussion with our clients. For example, we would be asking our client if he was tortured, the security officerwould say that this question is not allowed and would ask us to move on. Damascus Center for <strong>Human</strong> <strong>Rights</strong> Studies, “Isthere justice in Exceptional Courts?,” p. 17. An activist recalled a case where the lawyer Khalil Ma`tuk was even preventedfrom shaking the hand of his client, Omar al-Abdullah during the defense session on April 15, 2007 after an officer in themilitary police intervened directly. <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interview with Muhammad Abdallah, Beirut, September 8, 2008.35 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interview with Syrian lawyer C.C., October 29, 2008.36 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> phone interview with former detainee S.S., November 17, 2008.37 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interview with Syrian lawyer C.C., October 29, 2008; <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> e-mail from Syrian lawyerS.A., July 31, 2008.38 Code of Criminal Procedure, Decree no. 112, March 13, 1950. See also, analysis in Damascus Center for <strong>Human</strong> <strong>Rights</strong>Studies, “Is there justice in Exceptional Courts?”, p. 18.15 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> February 2009
These restrictions severely limit the role and effectiveness of the lawyer. According to onedefense lawyer, “many defense lawyers prepare the defense statement on the day of thecourt session. They simply write a four paragraph statement and enter the court. 39Defendants who spoke to <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> were dismissive of the role of the lawyer. Onedefendant sentenced by the SSSC in 2005 described the lawyer’s role “as a formality. Hedoes not change anything. The best he can do is obtain the date of the next session.” 40 Asecond defendant said “the lawyer’s limited role is a known issue, and it is mostlyprocedural. Even my lawyer’s interventions were on very basic issues and not at the heart ofthe accusations against me.” 41 For a third defendant, the lawyer simply served as amessenger between him and his family: “during one of trial sessions, I managed to ask thelawyers for some money and I asked them to tell my parents to visit me on a specific date.” 42For defendants who cannot afford a lawyer, the SSSC will appoint one. However, accordingto two lawyers who regularly appear before the SSSC, these appointed lawyers tend to betrainees who are intimidated by the SSSC and do not dare challenge it. 43 “Their [theappointed lawyers] defense statement tends to be limited to asking for the mercy of thecourt,” said one of the experienced lawyers. 44 The other complained to <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>that the appointed lawyers often failed to appear on the date of the hearing causing furtherdelays. 45Western diplomats attending the SSSC had similar comments about the limited role oflawyers in the proceedings: “I have never seen them interfere. The most I have seen is thelawyer asking the judge to repeat himself. The lawyer has no access to his client.” 46 Hisviews were echoed by another diplomat: “The detainees and their advocates often stay39 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interview with Syrian lawyer C.C., October 29, 2008.40 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> phone interview with former detainee C.A., February 15, 2008.41 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> e-mail from former defendant A.Y., October 22, 2008.42 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> phone interview with former detainee Mas`ud Hamed, August 19, 2008.43 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interview with with Syrian lawyer C.C., October 29, 2008; <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> e-mail from Syrianlawyer S.A., July 31, 2008.44 Ibid.45 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> e-mail from Syrian lawyer S.A., July 31, 2008. According to Amnesty International, in one case beforethe SSSC, the defense lawyers assigned by the court failed to appear for the hearings on three separate occasions. AmnestyInternational, “Memorandum on the SSSC,” p. 7.46 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interview with Damascus-based Western diplomat C.D., Beirut, April 14, 2008.<strong>Far</strong> <strong>From</strong> <strong>Justice</strong> 16
- 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 12 and 13: The Syrian authorities have demonst
- 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 22 and 23: silent, and only the judge and mukh
- Page 24 and 25: parties other than the ruling Ba`at
- 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 `Adr
- 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
- Page 62 and 63: IX. AppendicesAnnex I - List of Jud
- Page 64 and 65: Shirzad bin27Muhammad SamiBakrNear
- Page 66 and 67: 505152535455565758596061Muhammad Ah
- Page 68 and 69: 747576777879808182Wasim MuhammadJam
- Page 70 and 71:
102`Abd al-Khubar`Alawi bin Ahmadb.
- Page 72 and 73:
135Ahmad al-`Ujaylb. 1982Deir al-Zu
- Page 74 and 75:
16316416516616716816917017117217317
- Page 76 and 77:
196197Jam`a bin Hussain al-ShahadaY
- Page 78 and 79:
228Jamal Nab`a binHassanUnknown 25-
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