Amnesty International 
Appeal Case – Syria
11 April 2007 AI INDEX: MDE 24/022/2007
Unfair trials and ill-treatment in detention of peaceful “Beirut-Damascus Declaration” petitioners
Arrested in May 2006 over their involvement in the Beirut-Damascus Declaration, a petition signed by some 300 Syrian and Lebanese nationals calling for the normalization of relations between their two countries, five Syrian signatories are now on trial in Damascus. Three of them remain detained; the two others are in hiding and are being tried in their absence. Conditions of detention have been poor, with all of the 10 who were initially arrested being subjected to incommunicado detention, and at least two of them suffering beatings. They are facing unfair trials and are not permitted to meet freely with their lawyers.
Of the 10 individuals arrested between 14-18 May 2006, the three still detained, at ‘Adra prison near Damascus, are human rights defender Anwar al-Bunni, writer Michel Kilo and former prisoner of conscience Mahmoud ‘Issa. All three are being tried before the Criminal Court: Anwar al-Bunni is charged with “spreading false information harmful to the state” (Article 286 of the Penal Code); both Michel Kilo and Mahmoud ‘Issa are charged with “weakening nationalist sentiments” (Article 285) and “inciting sectarian strife” (Article 307). Mahmoud ‘Issa is also charged with “exposing Syria to hostile acts” (Article 278). The Damascus Military Prosecutor issued a further charge against Michel Kilo and Mahmoud ‘Issa, namely “publishing a political article or giving a political speech with the aim of making propaganda for a political party, society, or a banned political association” (Article 150 of the Code of Military Procedures). Their next session before the Criminal Court will be 18 April 2007.
Anwar al-Bunni and Michel Kilo in particular have been kept in poor conditions during their detention, at times without adequate bedding or beds. As an apparent means to de-legitimise the peaceful pro-democracy work of the three men, they are being detained in ‘Adra prison with suspected and convicted common criminals, rather than with political prisoners.
Amnesty International considers the three men to be prisoners of conscience detained solely for the expression of their peaceful ideas and calls for them to be released immediately and for all charges against them and their two co-accused, Khalil Hussein and Suleiman al-Shummar, to be dropped unconditionally.
Anwar al-Bunni was to be the head of a European Union-funded human rights centre in Damascus that was closed down by the authorities shortly after opening in March 2006. For many years Anwar al-Bunni has taken up cases of prisoners of conscience and other political prisoners, and spoken out on human rights issues in the country. As an apparent consequence of this work to promote and protect human rights he has been subjected to various forms of harassment including being summoned to meetings with the security forces, facing disciplinary measures from the Damascus Bar Association, and being prevented from travel abroad.
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During this detention, on 31 December 2006 Anwar al-Bunni was assaulted by a criminal detainee, who pushed him down some stairs and then beat him on the head in the presence of prison guards, who failed to intervene. On 25 January 2007 prison guards severely beat him, made him crawl on all fours and forcibly shaved his head. Amnesty International has called for urgent intervention by the Syrian authorities to halt the abuses and punish those suspected of carrying them out. In addition, the Minister for Social Affairs and Labour has called for Anwar al-Bunni to be stripped of his citizenship. The verdict of the Criminal Court is expected to be announced on 24 April.
Michel Kilo, a prominent writer and a journalist who describes himself as a humanist, was the first to be arrested. Like Anwar al-Bunni, Michel Kilo has been detained continuously since his arrest. On 29 August 2006, Michel Kilo was prohibited from attending his mother's funeral, in contrast to the established practice in Syria of allowing prisoners to attend their parents' funerals. |
Mahmoud ‘Issa, aged 43, an English language teacher and translator, is a former prisoner of conscience who was detained between 1992 and 2000 for membership of the unauthorised Party for Communist Action (PCA). He had been released on bail with two others - Khalil Hussein and Suleiman al-Shummar - on 25 September 2006. However, Mahmoud ‘Issa was re-arrested on 23 October 2006. |
Khalil Hussein and Suleiman al-Shummar have gone into hiding since their release on bail on 25 September 2006, possibly as a result of Mahmoud ‘Issa being re-arrested, and are being tried in absentia, also before the Criminal Court. They too are charged with Articles 278, 285 and Article 307 of the Penal Code, as well as “slandering the head of state” (Article 376).
Suleiman al-Shummar
© Private
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Suleiman al-Shummar, aged 48, is a political writer, analyst and student and reportedly in need of a heart operation. |
Khalil Hussein, aged 54, an anaesthetist, is a former prisoner of conscience who was detained for 12 years for membership of the PCA and is now an active member of the unauthorised Kurdish Future Current. |
If found guilty, Anwar al-Bunni could be sentenced to at least three months’ imprisonment, Michel Kilo and Mahmoud ‘Issa to up to five years’ imprisonment, and Khalil Hussein and Suleiman al-Shummar to up to three years’ imprisonment.
Trials of possible political prisoners and prisoners of conscience in Syria, whether before the Criminal, Military, State Security of Field Military Courts, invariably fall short of international standards for fair trials. They lack independence, are widely perceived to be influenced by the security forces and the executive, and defendants have restricted access to their lawyers. Reports of torture and other forms of ill-treatment of detainees are almost never investigated by the courts, including when defendants claim that “confessions” they made were extracted under duress.
The Beirut-Damascus Declaration detainees continue to promote human rights from behind bars. In a public letter sent in March 2007 to the UN High Commissioner for Human Rights, Anwar al-Bunni expressed a wide-range of human rights concerns and demands in Syria in the name of the three of them, as well as of several other prisoners of conscience held in ‘Adra.
Background
As a result of local and international pressure following the February 2005 assassination of the former Lebanese Prime Minister Rafiq al-Hariri, in which senior Syrian and Lebanese intelligence and security service officers were implicated, Syrian military forces withdrew from Lebanon in April 2005 after a 30-year presence. Nonetheless, relations between the two countries remain tense. On 12 May 2006 the so called “Beirut-Damascus Declaration” was released, calling upon the Syrian and Lebanese governments to normalise their relations by exchanging ambassadors and defining their shared borders.
The other five who were arrested are Nidal Darwish, Mahmoud Mer’i, Safwan Tayfour and Ghaleb ‘Amr, all of whom were released on bail on 17 July 2006, and Muhammad Mahfouz who was also released on bail on 25 September 2006. The charges against these five individuals appear to have been dropped. In addition to the arrests, 17 state employees working in various Syrian government ministries were dismissed without explanation but apparently on account of their links to a petition, the Beirut-Damascus Declaration. (see Amnesty International, Syria: Dismissal of state employees for expressing opinions violates international human rights, MDE 24/045/2006, 21 June 2006:
http://web.amnesty.org/library/Index/ENGMDE240452006?open&of=ENG-SYR ).
Since the Beirut-Damascus Declaration petitioners’ arrests, Amnesty international has issued seven Urgent Actions appeals concerning their cases, two public statements (Syria: Another wave of arrests of human rights defenders and civil society activists, MDE 24/038/2006, 17 May 2006; and Syria: Beatings of PoCs must end, officials who have perpetrated or facilitated abuses must be prosecuted, MDE 24/008/2007, 15 February 2007) as well as one World Wide Appeal:
http://web.amnesty.org/library/Index/ENGMDE240382006?open&of=ENG-SYR
http://web.amnesty.org/library/Index/ENGMDE240082007?open&of=ENG-SYR
http://web.amnesty.org/appeals/index/syr-010207-wwa-eng .
How can you support them?
One of the ways in which you can support the Beirut-Damascus Declaration prisoners of conscience is by writing appeals in Arabic, English, French or your own language:
- calling on the Syrian authorities to release immediately and drop all charges against the five men (naming them), since they appear to be based solely on the men's peaceful exercise of their right to express their beliefs as granted by the International Covenant of Civil and Political Rights (ICCPR) to which Syria is a state party;
- expressing concern that none of the five men are being given a fair hearing before the Criminal Court, and reminding them that these defendants are entitled to a fair hearing in accordance with international standards for fair trial, including the right to a hearing by an “independent and impartial tribunal” in accordance with the ICCPR, to which Syria is a state party;
- expressing concern over reports of beatings and ill-treatment of the detainees and urging the authorities to investigate if any of the three men in custody are subjected to torture or other forms of ill-treatment, so as to comply with their obligations under the ICCPR and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to which Syria is also a state party;
- expressing concern that the three detained men are kept in cells with suspected or convicted criminal prisoners and reminding the authorities that they should take steps to ensure that prisoners of conscience and other political detainees are not held together with criminal prisoners, as per Article 8 of the UN’s Standard Minimum Rules for the Treatment of Prisoners states that “The different categories of prisoners shall be kept in separate institutions or parts of institutions”;
- urging the Syrian authorities to implement measures laid out in the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, which allow for “the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels".
APPEALS TO: (Fax numbers may be difficult to get through to; please keep trying)
President
His Excellency Bashar al-Assad
Presidential Palace
al-Rashid Street
Damascus, Syrian Arab Republic
Fax: + 963 11 332 3410
Salutation: Your Excellency
Minister of Defence
His Excellency General
Hassan Ali Turkmani
Ministry of Defence
Omayyad Square
Damascus, Syrian Arab Republic
Fax: +963 11 223 7842
Salutation: Your Excellency
Minister of Justice
His Excellency Muhammad al-Ghafari
Ministry of Justice
Al-Nasr Street
Damascus, Syrian Arab Republic
Fax: +963 11 666 2460
Salutation: Your Excellency
Minister of Foreign Affairs
His Excellency Walid Mu’allim
Ministry of Foreign Affairs
al-Rashid Street
Damascus, Syrian Arab Republic
Fax: + 963 11 332 7620
Salutation: Your Excellency
COPIES TO: diplomatic representatives of Syria accredited to your country. |