parties other than the ruling Ba`ath Party, felt compelled to criticize them. In a major publicstatement of September 27, 1979, it called on the regime to “restrict the jurisdiction of thestate security courts to crimes against the security of the state.” 54 Speaking in early 1980 atthe Ba`ath Congress, President Hafez al-Asad himself called for “the establishment ofordinary courts’ dominance over the special courts as soon as possible” and declared thatinstructions had been issued to the SSSC to avoid looking into any case that did not dealwith security. 55Such pronouncements proved worthless. Instead of promoting ordinary courts, the Syrianauthorities in the 1980s—a decade known for violent confrontations between the authoritiesand the opposition, notably the Muslim Brotherhood—proceeded to further ignore courtprocedures in favor of holding detainees without trials. 56 A review of publicly availableinformation on the SSSC does not reveal whether the court was active in the 1980s orwhether the authorities had completely suspended its operations.The SSSC resumed its activities in 1992, when the Syrian authorities began trying before thecourt hundreds of political activists, including communists, pan-Arab Nasserites, IraqiBa`athists, independent political activists, and Muslim Brotherhood members who had beenarrested as long ago as 1980 but who had not been brought to any court following theirarrest. 57The reason for the change in the government’s strategy in dealing with political prisoners isunknown. It may have been part of a larger shift in official Syria policy to provide some sortof legal cover to the continuing detention of thousands of political detainees. In parallel toreferring hundreds of defendants to the SSSC, president Hafez al-Asad issued an amnestyfor some 3,500 long term detainees in late 1991. 58One of the very first cases tried by the SSSC in 1992 involved the prosecution of humanrights activists from the Committees for the Defense of Democratic Freedoms and <strong>Human</strong><strong>Rights</strong> in Syria (CDF). Security services had arrested them in late 1991 and early 1992, and54 Ibid, p. 27.55 Ibid.56 For more information on detention without trial in the 1980’s, see <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>/Middle East, Throwing Away the Key,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), Ch. 2.57 For more information on the SSSC’s activities in 1992, see <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>/Middle East, Syria –The Price of Dissent,vol. 7, no. 4, July 1995.58 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>, Throwing Away The Key, p. 1.19 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> February 2009
the SSSC sentenced ten of them in March 1992 to prison terms ranging from five to ten yearsfor membership in an illegal organization, distribution without permission of leaflets criticalof the Syrian government, and conspiracy to undermine the government. 59Five months later, on August 27, 1992, in proceedings unmatched in scale since 1971, theSSSC tried an estimated 600 political detainees, including at least 150 suspected membersof banned Communist factions, for violations of the emergency laws. 60 The use of the SSSCto crackdown on political activism continued throughout the 1990s. For example, in 1993,the SSSC sentenced eight Syrian Kurds for “opposing the goals of the revolution” and“spreading false information” because they publicly distributed a leaflet on the issue ofstateless Kurds. 61 A year later, in 1994, the SSSC sentenced 21 alleged members of theunauthorized Party for Communist Action and the Community Party-Political Bureau for“membership in a secret organization created to change the economic or social structure ofthe state” to prison terms ranging from eight to fifteen years. 62Following President Bashar al-Asad’s assumption of power in July 2000, political and humanrights activists hoped that state repression and referrals to exceptional courts would easeup. 63 However, their hope was short-lived. In August 2001, Syrian security services arrestedten opposition leaders, including two members of parliament, Ma’moun Homsi and Riad Seif.With the exception of the two parliamentarians who were referred to the Damascus criminalcourt, the other eight opposition leaders, Riad al-Turk, `Aref Dalilah, Walid al-Bunni, Kamalal-Labwani, Habib Salih, Hasan Sa`dun, Habib `Isa, and Fawwaz Tello, were tried before theSSSC and sentenced to prison terms ranging between two to 10 years. Charges includedattempting to change the constitution by illegal means, inciting armed rebellion andspreading false information. 6459 For more background on the trial of CDF activists, see Middle East <strong>Watch</strong>, Syria – <strong>Human</strong> rights Workers on Trial, vol. 4, No.5.60 Some of the activists on trial in 1992 had been in detention without formal charges for up to 12 years. For more info, see<strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>, World Report 1993 – Syria chapter.61 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>, Syria-The Silenced Kurds, October 1996, Vol. 8, No. 4(E), p. ?? [only have online copy]62 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>, Syria’s Tadmor Prison, April 1996, Vol. 8, No. 2 (E). See Appendix A of Syria’s Tadmor Prison for SSSCConvictions of 21 political activists in 2004. See also, Appendix B of <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>, Syria: the Price of Dissent, for SSSCverdicts issued in 1993 and 1994.63 To read more about the mood in Syria at the time of Bashar al-Asad’s accession to power, see Alan George, Syria: NeitherBread nor Freedom (London: Zed Books, 2003), pp. 30-33; and <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>, No Room to Breathe, October 2007, Vol.19, No. 6(E), pp. 9-10.64 The Damascus Criminal court sentenced the two parliamentarians to five years imprisonment. For more information on thetrials of the ten activists, see “Syria: Long Prison Terms for Democracy Activists,” <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> news release, August 2,2002, http://hrw.org/english/docs/2002/08/02/syria4184.htm, <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>, No Room to Breathe, p. 11.<strong>Far</strong> <strong>From</strong> <strong>Justice</strong> 20
- 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 20 and 21: of a court session when the detaine
- Page 22 and 23: silent, and only the judge and mukh
- 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
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16316416516616716816917017117217317
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196197Jam`a bin Hussain al-ShahadaY
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228Jamal Nab`a binHassanUnknown 25-