Enforced disappearance of Mr. Haitham Al-Maleh - SYR 005 / 1009 / OBS 149

15/10/2009
Urgent Appeal

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), requests your urgent intervention on the following situation in the Syrian Arab Republic.

Background information:

The Observatory has been informed by reliable sources of the enforced disappearance of Mr. Haitham Al-Maleh, a prominent human rights lawyer, founding member and ex-director of the Human Rights Association in Syria (HRAS).

According to the information received, Mr. Haitham Al-Maleh was last heard from on October 14, 2009 at 12.30 pm. Since then, no further information could be obtained on Mr. Haitham Al-Maleh’s whereabouts.

On October 13, 2009, Mr. Haitham Al-Maleh had been summoned by the Head of the Department of Political Parties and Associations within the political security services, but he had refused to present himself.

Mr. Haitham Al-Maleh is one of the lawyers currently defending the prominent human rights lawyer Mr. Mohanad Al-Hassani [1].

The Observatory is deeply concerned by Mr. Haitham Al-Maleh’s enforced disappearance and fears for his physical and psychological integrity. The Observatory therefore calls upon the Syrian authorities to take prompt action in order to disclose the whereabouts of Mr. Haitham Al-Maleh and release him immediately as his enforced disappearance seems to merely aim at sanctioning his human rights activities.

Actions requested:

Please write to the Syrian authorities, urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Mr. Haitham Al-Maleh;

ii. Take prompt action in order to disclose the whereabouts of Mr. Haitham Al-Maleh and release him, as it seems to merely aim at sanctioning his human rights activities;

iii. Order an immediate, thorough, effective and impartial investigation into the above-mentioned facts, the result of which must be made public, 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;

iv. Put an end to any kind of harassment against all human rights defenders in Syria;

v. 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";

vi. 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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