Far From Justice - Human Rights Watch

With respect to the legal system• Decriminalize peaceful political activity in Syria by revising the vague and overbroadstatutes in the penal code that are used to prosecute individuals for the peacefulexercise of the right to freedom association.• Amend or abolish the vague security provisions under the Syrian Penal Code thatpermit the authorities to arbitrarily suppress and punish individuals for peacefulpolitical expression, in breach of its international legal obligations, on grounds that“national security” is being endangered, including the following provisions:o Article 278 (undertaking “acts, writings, or speech unauthorized by thegovernment that expose Syria to the danger of belligerent acts or that disruptSyria’s ties to foreign states”);o Article 285 (“issuing calls that weaken national sentiment or awaken racial orsectarian tensions while Syria is at war or is expecting a war”);o Article 286 (spreading “false or exaggerated information that weakennational sentiment while Syria is at war or is expecting a war”);o Article 307 (undertaking “acts, writings or speech that incite sectarian, racialor religious strife.”)• Define broad terms such as “national sentiment” and “incitement to sectarian, racialor religious strife” in narrow terms that do not violate internationally guaranteedrights of free expression, association and assembly;• Excise from the Penal Code provisions that criminalize “insults” against governmentleaders, including Article 376 (which imposes a sentence from one to three yearsagainst anyone who insults the President).• Ensure that confessions obtained by coercion or under torture are inadmissible in allcriminal proceedingsWith respect to practices by the security agencies• Order the security services to stop (i) the arbitrary arrest of individuals, (ii) thepractice of incommunicado detention and (iii) the ill-treatment and torture ofdetainees under interrogation.• Create mechanisms and guidelines to ensure access of lawyers and family membersto detainees promptly after arrest.• Investigate allegations of torture and hold those who have committed torture andthose who have ordered it accountable, including through prosecutions.53 Human Rights Watch February 2009