“belonging to a secret organization,” “inciting sectarian strife,” and “spreading falseinformation.” Security forces had arrested Drar on June 4, 2005 after he made a speech atthe funeral of prominent Kurdish Islamic scholar Sheikh Muhammad Ma`shuq al-Khaznawi.In his speech, Drar demanded that the government grant Syrian Kurds the same rights asother citizens, particularly in regard to issues of citizenship for stateless Kurds.Commenting on the trial and detention of Riad Drar, the UN Working Group on ArbitraryDetention noted that:[it] takes notice that the Government does not contest that the criminalcharges were pressed against Mr. Al-Darrar because he hosted a publicmeeting, issued a communication and denounced a death in prison. Theseactivities where held without violence and are rights protected under theUniversal Declaration of <strong>Human</strong> <strong>Rights</strong> and the International Covenant onCivil and Political <strong>Rights</strong>[…]Furthermore, it is not contested that Mr. Al-Darrar’s detention was conductedwithout a warrant and that he was held in incommunicado detention for 25days, that his lawyers were not permitted to have contact with him and thatthey were not given the pertaining documents of the case, and that he didnot benefit from a fair and impartial trial, as the procedure before the SSSC isdescribed. 158Sentencing of Four Activists Celebrating NowruzOn February 3, 2008, the SSSC convicted four Kurdish activists on the basis of “acts, speech,writings or other means to cut off part of Syrian land to join it to another country.” The fourare Hamid Suleiman Muhammad, Adnan Me`mech, Ibrahim Haj Yousef, and Ahmed HusaynHabash. Two of them, Hamid and Adnan, received ten years in jail while the other two,Ibrahim and Ahmed, received seven years. The four were part of a group that Syrian securityservices arrested in March 2006 for participating in a candle-lit procession in celebration ofthe Kurdish new year, Nowruz. The security forces had used tear gas and batons to break upthe march. 159158 Working Group on Arbitrary Detention Opinion No. 15/2006 (Riyad Hamoud al-Darrar) (adopted on May 12, 2006),http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain/opendocpdf.pdf?docid=470b77b40 (accessed on November 19,2008). There is a lack of information on the exact circumstances of Sheikh al-Khaznawi’s death and it is not certain that hedied in prison.159 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>, World Report 2007, [link not working on new site. Waiting to fix footnote]47 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> February 2009
According to diplomats present at the trial, the SSSC accused them of attacking a troop ofpolice that had come to repress the demonstration 160 While <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> does nothave information on whether the four had attacked the police, it notes that the SSSCsentenced them for acts meant to “cut off part of Syrian land to join it to another country”and not for attacks against the police.E. Trial of Minors<strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> has identified at least four defendants whom the SSSC has tried since2005 who were not yet 18 at the time of the alleged commission of their offense. Underinternational law, children younger than 18 years can be subject to penal law procedures,but these procedures must be in full compliance with the Convention on the <strong>Rights</strong> of theChild (CRC), to which Syria is a state party. 161 Recognizing the vulnerability and specificity ofjuveniles, Syrian law states that minors must be tried in special juvenile courts by judgeswho “have experience with juvenile issues.” 162Despite these international and local standards, the SSSC sentenced on February 4, 2007three Syrian Kurds, Khibat Rashkilo, Sheikhmous Muhammad Kassem, and MustaphaMuhammad Ali, to two-and-a-half years in jail, even though the three were respectively 15,16, and 17 when they committed their alleged offense in 2004. 163 While they were over 18 atthe time of sentencing, the UN Committee on the <strong>Rights</strong> of the Child—the body tasked withoverseeing the implementation of the CRC—has stated that the special procedures forjuvenile justice set forth in the CRC apply to all persons under age 18 at the time of thealleged offense, regardless of the individual’s age at the time of trial or sentencing. 164Accordingly, the Syrian authorities should have tried these youths before specializedjuvenile courts.Almost two years prior to sentencing the three young Kurds, in June 2005, the SSSCsentenced another minor, Mus`ab al-Hariri, to six years in jail for belonging to the banned160 Trial notes by European diplomats, February 3, 2008 (on record with <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>).161 Convention on the <strong>Rights</strong> of the Child (CRC), adopted November 20, 1989, G.A. Res. 44/25, annex, 44 U.N. GAOR Supp. (No.49) at 167, U.N. Doc. A/44/49 (1989), entered into force September 2, 1990, ratified by Syria on July 15, 1993. Article 40(2) CRCcontains an important list of rights or guarantees that are meant to ensure that every child alleged as or accused of havinginfringed the penal law receives fair treatment and trial. While most of these guarantees can also be found in article 14 of theICCPR, the implementation of these guarantees for children does have specific aspects to take into account a child’s particularvulnerability.162 Law no. 18 of 1974, arts. 31 and 34.163 The SSSC found them guilty of “actions, speech, writings or other means to cut off part of Syrian land to join it to anothercountry” and of conspiring to commit terrorism.164 UN Committee on the <strong>Rights</strong> of the Child, General Comment No. 10, Children’s <strong>Rights</strong> in Juvenile <strong>Justice</strong>, paras. 21-22.<strong>Far</strong> <strong>From</strong> <strong>Justice</strong> 48
- Page 1 and 2: SyriaFar From JusticeSyria’s Supr
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- 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
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- 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
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- Page 40 and 41: eputation of the country,” conclu
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- 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 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•
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- 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-