Far From Justice - Human Rights Watch

Ocalan was based in Damascus, and the Syrian authorities provided PKK fighters with armsand training. 84 In 1998, however, Syria, under heavy Turkish pressure, ended its support forthe PKK, expelling Ocalan from his home in Damascus and closing PKK camps in SyriancontrolledLebanon. Since the reversal in policy, Syrian security services have arrested anumber of PKK members and Kurds expressing support for the PKK. 85D. International and national Criticisms of the SSSCThe SSSC has come under heavy criticism by UN bodies and Syrian and international humanrights groups. The UN Human Rights Commitee, the body charged with monitoring states’compliance with the ICCPR, to which Syria is a state party, has repeatedly criticized the SSSC.On July 28, 2005, it concluded its observations regarding Syria’s submissions to the ICCPRby stating that it “reiterates its previous concern that the procedures of this court [the SSSC]are incompatible with article 14 of the Covenant,” and that:[Syria] should take urgent measures to ensure that all rights and guaranteesprovided under article 14 of the Covenant are respected in the composition,functions and procedures of the Supreme State Security Court and inparticular that accused persons are granted the right to appeal againstdecisions of the Court. 86The UN Working Group on Arbitrary Detention, the body mandated to investigate cases ofdeprivation of liberty imposed arbitrarily, decided in at least 13 cases brought before it thatthe detention of individuals being tried by the SSSC was arbitrary. 87 In Opinion 21/2000, theWorking Group commented on the SSSC’s procedures:84 See James Brandon, The Jamestown Foundation, “The PKK and Syria's Kurds,” Terrorism Monitor, Vol. 5, Issue 3, February15, 2007 http://www.jamestown.org/terrorism/news/article.php?articleid=2370250; Gary Gambill, “The KurdishReawakening in Syria,” Middle East Intelligence Bulletin, Vol. 6, No. 4, April 2004.85 James Brandon, “The PKK and Syria's Kurds” (the author of the article notes that following his visit to Mount Qandil, thePKK's headquarters in Iraqi Kurdistan, there is anecdotal evidence that suggests that as many as 20 percent of the PKK's4,000 troops in Mount Qandil, are of Syrian origin).86 UN Human Rights Committee, Consideration of Reports Submitted by States Parties under Article 40 of the Covenant.Concluding Observations of the Human Rights Committee, Syrian Arab Republic, CCPR/CO/84/SYR, August 9, 2005, para. 10,http://www.ohchr.org/english/bodies/hrc/hrcs84.htm (accessed September 8, 2008). In 2001, the UN Human RightsCommittee also expressed concern about the SSSC and noted that the SSSC “rejects torture allegations even in flagrant casesand that its decisions are not subject to appeal.” UN Human Rights Committee, Consideration of Reports Submitted by StatesParties under Article 40 of the Covenant, Second Periodic Report of States Parties Due in 1984, Syrian Arab Republic, August25, 2000, CCPR/CO/71/SYR, para. 16 http://www.arabhumanrights.org/publications/countries/syria/ccpr/ccpr-co-71-syr-01e.pdf (accessed September 8, 2008).87 See WGAD Decisions No. 10/1993, 11/1993, 54/1993, 1/1994, 29/1996, 30/1996, 31/1996, 21/2000, 11/2002, 4/2005,7/2005, 15/2006, 16/2006. For a more detailed analysis of the WGAD decisions, see Amnesty International, “Memorandum onthe Supreme State Security Court: A Summary of Amnesty International’s Concerns,” AI Index: MDE 24/039/2007, August25 Human Rights Watch February 2009