The Committee considered at its 84th session the third periodic report of the Syrian Arab Republic on the implementation of the International Covenant on the Civil and Political Rights (ICCPR) by the State party. The recommendations issued by the Committee, composed of independent experts, take up the main concerns expressed by our organisations in the alternative reports which they submitted to the HRC at its session in July 2005 and again in the scope of the briefing meeting organised with the Committee on 15 July, 2005. Our organisations repeatedly highlighted widespread human rights violations in Syria (see http://www.omct.org/pdf/procedures/2005/s_violence_syria_0705_eng.pdf ; http://www.fidh.org/article.php3?id_article=2569 ) and stressed in particular the following issues which have been raised by the HRC.
In its concluding observations, the Committee notes with concern that the state of emergency has been in force in Syria for more than forty years « without any convincing explanations » and providing « for many derogations in law or practice from the rights guaranteed under the ICCPR ». In particular the Committee reiterates its concern regarding the procedures of the Supreme State Security Court (which was established as an exceptional court by decree pursuant to the state of emergency) because they are incompatible with article 14 of the ICCPR. The Committee recalls that the use of torture and ill-treatment which have been largely reported on, is among others, « facilitated by resort to prolonged incommunicado detention, especially in cases of concern to the Supreme State Security Court, and by the security or intelligence services ».
The UN body urges Syrian authorities to « stop the use of incommunicado detention and eradicate all forms of torture and cruel, inhuman or degrading treatment or punishment by law enforcement officials, and ensure prompt, thorough, and impartial investigations by an independent mechanism into all allegations of torture and ill-treatment, prosecute and punish perpetrators, and provide effective remedies and rehabilitation to the victims ».
The Committee also recommends that the State party conforms with article 6.2 of the ICCPR, and limits the death penalty sentences to the most serious crimes only.
Noting Lebanese and Syrian authorities’ agreement to establish a committee to further investigate the facts concerning disappearances of Syrian and Lebanese nationals in Syria and Lebanon, the Committee urges the Arab Republic of Syria to set up « an independent and credible commission of inquiry into all disappearances » in line with the recommendations which the Committee made in 2001.
The UN body is also seriously concerned about continuing fundamental liberties violations, namely the negation of the freedom of expression and opinion and the right to peaceful assembly. The situation of human rights defenders in Syria is specifically regarded by UN experts as deeply worrying. The Committee urges Syria to revise its legislations and ensure that all fundamental liberties are respected without any limitation, in conformity with the relevant articles of the ICCPR. The Committee particularly insists on the necessity to end all harassment of human rights defenders and to ensure that the Syrian law and practice allow human rights organisations to operate freely.
Discriminations against women and ethnic minorities are also stressed by the UN body as specific human rights issues to be resolved by the Syrian authorities. « The State party should review its laws in order to ensure equality between men and women (...), to eliminate any discrimination against women in the penal code (...) and take appropriate steps towards achieving a balanced representation of women in public life ». The Committee finally expresses its concern with regard to the discrimination against the Kurdish minority and urges the State party to ensure that it is effectively protected against discrimination, that its rights are respected, in particular the rights to enjoy its own culture and use its own language and « to remedy the situation of statelessness of Kurds in Syria ».
The CDF, the FIDH, Solida and the OMCT recall that the Syrian Arab Republic ratified the ICCPR in April 1969, so Syria has to conform with all provisions of this international human rights instrument and recommendations issued by the relevant UN treaty body which ensures their implementation. Our organisations urge the Syrian authorities to duly implement all recommendations issued by the HRC experts and disseminate them broadly in Syria.