Far From Justice - Human Rights Watch

V. Monitoring of the SSSC by the Diplomatic CommunityWestern diplomats gained access to the SSSC in 2004. A European diplomat explained toHuman Rights Watch, “The Syrian authorities never formally permitted our presence. Atsome point they just started to tolerate it.” 166 It is unclear what prompted the Syrianauthorities to provide this access. One theory is that it was a way to provide legitimacy to theSSSC by showing a degree of transparency, while some Syrian human rights activists andwestern diplomats think that the Syrian government allowed Westerners in “to show that it isfighting terrorism as most defendants are accused of being Islamic extremists and wantingto join the insurgency in Iraq.” 167The diplomats monitor the proceedings. They do not make any observations or interventionsduring the trial. They coordinate amongst themselves to make sure at least one person fromthe diplomatic community attends each trial session. 168 The job of coordination usually fallsto the State that occupies the EU presidency.The diplomats share the information gathered with their capitals. In general, this is the onlyuse of the information. In some rare cases, the international community undertakesdemarches on behalf of specific individuals. One experienced diplomat in Damascus toldHuman Rights Watch that the Europeans made demarches for “Nizar Rastanawi, the group ofseven young men, and Aktham Nu`aissa.” 169 Of these, only the intervention with respect tothe trial of the human rights defender Aktham Nu`aissa may have had an impact, as theSSSC dropped the charges against him on June 26, 2005.Overall, the impact of the diplomats’ presence has been limited. One of the diplomats toldHuman Rights Watch, “diplomatic presence helps keep the worst extremes happeningbefore us. It is possible that it has a small moderating effect.” 170 A Syrian lawyer echoed thissentiment: “the diplomatic presence plays a small role in reducing the court’s harshtreatment towards detainees and their families during the trials.” 171166 Human Rights Watch e-mail from Damascus-based Western Diplomat B.B., August 14, 2008.167 Human Rights Watch e-mail from Damascus-based Western Diplomat A.H., August 15, 2008.168 Human Rights Watch e-mail from Damascus-based Western Diplomat B.B., August 14, 2008.169 Human Rights Watch e-mail from Damascus-based Western Diplomat N.R., August 28, 2008.170 Human Rights Watch interview with Damascus-based Western diplomat C.D., Beirut, April 14, 2008.171 Human Rights Watch e-mail from Syrian lawyer S. A., September 12, 2008.Far From Justice 50