The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in Syria.
According to the information received, on February 22, 2010 started a new trial against Mr. Haytham Al-Maleh before the Military Court in Damascus in presence of Mr. Al-Maleh and his lawyers. This new case follows allegations made by a detainee according to whom Mr. Al-Maleh would have criticised the Syrian President and the administration in detention. During the hearing, Mr. Al-Maleh’s lawyers were not allowed to speak with their client neither before the Court to proceed to their argumentation. As to Mr. Al-Maleh, he was allowed to speak but was hardly audible. Mr. Al-Maleh appeared very weak and diminished during the hearing. The next hearing was scheduled on February 28, 2010.
The Observatory recalls that Mr. Al-Maleh is a 79 years old man who suffers from hyperthyroidism and diabetes, and therefore requires daily special medical care. However, it was reported that Mr. Al-Maleh, currently detained in Adra prison, has been denied access to his medication since February 18, 2010. This lack of appropriate medical care and his poor conditions of detention caused a serious deterioration of his health condition. In addition, the Observatory highlights that since the date of his arrest, Mr. Al-Maleh has been submitted to conditions of interrogation and detention amounting to ill-treatment.
The Observatory is deeply concerned about Mr. Al-Maleh’s health and therefore urges the Syrian authorities to immediately allow him to have access to his medication, release him immediately and transfer him to adequate health facilities in order to receive all the appropriate medical care he needs.
Moreover, the Observatory recalls that another human rights lawyer, Mr. Muhannad Al-Hassani, President of the Syrian Organisation for Human Rights “Sawasiya” and Commissioner of the International Commission of Jurists (ICJ), was arrested on July 28, 2009 and is also facing criminal prosecution (See background information). At the time of his arrest, Mr. Al-Maleh had been defending Mr. Muhannad Al-Hassani.
The Observatory denounces the judicial harassment faced by Messrs. Al-Maleh and Al-Hassani as well as their ongoing arbitrary detention, which seem to merely aim at sanctioning their human rights activities, and urges the Syrian authorities to put an end to their ongoing detention and judicial harassment.
Background information:
Mr. Haytham Al-Maleh was arrested on October 14, 2009. On November 3, the Military General Prosecutor informed him he was charged with “conveying within Syria false news that could debilitate the morale of the nation” and “insulting the judiciary”, pursuant to Articles 286 and 378 of the Syrian Penal Code, under which he faces 15 years’ imprisonment. His lawyers appealed this decision. On January 31, 2010, the Head of the Military Chamber of the Court of Appeal of Damascus rejected the appeal. His trial will be scheduled in the coming days.
It is believed that Mr. Haytham Al Maleh’s detention and the charges against him are linked to a phone interview that he gave to Baradda TV, a satellite channel based in Europe which opposes the Syrian authorities. In the interview, recorded in September 2009, Mr. Al Maleh discussed human rights and democracy in Syria. The judicial harassment against him could also stem from his leading participation in the defence of Mr. Muhannad Al Hassani.
On July 19, 2009, after observing a trial before the State Security Court, a clerk, acting on orders from the Chief Prosecutor, seized and destroyed Mr. Muhannad Al-Hassani’s notes from the proceedings. The following day, Mr. Al-Hassani received a phone call from Syrian intelligence officials instructing him to report to their facility for questioning.
On July 28, 2009, Mr. Al-Hassani was arrested after multiple questioning sessions on July 26 and 27. The reported ground for the arrest was that he had allegedly reported on and publicised the trial observations that he carried out before the Sate Security Court. An investigating judge charged him, under Article 286 of the Syrian Penal Code, with "weakening national sentiments" and "spreading false news".
Prior to his arrest, Mr. Al-Hassani had come under increasing pressure as a result of carrying out his lawful professional functions. In particular, he has been subjected to a travel ban during the last five years, which has prevented him from representing the ICJ or participating in ICJ activities on different occasions. His office, telephone communications and e-mails have also been under constant surveillance by Syrian security forces.
On October 28, 2009, the criminal investigation was closed and the investigating magistrate referred Mr. Al-Hassani before the Damascus Criminal Court under the charges of “declarations aimed at weakening patriotic feelings or encouraging sectarian or ethnical division when the country is on war or expecting a war”, spreading “false or exaggerated statements aimed at weakening the nation” (Articles 285 and 286 of the Syrian Penal Code) and “ dissemination of false or exaggerated information abroad, and which undermines the prestige of the state or its financial state” (Article 287). His lawyers appealed the referral.
Moreover, on November 10, 2009, the Disciplinary Board of the Bar Association of Damascus ordered the disbarment of Mr. Al-Hassani, on the ground that he would be “the President of an unauthorised organisation”. Mr. Al-Hassani’s lawyers appealed this ruling on December 10, 2009. As of the date of this urgent appeal, the Bar Association of Damascus had not issued any decision in this regard[1].
On February 8, 2010, the Court of Appeal confirmed the referral of Mr. Al-Hassani for the above-mentioned charges. On February 18, 2010, at 3 pm., the first hearing of the appeal filed by Mr. Al-Hassani’s lawyers before the Criminal Court of Damascus was held in camera, in presence of Mr. Al-Hassani and his lawyers. During the hearing, the Head of the Criminal Court read the indictment act and the defendant was able to deny the charges, on the basis that they were unfounded. Towards the end of the hearing, Mr. Al-Hassani was pulled violently by a police officer to prevent him from talking with his lawyers. The hearing for the examination of the case on the merits will be held in the days to come. Mr. Al-Hassani faces a sentence of up to 15 years of imprisonment.
Actions requested:
Please write to the Syrian authorities authorities, urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Messrs. Haytham Al-Maleh and Muhannad Al-Hassani;
ii. Ensure that Mr. Haytham Al-Maleh be immediately granted all necessary medical treatment and provide decent conditions of detention to Messrs. Haytham Al-Maleh and Muhannad Al-Hassani;
iii. Release Messrs. Haytham Al-Maleh and Muhannad Al-Hassani immediately and unconditionally since their detention is arbitrary as it only aims at sanctioning their human rights activities;
iv. Order a thorough and impartial investigation into the above-mentioned acts of ill-treatment against Mr. Haytham Al-Maleh in order to identify all those responsible, bring them before a civil competent and impartial tribunal and apply to them the penal sanctions provided by the law;
v. Put an end to any acts of harassment, including at the judicial level, against Messrs. Haytham El-Maleh and Muhannad Al-Hassani and more generally against all human rights defenders in Syria;
vi. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its Article 1, which states that “everyone has 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”, and Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
vii. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by the Syrian Arab Republic.
Addresses :
· President, His Excellency Bashar al-Assad, Presidential Palace, al Rashid Street, Damascus, Syria Arab Republic, Fax: +963 11 332 3410
· Minister of Defence, His Excellency General, Hassan Ali Turkmani, Ministry of Defence, O mayyad Square, Damascus, Syrian Arab Republic, Fax: +963 11 223 7842
· Minister of Justice, His Excellency Mr. Ahmad Hamod Younes, Mazeh “Otstrad”, Damascus, Syrian Arab Republic, Fax: +963 11 666 2460
· Minister of Foreign Affairs, His Excellency Wallid Mu’allim, Ministry of Foreign Affairs, al-Rashid Street, Damascus, Syrian Arab Republic, Fax: +963 11 332 7620
· Ambassador Faysal Khabbaz Hamoui, Permanent Mission of the Syrian Arab Republic to UN in Geneva, 72 rue de Lausanne, 1202 Geneva, Switzerland, Fax: +41 22 738 42 75, Email: mission.syria@ties.itu.in
· Embassy the Syrian Arab Republic in Brussels, 1 avenue F.D. Roosevelt, 1050 Brussels, Belgium, Tel: +32 2 554 19 22; Fax: +32 2 648 14 85
Please also write to the diplomatic mission or embassy of the Syrian Arabic Republic in your respective country.
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Paris-Geneva, February 24, 2010
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