democracy.” 138 The sentencing was scheduled for May 19, 2008 but subsequentnotes by diplomats and Syrian lawyers make no mention of such a session.• On May 11, 2008, the SSSC interrogated Ousama Zab`oun, a teacher and acalligraphist from Hama, accused of “weakening national sentiment” and belongingto a “salafi group planning to use terrorist means.” According to diplomat’s notes,the evidence against him was that he wrote “salafi expressions on a banner destinedfor a mosque” and possessed banned salafi books. The defendant denied anyknowledge that the words on the banners were salafi and reported that theMosque’s sheikh had told him these were words from the Prophet Muhammad. 139The next session was scheduled for July 21, 2008, but the SSSC suspended itsoperations at the beginning of July.• On May 11, 2008, the SSSC interrogated Mustafa Mamo and `Omar Sheikh al-Ard forawakening sectarian strife and belonging to a salafi group planning terrorist acts.According to diplomat’s notes, the SSSC focused on books owned by the two as wellas confessions about meetings they held. The notes state that Mamo admitted tomeeting a group from the Jam`at al-Da`wa wal Tabligh (“group that propagates thefaith”) and to owning the books seized from his house, but indicated that heobtained these books during his pilgrimage to Mecca. 140 According to the same notes,the court accused Omar Sheikh al-Ard of adhering to a Wahhabi movement andowning forbidden books that security police seized from his apartment. 141 The nextsession was scheduled for July 28, 2008, but the SSSC suspended its operations atthe beginning of July.• On May 18, 2008, the SSSC interrogated Mohamad Bassem Majni and his brotherFiras, two owners of a restaurant in Sahnaya, for belonging to a group that “sought tomodify the nature of the state.” According to a diplomat’s notes, the evidenceagainst them was a tape found in their car containing Islamist teachings and salafibooks found at their home, including a book entitled Riyad al-Saleheen (Heavens of138 Trial notes by European diplomats, April 20, 2008 (on record with <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>).139 Trial notes by European diplomats, May 11, 2008 (on record with <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>).140 Ibid. The Jam`at al-Da`wa wal Tabligh was founded in India in 1927 by Maulana Muhammad Ilyas, later spreadinginternationally to become one of the largest Muslim organizations in the world. The Jama’at al-Tabligh (as it is often referredto) describes itself as a nonpolitical, nonviolent group interested in proselytizing and bringing wayward Muslims back toIslam. It reportedly focuses on teaching and encouraging individuals to follow Islamic practices in matters of ritual, dress, andpersonal behavior while eschewing conflict and violence in its efforts to reshape individual lives through participation in amoral community. According to Rand Corporation, “the vast majority of the followers of the worldwide Jama’at al-Tablighmovement are nonviolent, although a small fringe of the movement has been associated with Talibanesque militancy and isbelieved to be a channel for recruitment into terrorist groups,” Rand Corporation, “the Muslim World after 9/11,”http://www.rand.org/pubs/monographs/2004/RAND_MG246.pdf, p. 6, 301-2.141 Trial notes by European diplomats, May 11, 2008 (on record with <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>).41 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> February 2009
the devoted). 142 The next session was scheduled for June 30, 2008, but the SSSCsuspended its operations at the beginning of July.According to diplomats and lawyers who regularly attend the SSSC, the court’s practice ofrelying on possession of books and CDs as sufficient evidence to convict a defendant ofmembership in a violent salafi group is very. A Syrian human rights activist who regularlydefends detainees before the SSSC told <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>, “90% of the materialevidence against defendants in such cases is CDs and books promoting fundamentalistthought.” 143 A Damascus-based Western diplomat who has attended SSSC trial sessions fora number of years shared his view: “Many of the so-called Islamists are only accused ofbeing in possession of CD's, booklets etc. of apparently radical Imams.” 144 As anotherdiplomat put it, “in trials of detainees ‘of Islamic profile,’ the narratives given by judge ormukhabarat sound often highly implausible, including conspiracy theories, references to CIA,al-Qa'ida.” 145<strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>’s review of available trial notes confirms that only in a handful of casesdid the SSSC prosecutor present additional evidence against presumed salafis. For example,on February 24, 2008, the SSSC interrogated Abdul Majid Ghuneim and Abdul RahmanKadram about explosives found in their house. 146 On April 28, 2008, the SSSC interrogatedMoussa Isma`il Ali, Khaled Dabbour and Abdul Kari Khalil, about weapons that theyreportedly sold. 147 On May 4, 2008, the SSSC interrogated Usama Nisani, about materialsfound in his house that would be “sufficient to make a bomb.” 148The consequence is that the SSSC has cast the net too wide and has blurred the linesbetween holding extreme religious opinions or beliefs —which is protected by internationallaw—and acts which can be legitimately held to be criminal—such as actively working toviolently overthrow a government . Individuals who may hold salafi opinions but abide by a142 Trial notes by European diplomats, May 18, 2008 (on record with <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>). Riyad al-Saleheen is a bookcompiled by al-Imam Yahya bin Sharaf al-Nawawi Al-Dimashqi which reportedly presents the true hadith of ProphetMuhammad on all issues relating to life and belief. The book is widely available, and can be bought at online retailers such asAmazon.com.143 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> e-mail from Syrian lawyer S.A., September 12, 2008.144 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> e-mail from Damascus-based Western diplomat N.R, August 28, 2008.145 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> e-mail from Damascus-based Western diplomat B.B., August 14, 2008.146 Trial notes by European diplomats, February 24, 2008 (on record with <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>).147 Trial notes by European diplomats, April 28, 2008 (on record with <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>).148 Trial notes by European diplomats, May 4, 2008 (on record with <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>).<strong>Far</strong> <strong>From</strong> <strong>Justice</strong> 42
- 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 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 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-