COMMITTEE ON HUMAN RIGHTS CONSIDERS REPORT OF SYRIA

The Human Rights Committee has considered the third periodic report of Syria on how that State party implements the provisions of the International Covenant on Civil and Political Rights.

Introducing the report, Bashar Ja’afari, Ambassador and Permanent Representative of Syria to the United Nations Office at Geneva, said Syria had always tried to be honest with itself and its principles, and refused to contradict its strong principles regarding what was required to be done, in particular with regard to the causes of terrorism. Most political commentators had come to recognise that Syria’s measures adopted since 1996 combated all forms of terrorism and the exploitation of religion for political reasons. The development path assumed by the Government and the modernisation programme had led Syria to collaborate fully with international human rights organizations, and Syria had gone further than many States which claimed to defend human rights.

In preliminary remarks, Christine Chanet, Chairperson of the Committee, said the delegation's answers had been somewhat biting at times, but were part of the interaction. The Members would look at the report in light of the answers given, not in light of the report of 2001. Committee Members were duty-bound to ask difficult questions in order to ensure that the State parties curtailment of various rights followed the rules that were set forth in the Covenant, and to elicit answers in order to ensure that the State party did fulfil the Covenant fully. It was hoped the next report would engender less questions and would have more positive elements.

Over two meetings, Committee Experts raised questions on subjects pertaining to, among other things, whether there had been any derogation of Covenant rights in the context of a state of emergency; what measures had been taken or were foreseen to enhance the participation of women in public life; information on the measures taken by the State party to implement the conclusions and recommendations of the Committee of March 2001 with regard to allegations of extrajudicial executions, disappearances, torture, acts of cruel, inhuman or degrading treatment or punishment by law enforcement personnel; arbitrary detention; and what measures had been taken to protect the rights of the Kurdish minority.

The Committee will issue its formal, written concluding observations and recommendations on the report of Syria towards the end of its session which will conclude on 29 July 2005.

The Syrian delegation included representatives of the Ministry of Foreign Affairs, the Ministry of Justice, and the Ministry of High Studies.

Syria is among the 154 States parties to the International Covenant and as such it is obligated to submit reports on its performance aimed at implementing the provisions of the treaty. It is also one of the 104 States parties to the Optional Protocol to the Covenant.

The Committee will reconvene at 10 a.m. on Tuesday, 19 July to begin its consideration of the initial report of Thailand (CCPR/C/THA/1).

Report of Syria

In the third periodic report (CCPR/C/SYR/2004/3), Syria shows the extent to which Syrian legislation is compatible with the rights recognised in the International Covenant on Civil and Political Rights by listing them and comparing them with the domestic laws and legislation in force in Syria, in order to acquaint the Committee with the legal framework within which the provisions of the Covenant are being implemented in the country. Syria acceded to the Covenant in 1969 and consequently it became part of the domestic legislation of the country, and as such is enforceable in accordance with the provisions of the Constitution.

The Constitution is the fundamental law in the country. The rights referred to in the Covenant are guaranteed by it, and it forms the country’s basic law. All citizens are equal before the law in respect of their rights and obligations and enjoy their rights and freedoms in accordance with the law and the Constitution. Freedom of belief is inviolable and the State respects all religions and guarantees full freedom of religious observance provided that it is not prejudicial to public order. Accordingly, the right of every religious community to profess and practise its religion and exercise its religious rights is firmly enshrined in the Constitution and the laws in force.

The law protects all persons residing in the territory of the State, without any discrimination on the grounds of race, origin, religion or nationality. Syria has never known any case of alleged discrimination in regard to this protection. All citizens enjoy the same rights, without any discriminatory treatment. They enjoy, on an equal footing, all the rights and privileges recognised in the Covenant. No one can be prevented from enjoying the right to exercise freedom of thought and religion, freedom to change his religion or belief and freedom to manifest his religion through worship, teaching and religious observance alone or in association with others, in public or in private.

Presentation of Report

BASHAR JA’AFARI, Ambassador and Permanent Representative of Syria to the United Nations Office at Geneva, presenting the report, said the Syrian Government was keen to implement all its international obligations with regard to all international human rights bodies. Since President Assad was elected in 2000, he had been leading modernisation and development in all areas with an aim of strengthening trusting relations between the people and the Government on the one hand, and institutions and foreign bodies on the other. Many decrees had been issued which were proof of the new impetus that it was wished to give to these changes, despite the huge challenges that were faced with regard to Palestinian issues and the Golan, as well as neighbouring countries in the region.

Syria had always tried to be honest with itself and its principles, and had refused to contradict its strong principles regarding what was required to be done, in particular with regard to the causes of terrorism. Most political commentators had come to recognise that Syria’s measures adopted since 1996 combated all forms of terrorism and the exploitation of religion for political reasons. Syria supported actions on the ground in accordance with international legitimacy to implement all Security Council resolutions concerning anti-terrorism. Syria had issued a legislative decree against money laundering to combat this phenomenon and the financing of terrorism.

The development path assumed by the Government and the modernisation programme had led Syria to collaborate fully with international human rights organizations. The Convention to Eliminate All Forms of Discrimination Against Women, the Convention against Torture, and the two Optional Protocols on the Convention of the Rights of the Child had all been acceded to, thus making all seven human rights treaties part of Syria’s policy. Syria had gone further than many States which claimed to defend human rights. The setting-up of an independent human rights monitoring body was currently under investigation. With regards to domestic human rights policy, in the near future, Syria would begin to implement the important recommendations adopted by the National Congress to defend human rights.

Questions by the Committee Experts

A series of questions were submitted by the Committee Experts in advance of the meeting and others were posed orally. Among the questions and issues raised were the compatibility of counter-terrorism measures taken by the State party with the International Covenant on Civil and Political Rights; whether there had been any derogation of Covenant rights in the context of a state of emergency; what measures had been taken or were foreseen to enhance the participation of women in public life; what measures existed or were proposed to combat and eliminate violence against women; information on the measures taken by the State party to implement the conclusions and recommendations of the Committee of March 2001 with regard to allegations of extrajudicial executions, disappearances, torture, acts of cruel inhuman or degrading treatment or punishment by law enforcement personnel and arbitrary detention; what measures were in place to ensure the independence and impartiality of the judiciary; and what measures had been taken to protect the rights of the Kurdish minority.

Constitutional and Legal Framework within which the Covenant is Implemented

The legal laws in Syria were issued or amended in accordance with the provisions of the International Covenant, the delegation said. The priority was the implementation of the Covenant, and in the case of contradiction, it was the provisions of the treaty that prevailed. Regarding the decisions of the administrator of martial law, these could be revoked as a simple administrative decision; several had been revoked.

Regarding the National Committee for International Humanitarian Law, this was made up of various representatives from different domains, including the Red Crescent and the Ministry of Education and other Ministries, and a representative of civil defence. It drew up and coordinated national approaches to human rights as a whole. It had decided from its first meeting to work to extend awareness regarding human rights and humanitarian work by organising seminars for anyone working in the media, jurisdiction, police, members of the People’s Council, diplomats, universities, and others. The Ministry of Education had decided to include humanitarian law in the University syllabus.

Counter-Terrorism Measures and Respect of Covenant Guarantees

The delegation said regarding the compatibility of counter-terrorism measures taken by the State party with the Covenant, including those reported pursuant to Security Council resolution 1373 (2001), Syria cooperated fully with international legislation to combat terrorism, particularly with regard to the implementation of the Security Council resolutions in this context. Syria had submitted its fourth report to the Committee against Terrorism. A legislative decree had been adopted in 2003 regarding illegal money laundering, in addition to a decree adopted in 2005 according to which money-laundering in the context of terrorism was combated. Syria was cooperating with the international missions and other States in the anti-terrorist fight to extradite criminals, and had many examples of this cooperation.

State of Emergency

The law of the state of emergency, the delegation said, was adopted in 1962, and the state of emergency was declared in 1963. This was an exceptional situation adopted when the State was threatened, and it enabled the State to take the necessary measures to protect itself from the danger that was threatening it. The President of the Republic was the one who declared the state of emergency, and who eliminated it. The situation of war threatened general security, and entailed an aspect of danger, and in this situation the state of emergency had to be decreed.

Syria was threatened by Israel, as was the case for many other countries in the region. Israel occupied the Golan Heights, with Syrian citizens ejected from this territory, and it had also threatened the country over the last period. This was in contradiction with United Nations resolutions. The state of emergency allowed the Syrian authorities to face up to situations of danger rapidly.

Non-Discrimination and Equality between Sexes

There was nothing in Syria that prevented women from participating in public life, the delegation said. This was guaranteed in the Constitution. Women were allowed to participate in any position, without conditions, in the context of equality between all citizens. Women occupied political as well as diplomatic and legislative posts. The response to guarantee equal treatment was to provide equal opportunities. There was a slight difference in the average age of marriage for men and women. With regard to divorce, both men and women had the right to divorce, and had to go through the legislative courts to obtain this. With regards to honour crimes, these were referred to in the criminal code. Men could get alleviation of their sentence, but honour crimes were very rare because of an awareness campaign.

Violence against women in general was similar to any violent crime. The husband got no clemency in regard to this respect. There was no difference in the law regarding violence against women or against men. Women who were subjected to violence by their husbands or any other person could file a complaint to the judiciary or to the police, and it could then be referred to the forensic doctors. Women were given access to medical treatment in this respect. There was a national plan to protect women against violence that was currently being finalised, and there were a number of laws regarding the protection of women in marriage and in the family.

Right to Life; Prohibition of Torture; Right to Liberty and Security of the Person; Treatment of Detainees

With regards to capital punishment, the delegation said, there had been no capital punishment for a certain period, but since 2002, this punishment had been imposed in cases of particularly abominable crimes, such as pre-mediated murder for robbery, or honour-related crimes. Some of these punishments had been implemented. Capital punishment was only implemented when referred to a special committee created by Presidential Decree and then to five judges who gave their view to the President, who could then either decree the execution, or turn it down. There were no extra-judiciary executions in Syria. The Constitution provided that there was no crime without legal text.

In case of inhuman treatment, the perpetrator was brought to justice, no matter who he or she was. The Syrian Constitution, as well as the laws of Syria, provided that no torture should be exercised on any person, and any person permitting that act should be punished. The subjection of any person to any kind of experiment, medical or otherwise, without their legal consent, was not to be found in Syria. Some of those who had committed crimes claimed to have been subjected to torture, in which case they were referred to forensic doctors. If there was any evidence of this crime, the person who had committed the torture was brought to justice. Any kind of violence committed to obtain a confession could result in the jailing of the perpetrator.

Response to Oral Questions

The Committee Members then made further remarks and questions, in particular noting that there was reproduction of some of the text of the second periodic report in the text of the third, and commented that this could have been replaced by more useful information. It was also pointed out that Syria should not use the legal powers conferred by the state of emergency in a manner not explicitly legally permitted. The apparent lack of implementation of the Committee’s previous recommendations was also mentioned. However, the apparent wind of change in Syria was seen positively. Other questions were on whether women and men had the same rights in respect of divorce; clarification of various instances of application of the death penalty and grounds for that application as some did not appear to be appropriate, notably in the case of voluntary arson of farm land before the crop was harvested; the need to know the number of persons who died in custody; and if mandatory military service was still in place and whether there was a right for conscientious objection.

The delegation responded to these questions and others briefly, saying that the attention given by the Committee to the report was an indication of the importance of Syria in the Middle East. Some lacunae had been identified during the questions, some cosmetic and some more substantive. The cosmetic lacunae could possibly be attributed to a misreading of the report, as some of the Members perhaps had not been able to read the report before today, which would have created a gap.

Freedom of Movement

The delegation said the Ministry of the Interior had issued a law in 2002 as well as amendments to this law which referred to relieving all citizens from the need for exit visas, with the exception of those under the age of legal majority, who required the authorisation of their parents or legal guardian. Clear instructions had been issued to the effect that passports for those living outside Syria could be renewed for two years. There were also other facilities: a permanent instruction for Syrian embassies to facilitate the visits of expatriate Syrians to Syria to the extent of three visits per year for a one-month period, without any of them being prosecuted if they have not for example performed their military service.

Every Syrian outside Syria, through the relevant embassy, could return to Syria, or return to the place of abode. The Department of Passports managed this. No foreigner was to be expelled from Syria for any other reason than clear violation of the law. There were many hundreds of thousands of foreigners in Syria, and expulsions were quite rare, despite many of these being illegally present on Syrian soil. These expulsions were referred to UNHCR, and could be contested legally by the person in question. Visas were given to foreigners in accordance to their situation, for example for students, transit visits or diplomats.

Further Questions by Committee Experts

Following the delegation’s response to the questions, Committee members raised various issues again, notably the issue of the state of emergency and derogations to human rights in the context of that state; and foreign detainees and what had happened to them and the need for a systematic accounting of these detainees. The delegation commented that the interactive dialogue was very helpful and had made some points quite clear, and responded briefly to the issues raised.

Right to a Fair Trial

Regarding the independence of the judiciary, this was guaranteed by the Constitution, the delegation said, and also by the law on judicial authority that guaranteed that judges would not be switched to different places or to lower posts than their current position. With regard to the Supreme State Security Court, this was a court of exception that was set up because of certain circumstances that existed in 1967. The law on this Court was no longer in step or in keeping with current circumstances, and a committee had been set up to revise the law governing it in order to guarantee the rights of those brought before the Court so that they could appeal the decisions of that body. The law had to be applied as in a regular instance, in particular with regard to the right of defence. The decisions of the Supreme State Security Court would henceforth only be implemented once the Head of State had endorsed them.

Right to Freedom of Opinion, Expression, Assembly and Association

There were a number of associations on human rights, such as welfare organizations for prisoners and their families as well as associations for the disabled, the elderly and for defending the well-being of women and children. There was a law on publications that was in the process of revision in order to obtain a more modern law that would include the Internet and audio-visual media. Syria was resolutely intending to enable Syrian media and the press to rise to a much higher level.

There was no obstacle to the freedom of expression or opinion and it was hoped the Committee would receive information regarding the developments that had occurred in Syria over the last five years. Legislation was being created regarding multi-partism, as well as to increase freedom of publication. With regards to restrictions or prohibition of publications, the law on these banned certain publications such as the minutes of closed hearings in Court and the indictment and confidential notes about the health of people, as well as books and letters that could encroach on State security and unity, information about troop movement and troop facilities, as well as others.

Non-discrimination and Rights of Persons Belonging to Minorities; Rights of the Child

The delegation said regarding measures taken by the State to protect the rights of the Kurdish minority, no citizen in Syria was dealt with on the grounds that he or she belonged to a minority or according to a system of the majority and the minority. All citizens were equal, with the same rights as other citizens, and the same duties.

Dissemination of Information Relating to the Covenant and the Optional Protocol

The information on the submission of the third periodic report would be published in all media and all relevant Ministries after the discussion was concluded, the delegation said. Acceding to an international instrument made it domestic law and the act of accession with the text of the instrument appeared in the official journal and all media, as well as being distributed to all courts and judicial authorities so that the relevant articles were applied. Education seminars for the police included human rights issues, international humanitarian law matters and in all this there was an amount of detail on the Covenant as it was considered an essential instrument. It was included as part of the optional syllabus for university students.

Responses to Oral Questions

The Committee Members then made further comments on the report, commenting on public participation in State matters; noting that the Government allowed the exit of Syrians from the country but that according to information received some people were banned from exit; inquiring what governed this; and requesting information about the five parties that boycotted the recent elections; asking about the stripping of nationality from certain minorities and whether the members of these groups could hold office and vote. The Experts also asked whether there were any instances of imprisoned people filing actions; which laws had been suspended and whether these were in conformity with the Convention; means for disciplining members of the judiciary; information on the registration of independent human rights organizations and why specific ones may have been denied registration; and reported limitations by the State on the freedom of expression. A Committee member also noted that the absence of follow-up questions to the previous list of questions was due to the pressures of time.

Responding to these issues and others, the delegation said that it was an interactive dialogue, but it was unfair to give the Committee members two-thirds of the time for the questions, and then 15 minutes to the delegation to respond. This was something that should be reconsidered from the point of view of procedure. The delegation would have to be objective in its responses, and preferred not to give marginal responses as it would have to in such a short time. Therefore, any questions which it did not have time to answer, it would do so in writing. The cases relating to Syrians whose cases had been mentioned during the meeting had had their situation made clear by virtue of a memorandum sent to the Committee earlier in the year. The Committee should not treat this interactive dialogue on the basis of preconceived ideas, otherwise it would be futile.

The delegation had listened attentively, and would take all considerations by the Committee into account. The nations and the peoples of the world were made up of civilisations and cultures. There was no single model in this world that should be followed by all, otherwise there was no need for democracy or for diversity. The law of Syria should not be a copy of that of another country. The delegation did not have to give information to the delegation regarding the ethnic, religious and geographical make-up of the representative bodies of Syria, as this question stemmed from a different point of view. Syria did not treat any of its population in this way, but rather as a whole, and not as an assembly of minorities and ethnicities, as this behaviour would lead to the division of the country. The level of priority should not be on the basis of emulating other societies, as Syria adhered to the Covenant. To enter into uninteresting details was not necessary, as these emanated from a certain political system. This urge to divide was very sad, the delegation said, and begged the Members not to judge Syria from their own preconceived ideas and values. The delegation then responded briefly to the questions posed by the Members, saying that Syria was on the right path, and needed the support of the Committee, as it was a different country, and should be treated as such, with fresh eyes.

Preliminary Remarks

CHRISTINE CHANET, Committee Chairperson, said she wished to thank the Ambassador for his answers, which, although somewhat biting at times, were part of the interaction. The Members would look at the report in light of the answers given, not in light of the report of 2001. Syria was warmly encouraged to continue its work for the removal of the law on the Supreme Security Court. The Committee was composed of international experts with no values other than those that were enshrined in the Covenant. The report had prompted various questions, including upon the state of emergency that could only be of very short duration, as well as the case of disappearances and the death penalty, with regard to discrimination against minorities.

Members of the Committee had to raise questions and address them to the delegation on the powers and authorities of the public institutions. There was a need to protect minorities, as detailed in the Covenant, and this had been the thrust of the questions asked. Committee Members were duty-bound to ask these types of questions in order to exercise control over the methods in use in Syria, and to ensure that the rules, the censure and the curtailment of the freedom of movement followed the rules that were set forth in the Covenant, and to elicit answers in order to ensure that the State party did fulfil the Covenant fully. It was hoped the next report would engender less questions and would have more positive elements.

For use of the information media; not an official record

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