Experts of the Human Rights Committee Welcome Syria’s Cooperation with the United Nations Refugee Agency, Raise Questions on the Treatment of Kurdish Communities and Cases of Enforced Disappearances
The Human Rights Committee today concluded its consideration of the fourth periodic report of the Syrian Arab Republic on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts welcoming the State party’s cooperation with the Office of the United Nations High Commissioner for Refugees, while asking questions about the treatment of Kurdish communities and the high number of cases of enforced disappearance in the country.
A Committee Expert said the Committee welcomed the cooperation between the State party and the Office of the United Nations High Commissioner for Refugees.
Another Expert said the Committee had received information about violence against communities of Kurdish origin, frequent and ongoing detentions and ill treatment to extract confessions, in addition to forced marriages and sexual violence. Could more information be provided on the current status of persons belonging to the Kurdish and Yazidi communities? Did the State party intend to take measures to treat them equally and ensure their integration?
One Expert said since the start of the conflict, there were between 100,000 to 120,000 disappeared persons. Around 85 per cent of these were attributable to Government forces. Did the State plan to criminalise enforced disappearances as such? Was the State considering working with the independent mechanism on enforced disappearances in Syria? Did the State intend to create a national register for disappeared persons?
The delegation said that by the end of 2015, Kurdish militia and separatists supported by the United States were in the north-east of Syria. They exploited the repercussions of the terrorist war and had been taking control of natural resources, including wheat and oil. These groups had imposed their own educational programme, based on ethnic considerations specific to their Kurdish ethnicity. This had had a harmful impact on the education process, with lessons being conducted in Kurdish while the majority of the population in that area was Arab.
The delegation also said that Syrian law defined the crime of deprivation of liberty as similar to the crime of enforced disappearances. The sentence for this crime was between three to 15 years if disappearance exceeded a month. The punishment for abduction was now more stringent, resulting in life imprisonment, and even execution if it led to death, sexual assault or handicap. This had been done to mitigate these kinds of crimes. The Penal Code punished any case of arrest or imprisonment if it was not stipulated by law or did not follow a legal order.
Introducing the report, Haydar Ali Ahmad, Permanent Representative of the Syrian Arab Republic to the United Nations Office at Geneva and head of delegation, said since 2011, the Syrian Arab Republic had faced persistent attempts by a group of countries to target the State, destabilise it, and undermine the rights of its people, using military, political, media and economic means. This was accompanied by the direct aggression of the so-called international coalition that was formed and led illegally by the United States, in addition to the Israeli occupation of the Syrian Arab Golan and its continued attacks against Syria, as well as the associated targeting of civilian facilities and infrastructure. Syria was exerting all efforts to address the repercussions of war and aggression and ensure the sovereignty and independence of the country. Despite the gravity of these challenges, Syria was committed to the provisions of the International Covenant on Civil and Political Rights, working to address challenges in its implementation and guarantee the rights and freedoms recognised in the instrument.
In concluding remarks, Mr. Ahmad thanked the Committee for the opportunity to hold a constructive dialogue on the Covenant. Some of the questions had been based on false and unfounded reports, propagated by well-known sources for political ends, to denigrate the efforts of the Syrian Arab Republic. Mr. Ahmad hoped the Committee would not believe every piece of information received and maintain an objective and impartial position. Ending unilateral coercive measures was essential to achieving human rights in the country, as was ending occupation and illegal presence on State territory.
In her concluding remarks, Tania María Abdo Rocholl, Committee Chairperson, thanked everyone who had participated in the dialogue. The Committee had discussed many different issues relating to the rights enshrined in the Covenant. The Committee was committed to ensuring that the highest level of civil and political rights was being achieved in the Syrian Arab Republic.
The delegation of Syria was made up of representatives of the Ministry of Foreign Affairs and Expatriates; the Ministry of Justice; the Ministry of Interior; the Ministry of Higher Education and Scientific Research; the Ministry of Local Administration and Environment; the Ministry of Social Affairs and Labour; the Planning and International Cooperation Commission; and the Permanent Mission of Syria to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and forty-first session is being held from 4 to 28 March 2024. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. on Monday, July 15, to begin its consideration of the fourth periodic report of India (CCPR/C/IND/4).
Report
The Committee has before it the fourth periodic report of the Syrian Arab Republic (CCPR/C/SYR/4)
Presentation of Report
HAYDAR ALI AHMAD, Permanent Representative of the Syrian Arab Republic to the United Nations Office at Geneva and head of delegation, said since 2011, the Syrian Arab Republic had faced persistent attempts by a group of countries to target the State, destabilise it, and undermine the rights of its people, using military, political, media and economic means. Syria faced a war whose tools were terrorist armed groups, to which other countries provided financial, logistical, and media support. Terrorism had grave impacts on the full enjoyment of all human rights and fundamental freedoms, most notably the right to life. It also threatened the territorial integrity and security of States, the stability of governments, and the rule of law.
This was accompanied by the direct aggression of the so-called international coalition that was formed and led illegally by the United States, in addition to the Israeli occupation of the Syrian Arab Golan and its continued attacks against Syria, as well as the associated targeting of civilian facilities and infrastructure. Under its national duty, Syria confronted this terrorist war on several fronts and worked to restore security and stability to Syrian territories. Syria was exerting all efforts to address the repercussions of war and aggression and ensure the sovereignty and independence of the country.
Despite the gravity of these challenges, Syria was committed to the provisions of the International Covenant on Civil and Political Rights, working to address challenges in its implementation and guarantee the rights and freedoms recognised in the instrument. The period covered by the report witnessed major legislative and institutional changes, the most prominent of which was the adoption of the 2012 Constitution. The constitutional elections were organised on time, and appropriate measures were taken to ensure participation inside and outside the country.
Syria had strengthened the general framework for the protection of the rights enshrined in the Covenant by reviewing and updating the legislative and institutional frameworks. Some institutions were reshaped, and their competences were revised, including the Supreme Constitutional Court. This involved the issuance of more than 20 amnesty decrees during the period between 2011 and 2023, from which a large number of detainees, convicts and fugitives benefited. This reflected the Syrian State’s keenness to stop the violence, and to commit to a political solution. The State was amending a number of laws aimed at ensuring equality between men and women in issues related to personal status, eliminating any discrimination against women in the Penal Code, and providing all opportunities to allow them to contribute effectively to political, economic, social and cultural life.
One of the most prominent challenges today was the decline of the rule of law at the international level, and the persistent efforts by some countries to impose their economic and political systems and social values on other countries. Some countries, through mechanisms established under the title of human rights, had continued to spread allegations to hide their destructive practices against Syria. The primary responsibility for human rights lay with the State concerned, and these efforts must be supported through international dialogue and cooperation, based on respect for international law. Syria hoped to engage in an objective, impartial and constructive dialogue with the members of the Committee.
Questions by Committee Experts
A Committee Expert said the Committee recognised that the Syrian society had been deeply stricken since the armed conflict in 2011 and more recently by the earthquake in 2023. The Committee was grateful to the State party for undertaking the dialogue. The Committee wished to hold a dialogue with the State on the basis of reliable and non-biased information. The Committee was not a tribunal or court but was here to discuss and understand how the Covenant was applied in the State party. The Committee was also aware that unilateral coercive measures applied against Syria seriously affected the population. The Covenant continued to apply in these times of instability. The Committee had prepared for the dialogue keeping the specific and difficult context of the country in mind.
Given the information on the grave and systematic violations committed on Syrian territory, what concrete steps had been taken by the State to implement a transitional justice mechanism, with its fundamental pillars of justice, reparation, truth, guarantees of non-repetition and other aspects such as memorialisation? In April 2023, United Nations Special Procedures asked Syria about the tadamon military operation which saw the execution of 280 civilians, including at least 12 children, later left a in mass grave? Like the Special Procedures, the Committee could not independently these allegations. What investigations had been carried out on this?
What were the specific obstacles to the establishment of a national human rights institute? Would the State be willing to work with the High Commissioner’s Office to implement a national reporting mechanism? How was the Covenant incorporated into Syrian domestic law? Had it had any positive influence on national legislation. What were the obstacles to ratifying the Optional Protocol on individual communications?
Another Expert said the Committee welcomed the statistical data on the number of civil servants and public officials investigated by the Central Supervisory and Inspection Commission, and the amounts recovered. What was the composition of this body? Could information be provided on court cases in which Government officials were ultimately convicted of corruption? Could the State party comment on allegations that some Government officials and some non-State armed groups had increasingly resorted to extortion, detention, drug trafficking and other illicit activities to raise funds? According to reliable sources, between August 2020 and June 2024, 4,013 cases of arbitrary detentions, 2,109 cases of forcibly disappeared persons, and 285 cases of people who died due to torture were documented. Could the delegation comment on this data?
According to the State party, a number of measures had been taken to counter the activity of terrorist organizations. Could the State party describe such measures in the areas that may interfere with human rights? The Committee had received news that since October 2020, the Anti-Terrorism Court had issued 91,000 sentences, some of them death sentences. What was the composition of the Anti-Terrorism Tribunal and how were these criminal proceedings conducted? How were they compatible with the Covenant?
A Committee Expert said the State party’s replies indicated that Syrian labour legislation did not discriminate between Syrian citizens and Syrian Kurds. However, the Committee had received information about violence against communities of Kurdish origins, frequent and ongoing detentions and ill treatment to extract confessions, in addition to forced marriages and sexual violence. Information had been received pertaining to discrimination after the earthquake, and the refusal of the Government to deliver essential aid to people living in Kurdish-majority regions. Could more information be provided on the current status of persons belonging to the Kurdish and Yazidi communities? Did the State party intend to take measures to treat them equally and ensure their integration?
Same-sex relations in the State party were criminalised and this group frequently experienced violence. Could more information be provided on efforts to protect vulnerable groups, including sexual minorities? Could information on previously tried cases of discrimination in the workplace be provided? Gender-based discrimination was not enshrined within the legal framework. There was discrimination against women when it came to passing on nationality. Could more information about the National Commission, which had been created to study discriminatory legislation against women, be provided? Had the National Commission adopted an inclusive approach involving civil society? Had this Commission issued recommendations and what kind of recommendations?
What was the status of the national plan to bolster women at all levels? Could information be provided on the draft law that criminalised domestic violence? Could more information be provided about so-called honour crimes? It seemed that the sanctions did not deter perpetrators from committing such crimes.
Responses by the Delegation
The delegation said international conventions ratified by Syria were part of the national legislation. Accession to a convention should not contradict with domestic law. The provisions of the Covenant were implemented by civil and national courts and were part of the national legislation. The issue of ending impunity had been raised by the Committee Experts. Syria, pursuant to its Constitutional obligations, had a comprehensive legal system within Syrian domestic legislation. The Penal Code criminalised acts which were considered a violation of human rights.
During the terrorist war against Syria, several laws were adopted in connection with ending impunity, including the Prevention against Torture Act. There were a number of acts or laws which sought to punish illegal offences, particularly when it came to military operations. The Syrian Armed Forces were subject to a legal system, including the Penal Code and the Code of Civil Procedures. Any person who was a victim of a crime or witnessed a crime could raise a complaint to the Prosecutor General. The decision of the public and general prosecutor was one of the temporary restrictions to enable the military to review the offences of military personnel before taking a decision.
A committee comprised of high-level officials probed into complaints committed by military personnel. There had been a decrease in the number of complaints in the last three years compared to previous years. In 2024, there had only been four complaints so far. This was related to the decreased number of military operations on the ground. There were a number of guarantees which ensured that impunity did not prevail, including in the military courts.
Mechanisms were carried out to ensure humanitarian assistance reached those who needed it. The Government had facilitated the delivery of humanitarian aid throughout the State, in all territories, including those that were hard to reach or were controlled by terrorist groups. This included medical aid, potable water, food and hygienic items. The Government had been cooperating with the United Nations to extend humanitarian aid. The main goal was to deliver humanitarian assistance to Syrians who required it without discrimination.
The Ministry of Justice had taken note of the work of the national committee in charge of studying discriminatory texts against women. The Ministry had taken note of the committee’s findings and revised several articles, and trained judges to implement them. A study was also organised on early marriage, which was a phenomenon facing Syrian society. A programme of action had been carried out on the national level to put an end to the phenomenon and address its repercussions. Some articles of the Penal Code were being amended to limit the number of early marriages. A television series and workshops had been organised to shed light on this issue.
Women had taken part in the national reconciliation process. Legislation had been reviewed regarding discrimination, including so-called honour crimes. In this case, the mitigating factor had been removed from the Syrian Constitution to subject perpetrators to the strict provisions of the law without exceptions. The Constitution was the main umbrella of legislative and executive provisions. An integrated law was being prepared to criminalise domestic violence. The unit on the protection of families was the authority which provided psychosocial and legal support to victims of domestic violence, and helped to reintegrate them into society. The Government worked to raise awareness by holding several workshops, including for law enforcement and judicial officials.
Two specialist bodies monitored corruption throughout the State. Inspections had been carried out and funds had been recovered by the State. A central supervision body carried out audits in regard to tendering. Funds were recovered in cases of serious financial misconduct. Structural reforms had been undertaken to bolster the integrity of the system. A new law was in place for the civil service which would bolster the supervisory mechanism in tackling corruption. Seven judges had been stripped of their office due to being convicted of corruption.
The Constitution established equality without any form of discrimination. Before the terrorist war against Syria, the country was proud of the mosaic of different elements of the Syrian people, which had represented a model of unity. By the end of 2015, Kurdish militia and separatists supported by the United States were in the north-east of Syria. They exploited the repercussions of the terrorist war and had been taking control of natural resources, including wheat and oil. These groups had imposed their own educational programme, based on ethnic considerations specific to their Kurdish ethnicity. This had had a harmful impact on the education process, with lessons being conducted in Kurdish while the majority of the population in that area was Arab. The Government would welcome a large number of students from areas under Kurdish control to ensure they could take exams in areas controlled by the Syrian State.
In Syria, the law on public officials and those working in the private sector promoted equality, and the freedom to work without any form of discrimination. Terrorist groups, in particular the Islamic State, had committed violations against ethnic groups, including Yazidi people. In contrast, the Syrian Government had provided extensive support to Yazidi people, ensuring they were provided with medical and psychological assistance.
A law had been in place since 1949 which criminalised all forms of violence. The law on inter-family violence aimed to protect members of the family, and targeted all forms of violence, including physical, sexual and economic violence. The State had created a unit for protection, as well as shelters. This was a unit which tackled violence in the context of the family. Though the law, a protection mechanism was created. The law would soon be promulgated.
Decrees were in place to tackle terrorism and its funding. In 2012, a law was formulated to tackle terrorism and a special Anti-Terrorism Court was created. Measures had been taken to tackle terrorist activities in Syria, ensuring terrorists had no safe haven or funding. The goal of terrorists was to sow terror. Judges of the Anti-Terrorism Court were ordinary judges who were independent. The Court of Cassation oversaw the sentences handed down by the Anti-Terrorism Court. Sentences handed down were variable and related to ammunition and explosives.
Questions by Committee Experts
A Committee Expert asked about the legislative reforms regarding women. Could the rules of nationality transmission from Syrian women to their children be clarified? Could the delegation respond to the question regarding the case of the execution of 280 civilians?
One Committee Expert saluted Damascus and hoped Syria would achieve peace and stability as soon as possible. What measures were being taken to protect civilians against death, injuries and secret killings in conflict areas? How were they guaranteed effective access to humanitarian aid. How could civilians prevent the intrusion of the armed conflict in their daily lives? Could information be provided on transparent investigations undertaken on all violations of human rights allegedly committed by any party to the conflict since 2011?
How many complaints had been received, related investigations and prosecutions conducted, and reparations granted? Was there an official register to record the numbers of victims of civilian casualties in the context of the internal conflict? Regarding the earthquake of 2023, what were the number of casualties? What measures had been taken to provide humanitarian assistance to victims? Could statistics about rehabilitation in a post-crisis period be provided? How were humanitarian convoys protected?
The death penalty was a major issue covered by the Covenant. What steps had been taken to revise current legislation to ensure the death penalty was authorised only for the most serious crimes? How many death penalty sentences had been applied? Pardon decrees had been issued between 2011 and 2020. Could information be provided about these decrees and the circumstances surrounding their issuance? What were the criteria which governed the selection of those benefitting from pardon? Did the State party intend to consider ascension to the Second Optional Protocol or consider a moratorium of the death penalty?
Another Expert said since the start of the conflict, there were between 100,000 to 120,000 disappeared persons. Around 85 per cent of these were attributable to Government forces. Did the State plan to criminalise enforced disappearances as such? The domestic law on kidnapping was not appropriate or enough. Was the State considering working with the independent mechanism on enforced disappearances in Syria? Did the State intend to create a national register for disappeared persons? In 2014, a bureau for disappeared persons had been set up as well as a department for martyrs. Could more information be provided on how these mechanisms worked?
The Committee welcomed the cooperation between the State party and the Office of the United Nations High Commissioner for Refugees. Could the State share updated statistical data on internally displaced persons and persons who had to flee the country? Was there a lasting sustainable return policy set up by the State? Could the delegation clarify the reconciliation process that was being considered to ensure people could return? What special protection measures for internally displaced persons had been adopted by the State? Residents who wanted to return home allegedly needed to obtain several clearances, including in regard to their house. Was this true? How was this in line with the Covenant?
Another Expert said the Committee welcomed the introduction of the new anti-torture law as a legislative step towards complying with international standards. However, the certainty of punishment for perpetrators was questionable. The article lacked clear investigative mechanisms. How did the State party ensure prompt and thorough investigations by an independent mechanism into all allegations of ill treatment? How did the State party intend to offer redress to past victims of torture? What measures would the State party take to prevent torture in detention centres and prisons in the future? What was being done to establish an oversight mechanism?
Torture was reportedly so widespread that the International Court of Justice had issued an order for provisional measures in November 2023. The Committee had received information that at least 285 individuals had died due to torture, with 29 deaths occurring after the Court issued its order. How were these statistics produced? Would the State party allow independent monitors access to the country's detention centres? What measures was Syria taking to prevent torture, particularly in light of the International Court of Justice’s order regarding provisional measures?
Another Committee Expert said the Committee had received reliable information concerning widespread arbitrary detentions and secret detention centres, some of which were under the control of the State. What measures had been adopted to prevent such acts in law and in practice, and to guarantee that detained persons were free to access a defence counsel, to be informed of their rights, to contact a relative, and to have access to independent medical examinations? What were the guarantees that persons subjected to illegal or arbitrary detention could report such violations and were provided with effective judicial remedies? What was the legally maximum duration of police custody and pretrial detention?
Some reports from reliable sources had deplored the harsh and extremely poor conditions in prisons, including overcrowding, lack of sanitation, malnutrition and lack of medical care. What measures were being taken by the State party to improve the conditions of civilian and military prisons? What services were provided to women with infants in prisons? Could more information be provided on detainees who had died in prison? Were family members informed of their deaths and did they receive the bodies in a dignified manner? What measures had been taken to manage COVID-19 in prisons?
Had the bill on illegal immigration been promulgated and put into effect? What was its impact on the ground? There had been allegations that the Government did not protect children from forcible recruitment and use as soldiers. What activities were being carried out to implement the national plan 2023–2026, including on raising awareness, capacity building, and training relevant officials? Had a mechanism been established to receive victims’ complaints? The Committee appreciated that the State party had set up institutional cooperation with regional and international organizations working in the field. Could more information be provided?
A Committee Expert asked if the State party would prepare a comprehensive law to combat discrimination? Had a debate been organised on equality in terms of Christians, Muslims and Jewish people around personal status and an open interpretation of Islamic Sharia law? The Committee had received information that those returning to the country suffered from a range of violence, including sexual violence against women and children. There was a need to collaborate with the Office of the United Nations High Commissioner for Refugees to address the situation of refugees and asylum seekers. To what extent did Syria intend to collaborate with the regional office to develop a protection system for refugees?
Responses by the Delegation
The delegation said that in 2019, a national commission was established to consider the promulgation of laws. Guidelines were developed and circulated amongst ministries, which included outlines on drafting. When developing a law, it was important that they aligned with international treaties which were ratified by the State. Training on this had been conducted for all parties. All departments which prepared legislation were committed to these guidelines. Investigations and follow-up of investigations were the responsibility of judges. Some authorities had no right to investigate, and were required to obtain an authorisation from the Public Prosecutor. A decree authorised certain measures for seven days under the General Prosecutor.
Syrian law defined the crime of deprivation of liberty as similar to the crime of enforced disappearances. The sentence for this crime was between three to 15 years if disappearance exceeded a month. The punishment for abduction was now more stringent, resulting in life imprisonment, and even execution if it led to death, sexual assault or handicap. This had been done to mitigate these kinds of crimes. The Penal Code punished any case of arrest or imprisonment if it was not stipulated by law or did not follow a legal order. Any authority or prison centre was punished for accepting anyone without relevant documentation. Deterrent punishments had been issued to combat the crime of depriving people of their freedoms. A decree was issued in 2024 which authorised the supervision of detention centres and prisons periodically.
The State party stressed the responsibility of Syrian State authorities when it came to investigating cases of enforced disappearances.
The Syrian Penal Code included texts which addressed torture or the use of harsh treatment. The law on torture had put together all relevant aspects under one law and had set clear definitions which were compatible with the Convention against Torture, which Syria had acceded to in 2004. The definition of torture had been expanded to include torture committed by terrorist groups. Syria had several legal texts on civil and criminal procedures which regulated mechanisms, from the point a person was arrested, through to investigations by judges, and up to the court procedures. These included guarantees on providing detainees a lawyer and information about their charges. Compensation for crimes of torture could be provided, following an order from a judge. Several cases were before the Syrian judiciary relating to the use of force during investigations. Decisions would be taken in due course once the legal procedures were finalised.
Execution should only be carried out in exceptionally rare circumstances, for instance in severe cases, including premeditated murder, rape of children, and violence which led to death. This sentence could only be issued in the presence of the person and a lawyer. Cases involving the death sentence followed due process and allowed for possible amnesty if necessary. A death sentence was automatically referred to the court of appeal. Sometimes, death sentences were replaced with life imprisonment. Many death sentences had not been implemented, but were commuted. In 2022, seven sentences were implemented.
Syria had a national and constitutional responsibility to protect its citizens. Steps had been taken to ensure the safety of civilians since the events of 2011. Orders had been given to the Syrian armed forces to take every measure to protect civilians during military operations, particularly women and children. Information sessions had been organised with international organizations to train the armed forces and the police, and to ensure they respected international humanitarian law.
The Government ensured safe evacuation corridors from terrorist groups in areas where armed groups were located. Shelters were established for citizens who fled terrorist groups. The Government had issued documents for those who had left their documents behind in flight. Classes had been organised for children and a curriculum had been established, which aimed to recompense children for classes they lost in areas controlled by terrorist groups. Working with partners such as the United Nations Children’s Fund, operations had been carried out to clear areas of explosives.
Syria had done its best to ensure that core services continued. The State had created humanitarian aid chains which delivered to areas. The verifications on property were done to ensure that people did not move into property that did not belong to them. Residents’ authorisation did not exist. In cases where amnesty was declared, this was rolled out across the country and in all prisons. Since 2011, there had been 23 cases of amnesty, with the most recent one being granted in 2023. Objective criteria were used to determine amnesty.
A decree was published which stipulated that all crimes included in the notion of terrorism were eligible for amnesty, with the exception of those which led to deaths of individuals. If someone was suffering from a chronic illness, a medical committee would review their case, and they could be eligible for amnesty. These measures had been useful in alleviating the overcrowding of prisons.
Questions by Committee Expert
A Committee Expert asked for more information about the law regarding impunity and immunity. The small number of cases of torture could be an indication that the State party was not punishing torture properly.
Another Expert asked how female prisoners, particularly pregnant women and those with children, were supported. Was there a society-wide dialogue concerning a moratorium on the death penalty?
Responses by the Delegation
The delegation said around 60 visits by the International Committee of the Red Cross were carried out to all Syrian prisons each year. After each visit, a team meeting was held to strengthen protection in prisons. The separation of adults and children was done comprehensively; youth detention centres were separate from adult prisons. Sometimes, youth detention centres were closed due to the war, and in that case, separate wings for youths were set up in adult prisons. Women’s prisons were separate from men’s prisons. Children up to four or five years old could remain in prison with their mother if the mother wished. All necessary services were provided to those children.
Questions by Committee Experts
A Committee Expert asked who appointed the judges to the Anti-Terrorism Court. How long was their tenure? What was the full name and number of the court? Could figures on the number of people granted amnesty be provided? The Committee welcomed the abolition of the field military courts. Where had the cases before the field military courts ended up? Would the Criminal Military Code be revised? How could one have access to those cases? Over the last 13 years, no member of the military forces had been prosecuted; could the delegation comment on this? How was the independence of the judiciary guaranteed?
The Syrian delegation had earlier said that the State provided an enabling environment for civil society thanks to the associations law. However, according to the law, the Government could decide to disband an organization if it could harm public morality. Today independent associations found it difficult to operate. Could the delegation comment on all these issues?
Another Expert said while the State party allowed some individuals to opt out of military service by paying a fee, it did not appear to recognise conscientious objection as a right. Had the State party considered implementing an alternative civil service of a non-punitive nature? Did the State party ensure that the military service obligation was available to refugees who had left the country? Could data be provided on individuals who had been detained for forcible conscription? How were the amnesty decrees implemented and how many individuals had been covered by them?
The Committee had received information that the Government enforced censorship of news sites and social media more stringently in controlled areas. Could data be provided on how blocking was implemented or which media were banned? Which State agency typically made the decision? What measures was the State party taking to ensure freedom of expression and freedom of media? Information had been provided to the Committee that 1,670 violations against national and international media personnel had been committed between March 2011 and the end of December 2020. Was statistical data available on attacks against journalists? What measures was the State party taking to protect journalists and others from threats, physical attacks and other forms of intimidation? How was it ensured that those who attacked journalists were brought to justice?
There were reports indicating that repressive legislation had been introduced to censor press freedom and freedom of speech online. Could information be provided on the law establishing a new Ministry of Information? Were the current mechanisms in place compliant with international standards? Had the State party considered decriminalising defamation? If not, given the harsh penalties, would the State party consider making the penalties more proportionate?
A Committee Expert said the Committee had received information about the excessive use of force in demonstrations. In 2023, demonstrations took place to protest about inflation and the deterioration of economic living standards in the country. To disperse the demonstrators, live ammunition was used and civilians were killed. Could the delegation clarify what happened here? Could examples of prohibitions of peaceful assemblies be provided?
Another Committee Expert asked what Syria could do to contribute to the repatriation of children in camps in the north of Syria back to European countries? What was Syria doing to convince European countries to face their responsibilities and take these children back? How effective was the national commission on the rights of the child? Children in armed conflict was a major concern in Syria. Could more details about the comprehensive repatriation plan for children be provided? Could information on the civil registry be provided?
A Committee Expert said voter turnout in the third round of legislative elections held in 2020 was notably low, at just 33.17 per cent. What did the State party consider to be the backdrop for the sharp drop in voter turnout in the 2020 legislative election? Could information on voter turnout in the 2021 presidential election be provided? Had the State party taken measures to promote women’s participation in elections? Given the criticism of the lack of a safe and neutral environment, how did the seven members of the Supreme Judicial Committee for Elections and the three members of the Sub-Committee oversee the nationwide elections? How were the neutrality and independence of the members ensured?
Responses by the Delegation
The delegation said the return of Syrian refugees was a key objective for the Government. An international conference was held in 2020 and the United Nations and world agencies had participated. The conference affirmed the need for basic services and healthcare to be provided for the refugees upon return. Several pledges were made in October 2023 at the meeting of the Executive Committee of the Office of the High Commissioner for Refugees. The Government planned to continue cooperation with the Office for the repatriation of refugees. Creating sustainable conditions for the persons concerned required increased support from the international community to address economic and social obstacles which hindered return. Refugees were not subject to any form of discrimination upon their return.
The judicial law regulated the appointment of judges. At the top of the hierarchy was the High Council of the Judiciary. This was presided over by the President of the Republic. The Council guaranteed the independence of the judiciary and included the Head of the Appeals Court and other high-ranking judicial officials. The seven members were senior judges who had been serving for over 30 years. This body appointed judges and oversaw their immunity, promotions and transfers. Combatting terrorism was regulated by the Court. Judges in the Anti-Terrorism Court were high ranking. All terrorist acts were regulated under the law.
The institution of the military judiciary was the most important guarantee when it came to military offices. It was a fully-fledged institution and one of the main arms of the judicial authority. Matters relating to civilians were no longer seen before military courts. The legislative decree of 2023 on field military courts abolished those courts and all cases previously seen before the military field courts were transferred to the military court in their current state. The military field courts used to have limited competence related to military work in the field.
Syria had cooperated with numerous countries which had led to successful return operations. The country had had a visit from the Special Rapporteur on combatting terrorism, with the visit enhancing the improvement of the situation. The only solution to the phenomenon of children in camps in the north of Syria was for States to return their subjects without discrimination. Human rights treaty bodies should be careful not to add legitimacy to illegal mechanisms or to adopt partial solutions which would only prolong and add to the complexity of the situation.
Military service was a sacred duty, enshrined within Syria’s Constitution. A certain category of persons who did not wish to do military service could pay a fee to be exempt. These were people who lived outside Syria. The State was now considering voluntary military service and was revisiting the concept of compulsory military service. The State was also considering the possibility of shortening the length of compulsory military service. All amnesty decrees mentioned deserters, either those in the territory or abroad. For the amnesty decree to be applicable, the deserter needed to go to the Ministry of Defence to enjoy the protection of that decree.
The law on military service defined the age for military service, which was anyone 18 years or older. Children who had been enlisted were treated as victims. A law on justice for minors would soon be adopted and it would cover all aspects of juvenile justice and prosecution. The State had a national plan for the treatment of enlisted children. Recently, members of a terrorist armed group that operated in the south of the country were detained and admitted they had recruited children. The State had managed to locate those children and treated them as victims. These children were currently in the process of being rehabilitated.
The personal status law had been amended several times. The State had needed to intervene to ensure that all births were registered. Syria had a single administration for the civil registry office. Now, any child could be registered anywhere, nation-wide. Birth registration had been facilitated for Syrian parents residing outside of the country.
The electoral law of 2014 clearly determined the electoral process. The electoral process was overseen by the judiciary and a committee of four specially elected judges. In 2022, there were 2,137 women, making up a 12 per cent representation rate.
The State had sought to define the way demonstrations were managed. The relevant authorities were not armed but were equipped with instruments to disperse demonstrations. This law allowed private individuals to assemble peacefully. Between 2015 and 2018, there were at least 80 and 100 requests for demonstrations. This had dropped in recent years. The example given by the Committee member was based on erroneous information. This was not a peaceful demonstration but a group of young people who had taken it upon themselves to target the local government, the police station and the police headquarters. There was a rapid response and the senior community leaders intervened peacefully. There were no fatalities, so it was surprising the Committee had received this information.
Questions by Committee Experts
A Committee Expert said the High Council of the Judiciary was presided over by the President and comprised of seven members. Who designated the members of the Council? Was it the President, or other judges? How many cases had been referred from the military field court to other courts? Which law regulated the Anti-Terrorism Court, and which one regulated the military courts?
Another Expert said the Committee used a balance of sources to assess the situation on the ground.
An Expert said questions around freedom of expression had not been answered. A new law to establish a new Ministry of Information was in the drafting process. It was important to ensure all relevant people engaged in public life.
Responses by the Delegation
The delegation said when it came to the organization of demonstrations, the application was submitted to the technical committee which determined the possibility of authorising the demonstration in a specific place. The National Committee on the Rights of the Child introduced many functions. There was a plan to protect children in Syria, covering all aspects of the Convention on the Rights of the Child. The Chair of the Court of Cassation was a veteran judge who had served for more than 30 years. All the members of the Supreme Judicial Council were of the highest ranks in the judiciary.
Closing Remarks
HAYDAR ALI AHMAD, Permanent Representative of the Syrian Arab Republic to the United Nations Office at Geneva and head of delegation, thanked the Committee for the opportunity to hold a constructive dialogue on the Covenant. The Syrian Arab Republic would continue to work with human rights mechanisms which paid heed to the concepts of neutrality, principality and objectivity. Some of the questions had been based on false and unfounded reports, propagated by well-known sources for political ends, to denigrate the efforts of the State party. Mr. Ahmad hoped the Committee would not believe every piece of information received and that it would maintain an objective and impartial position. Ending unilateral coercive measures was essential to achieving human rights in the country, as was ending the occupation and illegal presence on State territory. Eliminating these elements would facilitate an environment conducive to human rights.
TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, thanked everyone who had participated in the dialogue. The Committee had discussed many different issues relating to the rights enshrined in the Covenant. The Committee was committed to ensuring that the highest level of civil and political rights was achieved in the Syrian Arab Republic.
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CCPR24.016E