SHRC  Syrian Jurisdiction was considered among the best Jurisdiction institutions in the world, with regard to the level of judges and their knowledge on one hand, and their impartial application of law regardless of the position held by the defendant on the other. However, the successive military coups d'etat recurred in Syria discharged eventually a unilateral rule and a single party domination. This was followed by desperate attempts to maintain power. Masses who demanded their political rights and termination of all violations against rights of expression and thought were harshly repressed. As a pretext to prevent recurrence of such demands, the ruling party issued a number of repressive laws to crush legally the frequent popular uprisings. Such laws undermined the Syrian jurisdiction, diminished its authorities and stripped it out of its impartiality.
Articles of the latest Syrian Constitution (31/3/1977) kept the independence, reverence and power of jurisdiction authority. Instead of abolishing all articles contravene with its provisions, a strange and contradictory insertion was made.
Article 131 of the valid Syrian constitution confirmed the independence of Jurisdiction authority. Article 133 stated that Judges are independent, and that they are only bound by the Law. They are only appointed by juridical and executive institutions through Supreme Jurisdiction Council chaired by the president of the republic. The state council looks into the administrative and jurisprudence provisions of governmental sections whose resolutions are committed to the government. It has also a consultative manner, therefore it has several departments, and each is specialised in one ministry's affairs (article: 138). The supreme constitutional court looks into and decides the legality of provisions issued by the people's council or the president of the republic if 1/4 of the people's council members or the president of the republic object to their constitutionality.
These marvellous constitutional principles included in the Syrian Constitution were frozen by article 153, which stated that "legislation valid prior to the issuance of this constitution will stay in force until modified according to its provisions."
Twenty-three years have elapsed since the latest constitution was issued, however no law related to general liberties and jurisdiction independence contradictory to the provision of the constitution has been amended. All legislation valid prior to the issuance of this constitution have been protected by article 153, by which all constitutional articles related to jurisdiction were frozen. These laws are:
1- State of Emergency:
State of emergency was declared in Syria pursuant to the Military statement No. 2 dated 8/3/1963. According to this law, the martial law governor and his deputy may issue written orders for the placing of restrictions on freedom of individuals with respect to meetings, residence, travel and passage, arresting any of these individuals, delegation of any person to perform these tasks, monitoring newspapers and newsletters and all means of mass media before publication, confiscating them, abolishing, and stating penalties imposed on those who break such orders.
2- State Supreme Security Courts:
Pursuant to the statute No. 47 dated 28/3/1968 the State Supreme Security Court was established. The first article stated that" these courts practise their duties by an order from the martial law governor" item 'a' of article 7 stated that" state security courts are not bound by prevailing procedures defined in the valid legislation throughout the courses of chase, interrogation and trial". As this court is not committed to public trials as stated in the prevailing and procedural laws, most trials are held secretly and their resolution are irreversible however they should be endorsed by the president of the republic who is the only one to pass or abolish and reduce their sentences. Later the martial law governor or his deputy was given the right to endorse sentences of these courts including death penalties.
3- Martial Field Courts:
These courts were established according to statute No. 109 dated 7/8/1968. The first article stated that a court or more called "Military Field Court" looks into crimes committed during time of war, or during military operations that the minister of defence decides to refer to them. The validity of these courts starts as from 5/6/1967, and death penalties should be endorsed by the president of the republic. Other sentences may be endorsed by the minister of defence. Later a statute giving the minister of defence the right to endorse death sentences was issued. Article 2 said that: One- Time of war is the period when military clashes take place between the Syrian Arab Republic and the enemy; its beginning and end will be defined by a resolution. Two- Military operations are actions and movement carried out by the army or some of its units at the time of war, or when an armed struggle with the enemy occurs.
From the practical point of view, field martial courts have exceeded all laws that define their specialisation. They looked into cases outside their field as defined clearly in article 1 & 2 of statute No. 109/1968. They practised a serious role in repressing the Syrian people, held courts in Jessr-el-Shoughoor, Edlib, Hama and Tadmur (Palmyra) prison. Consequently, they issued sentences of collective executions of citizens which were carried out instantly before being attested by the president of the republic or the minister of defence. Jurisdiction authority in Syria is not permitted to supervise the judgement of the state supreme courts or field martial courts, therefore it has lost the basis to reinstate justice and protect human rights against any violation. According to article 153, the Syrian constitution extends legal protection to these exceptional courts from the formal and procedural points of view, but this article failed to protect the 'objective controversy' with articles of the two international conventions on human rights endorsed by the Syrian government, and consequently they have become a part of the Syrian legislation.
Therefore, all executions carried out against civilians pursuant to the aforesaid courts' judgement are considered crimes because they lack the objective legitimacy, which should prevail in all practises of authorities.
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