Committee against Torture begins examination of report of Syria

AFTERNOON

3 May 2010

The Committee against Torture this afternoon began its consideration of the initial report of Syria on the efforts of that country to give effect to the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Introducing the report, Najm Al Ahmad, Deputy Minister of Justice of Syria, noted that, in the past decade, Syria had realized great progress in promoting human rights and fundamental freedoms. Syria had joined all the fundamental human rights treaties, and regularly presented reports to the United Nations and its treaty body system, which proved its commitment to the implementation of those treaties. Syria had also sought to adapt its national legislation to ensure compatibility with those international instruments. That last such amendment was the legislative decree of 2010 on trafficking in persons, which took into account global developments and international standards. A bill had also been prepared on the prisons, based on the laws in the most advanced countries.

Faysal Khabbaz Hamoui, Permanent Representative of Syria to the United Nations Office at Geneva, continuing with the presentation, said that evidence of Syria's renewed and strengthened commitment to human rights was the recent agreement reached with the European Union, which had just been initialled, and which would not have been possible if not for the European Union's admiration and firm belief that the level of human rights in Syria was satisfactory. He hoped that the dialogue with the Committee would be a fruitful one and would meet their common objectives of redress for the victims of violations of human rights, and that exaggeration, politicization and misleading statements would be avoided.

Serving as Rapporteur for the report of Syria, Committee Expert Fernando Mariño Menendez was concerned that the state of emergency remained in force in Syria and that, under the applicable legal regime, the concept of a threat to national security was so broad that apparently almost anything could be covered by it. There were four intelligence agencies under the Ministry of the Interior, and they undertook activities that were not under the control of an independent judiciary. It was an area of unpoliced activity in Syria and, indeed, no cases had appeared before the courts in Syria against the military or intelligence personnel of the State. A legislative decree moreover established immunity from prosecution for their activities in carrying out their duties, including for acts of torture.

Nora Sveaass, the Committee Expert serving as Co-Rapporteur, asked for more details about monitoring carried out in places of detention, including whether visits could be carried out unannounced and whether independent bodies were allowed to make visits. The Committee had received long lists of persons reported to have died in custody in Syria and, in a number of cases, apparently the families had been denied the ability to examine the body of the deceased. Other concerns involved allegations of torture of children in custody, including using electric shocks; harassment of human rights defenders; and the widespread existence of incommunicado detention, arbitrary detention, and enforced disappearances.

Among specific concerns raised by other Committee Experts were the fate of prisoners following a 2008 riot in Sednaya Prison; the fact that rapists who married their victims were excused from criminal responsibility; the fate of 640 disappeared Lebanese, captured during Syria's presence in Lebanon; and a response to allegations made by the Damascus Centre for Human Rights of the brutal torture, including by electrical shocks, of eight young male students who had been first held incommunicado and then transferred to Sednaya Prison.

Also representing the delegation of Syria were representatives of the Ministry of Justice and members of the Permanent Mission in Geneva.

The delegation will return to the Committee at 3 p.m. on Tuesday, 4 May, to provide its responses to the questions raised today.

Syria is among the 146 States parties to the Convention and as such it must present periodic reports to the Committee on how it is implementing the provisions of the Convention.

When the Committee reconvenes at 10 a.m. on Tuesday, 4 May, it will begin its consideration of the third periodic report of Liechtenstein (CAT/C/LIE/3).

Report of Syria

The Syrian Constitution stipulates that no one may be subjected to physical or mental torture or degrading treatment and the law shall prescribe the penalties for those who commit such acts. The initial report of Syria (CAT/C/SYR/1), notes that, under the Basic Law of the State, all persons are guaranteed the right to: a fair trial; preservation of their dignity; protection from torture; respect for their wishes and beliefs; respect for the inviolability of their home; and protection from expulsion from the nation. Among other provisions set out in the criminal law sanctioning acts of torture or unlawful imprisonment, “anyone who batters a person with a degree of force that is not permitted by law in order to extract a confession to, or information about, an offence shall be subject to a penalty of from three months to three years in prison. If the assault causes an illness or an injury, the penalty shall be a minimum of one year’s imprisonment.”

Among directives regarding training of law enforcement officers, Circular No. 10 dated 26 December 2004, issued by the Minister for Internal Affairs, reaffirms the Constitution, which prohibits the use of physical or mental torture or degrading treatment and provides for the punishment of the perpetrators of such acts according to the law and other legal articles which criminalize the use of force and violence and prescribe severe penalties for any person who commits such acts. In the circular, members of the police are requested to hold meetings to: “familiarize themselves with the prohibitions on the use of violence against persons on remand and prisoners and to receive instructions on performing their duties in a responsible manner. Successful investigators can arrive at the desired result using proper scientific and technical methods to establish the facts of a case without needing to resort to illegal methods”. In addition, the Ministry of Social Affairs and Labour has established regulations and procedural rules for social welfare institutions and centres and the residential facilities which they run and oversee (such as juvenile offenders institutions and employment homes for vagrants), prohibiting the use of violence and torture against the residents of these institutions. Any staff member in such a facility who carries out an act that is prohibited under the Convention is liable to the penalties laid down in the Criminal Code, in addition to administrative and disciplinary sanctions which can include dismissal and termination of employment.

Presentation of Report

NAJM AL AHMAD, Deputy Minister of Justice of Syria, observed at the outset that the Government of Syria gave priority to the fight against torture and other cruel, inhuman or degrading treatment or punishment. In the past decade Syria had realized great progress in promoting human rights and fundamental freedoms. Syria had joined all the fundamental human rights treaties, and regularly presented reports to the United Nations and its treaty body system, which proved its commitment to the implementation of those treaties. Syria had also sought to adapt its national legislation to ensure compatibility with those international instruments. That last such amendment was the legislative decree of 2010 on trafficking in persons, which took into account global developments and international standards. A bill had also been prepared on the prisons, based on the laws in the most advanced countries.

Also there had been a deepening of a culture of human rights in the country, Mr. Al Ahmad underscored. That was evident not just in the mass media, but in school curricula; at all levels from primary school to graduate levels a human rights element was present. Moreover, trainings for police officers on the respect and promotion of human rights and the rights of prisoners were undertaken each year by international experts both inside of and outside of the country.

Mr. Al Ahmad highlighted the suffering, oppression, torture and inhuman and degrading treatment that was the daily lot of the Syrian nationals in the occupied territory of the Syrian Arab Golan. In that connection, the cooperation of the international community was needed to ensure that right prevailed to guarantee the rule of law, the preservation of rights and public freedoms and to achieve redress for torture victims and to prevent acts of torture. Syria looked forward to the day when humankind no longer suffered all over the world, and hoped to continue in its march towards the well-being of mankind and justice for all.

FAYSAL KHABBAZ HAMOUI, Permanent Representative of Syria to the United Nations Office at Geneva, continuing with the presentation, said that evidence of Syria's renewed and strengthened commitment to human rights was the recent agreement reached with the European Union, which had just been initialled, and which would not have been possible if not for the European Union's admiration and firm belief that the level of human rights in Syria was satisfactory. It was hoped that that agreement would be signed during the Spanish Presidency of the European Union, within the next two months. He hoped that the dialogue with the Committee would be a fruitful one and would meet their common objectives of redress for the victims of violations of human rights, and that exaggeration, politicization and misleading statements would be avoided.

Questions Raised by Committee Experts

FERNANDO MARIÑO MENENDEZ, the Committee Expert serving as Rapporteur for the Report of Syria, observed that the Syrian legal order did not fully incorporate the notion of torture as set out in the Convention; certain elements appeared to be missing. The most precise definition in Syrian law referred to "unlawful acts of violence" – which could range from punching someone to detaining a person in solitary confinement. Furthermore, it did not contemplate the existence of discrimination, which was specifically mentioned in the Convention, and the maximum penalty set out for such acts was three years imprisonment, which was not commensurate with the seriousness of the crime of torture.

Another issue was a lack of clarity in the hierarchy of priority in Syrian law. A law enacted prior to the signing of a treaty was superseded by that treaty. Did that mean, conversely, that laws enacted subsequent to the ratification of a treaty had priority over the treaty, Mr. Mariño Menendez asked?

Mr. Mariño Menendez was further concerned at the fact that, the state of emergency remained in force in Syria. Under the applicable legal regime, the concept of a threat to national security was so broad that apparently almost anything could be covered by it. According to statistics, about 180 individuals had been placed in pre-trial detention by military personnel, and those detentions extended indefinitely. There were four intelligence agencies under the Ministry of the Interior, including intelligence bodies of the military services, and they undertook activities that were not under the control of an independent judiciary. It was an area of unpoliced activity in Syria. The normal judges rarely intervened in these areas and it appeared that complaints lodged against such personnel rarely gave rise to investigations.

Indeed, no cases had appeared before the courts in Syria against the military or intelligence personnel of the State. A legislative decree moreover established immunity from prosecution for their activities in carrying out their duties, including for acts of torture. Mr. Mariño Menendez specifically cited a case of the detainee being held by the military intelligence authorities who had died on 30 May 2005. To date, it appeared that no investigation into that case had been undertaken.

A further concern was that, when cases of torture appeared, they were assessed under administrative rules and did not give rise to criminal prosecutions.

With respect to the Supreme State Security Court, there was little information about the independence of that judicial instance. In that regard, Mr. Mariño Menendez had a number of questions about the independence of the judiciary in general in Syria, starting with the Supreme Court, whose members were appointed by the President.

Mr. Mariño Menendez was further concerned about the fate of detained Lebanese nationals, and whether they had been released following Syria's withdrawal from Lebanon, as well as the situation of the Kurdish minority in the country. In 2009, there had been 16 deaths among the Kurdish nationals performing their national services, and in 2010 similar deaths had been recorded.

Other reports before the Committee alleged a number of cases of harassment of and violence against human rights defenders and lawyers. The Cairo Institute, among others, had highlighted this issue, noting that such harassment was carried out under the guise of protecting State security.

Mr. Mariño Menendez noted that, in February 2010, an amnesty had been granted by the President to a number of persons including those guilty of torture, and that, given the national backgrounds of those released, that amnesty appeared to have been discriminatory.

Other concerns included a lack of information on incommunicado detentions; a very high number – 17,000 – complaints regarding disappearances and a lack of investigations into those cases; and a lack of statistics in the report on expulsions or repatriations. Mr. Mariño Menendez was in particular concerned about the fate of various refugee groups that appeared to be summarily expelled from the country, including Kurds and a group of 111 Iraqis described as refugees who had been returned to Iraq.

NORA SVEAASS, the Committee Expert serving as Co-Rapporteur for the Report of Syria, asked whether, given that Syrian law did not define the crime of torture, the Convention had ever been invoked in Syrian courts as the basis of a judgement. A number of cases brought for crimes of torture were summarized in the report, but, while some of them gave rise to dismissals and sentences of "hard labour", the duration of those sentences was never mentioned. Could the delegation provide more precise details? It was noted that, for cases mentioning military officials, only disciplinary sanctions had been meted out.

Ms. Sveaass also asked for more details about monitoring carried out in places of detention, including whether visits could be carried out unannounced, whether independent bodies such as non-governmental organizations were allowed to make visits and whether there was a plan to set up a national human rights institution that complied with the Paris Principles.

A number of allegations of torture, including seven cases resulting in death, had been brought by Kurdish non-governmental organizations. Indeed, the Committee had received long lists of persons reported to have died in custody in Syria, and Ms. Sveaass asked about a number of individual cases and the status of the individuals involved, including those of Muhammad al Shawa who died in custody in August 2008 and Abdullah Elias al-Beitar who died in October 2008. In the case of Mr. al Shawa, and many others, apparently the families had been denied the ability to examine the body of the deceased. Could the delegation confirm that no autopsy was denied in such cases?

Other particular concerns Ms. Sveaass wished to raise were that of 20 Kurdish children, aged between 14 and 16 years old, who had been beaten and subject to electric shocks while detained, as well as the case of 12 minors arrested and tortured in custody between April 2004 and December 2004, and who were later released and charges dropped. Had any investigations been undertaken into those cases?

Ms. Sveaass also echoed a number of the Rapporteur's concerns regarding harassment of human rights defenders; the widespread existence of incommunicado detention, arbitrary detention, and enforced disappearances; and the fact that certain groups, in particular the security forces, enjoyed immunity. With regard to the latter, what regulations were in place for security and intelligence agencies, and was there any regulation preventing them from invoking superior orders as a defence to a charge of torture or from claiming protection from such a claim owing to the state of emergency and national security concerns?

Finally, Ms. Sveaass asked about the high rate of suicides by persons of Kurdish background while undertaking their military service.

In further questions and concerns raised by Committee Experts, it was highlighted that, nine years ago, the Human Rights Committee had asked Syria about allegations that the State Security Court had rejected prosecutions of torture complaints even in flagrant cases. To date, no answer other than a flat denial had been received from the Government to those allegations.

An Expert asked about a total information blackout following the quashing of a riot in Sednaya Prison in 2008. She asked about the fate of the prisoners following that riot, and what investigations had been undertaken. She was further concerned about the low penalties set out in the summaries of torture prosecutions contained in the report, including a case of a district police chief and two men who had been convicted of torture and false imprisonment and only received the sanction of dismissal and two cases in which acts of torture had led to deaths, but the length of the prison sentences handed down was not included.

Among further concerns raised by Experts were the fact that rapists who married their victims were excused from criminal responsibility; the fate of 640 disappeared Lebanese, captured during Syria's presence in Lebanon; the estimated 5,000 people massacred in 1982 in Hama, Lebanon, and whether an investigation would be undertaken into that incident; and a response to allegations made by the Damascus Centre for Human Rights of the brutal torture, including by electrical shocks, of eight young male students who had been first held incommunicado and then transferred to Sednaya Prison.

An Expert noted that the United Nations Special Rapporteur against torture had so far made two requests to visit Syria, but had not received an invitation to do so to date. An Expert was concerned that, as set out in the report, cases of torture were "time-barred from prosecution under the Code of Criminal Procedures and the general Criminal Code" in Syria. Torture was among the types of serious crimes that should not be subject to the statute of limitations in international law.

An Expert was extremely concerned about the low penalties for torture. In that connection, he asked for some context so that the Committee could compare the seriousness of sanctions in Syria. What was the penalty for stealing in Syria? What was the penalty for refusing to undertake one's military service?

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