Far From Justice - Human Rights Watch

VII. RecommendationsShort of disbanding the court there is no way to improve an institution whosevery existence is antithetical to human rights.—Western diplomat who monitors the Court 173To the Syrian GovernmentIn order to comply with its international human rights obligations, the Syrian governmentshould:With respect to the SSSC and individuals sentenced by it• Dissolve the court. Given the magnitude of the SSSC’s non-compliance withinternational human rights law, and its explicit role as an exceptional court centeredon the emergency law, the SSSC cannot be reformed.• Create an independent judicial commission to review the existing cases before theSSSC and order the release of defendants facing prosecution solely for their nonviolentexercise of freedom of expression or association. In cases where there isevidence that the defendant committed recognizable criminal offenses, the judicialcommission should transfer the cases to the regular criminal courts where thedefendants should be provided with a fair trial in accordance with internationalhuman rights standards.• Allow defendants serving a sentence imposed by the SSSC to appeal their convictionand sentence to the Criminal Court of Appeal. In reviewing such sentences, the Courtof Appeal should reject any evidence obtained by coercion and reverse sentencesunder penal code provisions used to criminalize free speech and free association.With respect to the continuing State of Emergency• Lift the state of emergency and repeal Syria’s Emergency Law. The continuedapplication of the Emergency Law since 1963 violates the International Covenant onCivil and Political Rights (ICCPR), to which Syria is a party. The Syrian governmenthas failed to show that the state of emergency is strictly necessary for its security.173 Human Rights Watch e-mail from Damascus-Based Western diplomat A.H., August 15, 2008.Far From Justice 52