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an amnesty international briefing Human rights violations: Political arrests and preventive detentions under 20-year-old State of Emergency Arbitrary seizure of suspects by security forces Torture and cruel, inhuman or degrading treatment 'Disappearances' Political killings

an amnesty international briefing · 2 BRIEFING BRIEFING the have heen wArd idolmions UI rights force networks of Emergency Law to arrested held for released. al-and while their the

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Page 1: an amnesty international briefing · 2 BRIEFING BRIEFING the have heen wArd idolmions UI rights force networks of Emergency Law to arrested held for released. al-and while their the

an amnesty international briefing

Human rights violations:

Political arrests and preventivedetentions under 20-year-oldState of Emergency

Arbitrary seizure of suspectsby security forces

Torture and cruel, inhuman ordegrading treatment

'Disappearances'

Political killings

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ana

First issued November 1983

Amnesty International Publications 1 Easton Street

London WC1X 11D.1 United Kingdom

AI Index: AIDE 24/13/83 ISBN: 0 86210 065 8

Copyright Amnesty International Publications. Original language English. All rights reserved. No partof this publication may be reproduced. stored in a retrieval system. or transmitted in any form or by anymeans, electronic, mechanical, photocopying, recording and /or otherwise, without the prior permission ofthe publishers.

Printed by Redesign, 9 London Lane, London Et

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HIS briefing is part of Amnesty International's worldwide campaign for the international protectionof human rights.

Throughout the world thousands of people are in prison because of their beliefs. Many are held withoutcharge or trial. Torture and executions are widespread. In many countries men, women and children have"disappeared" after being taken into official custody. Still others have been put to death without anypretence of legality: selected and killed by governments and their agents.

These abuses—taking place in countries of widely differing ideologies—demand an internationalresponse. The protection of human rights is a universal responsibility, transcending the boundaries ofnation, race and belief. This is the fundamental principle upon which the work of Amnesty International isbased.

Many thousands of people have been arbitrarily arrested and detained withoutcharge or trial in Syria since the country's state of emergency came into force morethan 20 years ago. There have also been reports of torture, "disappearances" andextrajudicial executions carried out by the security forces.

The targets of these human rights abuses have come from a wide range of back-grounds and have included a former President, former government ministers, tradeunionists, traders, doctors, lawyers and students—and even a number of children.

On 26 April this year Al submitted a memorandum on its concerns to the SyrianGovernment and subsequently offered to publish any comments it had. No responsewas received. A 72-page Report from Amnesty International to the Government of theSyrian Arab Republic based on the memorandum was published on 16 November.The following material is based on the report.

In

Amnesty International is a worldwide movement independent of any government , political persuasionor religious creed. It plays a specific role in the international protection of human rights:

it seeks the release of prisoners of conscience. These are people detainedfor their beliefs, colour, sex, ethnic origin, language or religion who havenot used or advocated violence;it works for fair and prompt trials for all political prisonerc and on behalfof political prisoners detained without charge or trial;it opposes the death penalty and torture or other cruel, inhuman ordegrading treatment or punishment of all prisoners without reservation.

Amnesty International is impartial. It does not support or oppose any government or political system,nor does it support or oppose the views of the prisoners whose rights it seeks to protect. It is concernedsolely with the protection of the human rights involved in each case, regardless of the ideology of thegovernment or the beliefs of the victims.

Syrian security forces have practisedsystematic violations of humanrights, including torture and politicalkillings, and have been operatingwith impunity under the country'semergency laws.

There is overwhelming evidencethat thousands of Syrians notinvolved in violence have beenharassed and wrongfully detainedwithout chance of appeal and insome cases have been tortured;others are reported to have "dis-appeared" or to have been the vic-titns of extrajudicial killings carriedout by the security forces.

Amnesty International, as a matter of principle, condemns the torture and execution of prisoners byanyone, including opposition groups. Governments have the responsibility for dealing with suchabuses, acting in conformity with international standards for the protection of human rights.

Amnesty International does norgrade governments according to their record on human rights: insteadof attempting comparisons it concentrates on trying to end the specific violations of human rights ineach case.

Amnesty International has an active worldwide membership, open to anyone who supports its goals.Through its network of members and supporters Amnesty International takes up individual cases,mobilizes public opinion and seeks improved international standards for the protection of prisoners.

Mijali Nasrawin . . . in his 13th yearof preventive detention withoutcharge or trial. A lawyer, aged 44,and a former member of the NationalCommand of Syria's ruling Ba'thParty, he is held in al-Mene militaryprison, Damascus, and is one of agroup of people who either served inor were connected with the previousSyrian Government and were arrestedreportedly for refusing to cooperatewith the present rulers. During theearly part of their imprisonment theyare reported to have been torturedand denied medical treatment.

Amnesty International's work is based on the United Nations Universal Declaration of Human Rights. Theorganization has formal relations with the United Nations (ECOSOC), UNESCO, the Council of Europe,the Organization of African Unity and the Organization of American States.

for iner 12 years and another 300 heldfor between two and nine years.

Once arrested, political suspects faceindefinite incommunicado detention and

Pattern of arrests/Ws new report on Syria describes apattern of arbitrary arrests by the securityforces using the State of Emergency Lawwhich has been in force throughout thecountry for more than 20 years. Syriancitizens are liable to arbitrary arrest orabduction and no one can depend on theprotection of the law, the report says.

A/ has collected the names of over3,5(X) people reported arrested anddetained without trial in a two-yearperiod up to December 1981. Arrests onthis scale result from the power securityforces have to seize any suspect at anytime without immediate reference to acent ral aut hority.

The organization has received reportsof relatives being held hostage whilesecurity forces sought political suspects.Such hostages have included wives andyoung children—and in one case threerelatives were held hostage in detentionfor six years before being released in1980.

Those arrested may be held withoutcharge or trial for years—at the end ofOctober, Al was working for the releaseof 17 people held in preventive detention

possible torture. Even their whereaboutsmay remain secret.

,41's report list s 23 methods of ill-treatment and torture reported by formerdetainees, including electric shocks,burnings, whippings with braided steelcable, sexual violations and the forcingof detainees to watch relatives beingtortured or sexually assaulted.

Extracts from testimonies by 12 formerdetainees who alleged torture are cited inthe report. They include a 15-year-oldschoolboy who said he had been whippedand that his interrogator had threatenedto gouge out his eyes if he did not revealhis father's whereabouts.

Another former detainee describes asound-proofed torture chamber inAleppo equipped with "torture tools",including electrical apparatus, pincers,scissors, a machine used for sexual viol-ation and an implement for "ripping outfinger-nails".

Persistent allegations- 1he extent, consistency and detail ofthe allegations which AI has receivedpersistently over the years—some sup-ported by medical evidence—leads theorganization to conclude that torture isfrequently inflicted in the course of inter-rogating arrested individuals, both inorder to extract a confession and as apunishment.

Al is concerned also about reported"disappearances" in Syria as well asabout political killing of selected indi-viduals or groups by the security forceswho have also reportedly been respon-sible for the killing abroad of severalopponents of the Syrian Government .

1he report cites six cases of allegedmass political killings said to have beencarried out by the authorities betweenMarch 1980 and February 1982.

A/ believes there is an urgent need forthe Syrian authorities to control, super-vise and monitor the activities of the

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2 SYRIA BRIEFING SYRIA BRIEFINGsectiruY forces, V. hose noviers under thecountry's emergency legislation haveheen wArd tor Aidespread idolmions UIhuman rights

Security forcenetworks

State ofEmergencyLaw

al-Mene prison, Damascus, and fled toIraq. Seven of his relatives were arrestedimmediately afterwards —four were heldfor up to a year and three were held forsix years before being released.

More recently, four brothers, 'AM al-Qassim, 'Abd al-Majid and

Satoh, were detained in June 1980 whileMilitary Intelligence searched for theirbrother, 'Abd al-Jalil, who had fled thecountry. At the time of the 41 report'sgoing to press, they were reportedly stillin detention—but the rest of the familydid not know their whereabouts.

Detention withouttrial

Kamel Hussein, former Syrian ambassa-dor to France and member of the RegionalCommand of the Syrian Ba'th Party. . . he has been held under preYentivedetention since mid-I971.

Dr Nour al-Din al-Atassi, former Presi-dent and Prime Minister of Syria andSecretary General of the Syrian BelliParty, has been held without charge ortrial for more than 12 years at al-Meznmilitary prison, Damascus. He is one of17 detained former government officialswhose release 41 is at present seeking—all have been held under preventivedetention since late 1970-early 1971.

any response and partly for fear ofreprisals by the local security forces.

- The thousands of arbitrary arrestsand detentions of political suspectsin Syria have been carried out underthe State of Emergency IAD% (SEE)which has been in force since March1963.

Under this law "all powers ofinternal and external security" areput at the disposal of a Martial LawGovernor (the Prime Minister) whois appointed by the President. TheMartial Law Governor delegatesemergency functions to the Ministerof the Interior, who in turn fulfilsthe role of Deputy Martial LawGovernor.

These two officials may issue "writtenorders" for, among other things:

"The placing of restrictions on free-dom of individuals with respect to meet-ings, residence, travel and passage inspecific places or at particular times.Preventive arrest of anyone suspected ofendangering public security and order.Authorization to investigate persons andplaces. Delegation of any person to per-form any of these tasks" (Article 4a ofthe SEL).

entand torture

There are several security force net-works in Syria, each with its ownbranches, detention cells and inter-rogation centres throughout thecountry, and each possessing itsown intelligence service.

These networks operate indepen-dently and there appear to be noclear boundaries to their areas ofjurisdiction.

For example, the activities of al-Mukhaharat af'Askariyya (MilitaryIntelligence) have not been limited tomatters affecting the armed forces buthave included the arrest and interrogationof members of prohibited political partiesand, after April 1980, of members ofmedical and engineers' associations.

The Saraya al Difa"an al-Thawra(Brigades for the Defence of the Revol-ution), headed by the President's brother,Rif'at al-Assad, and said to have betweenI 5,(XX) and 25,000 members, are based inDamascus primarily to protect the Presi-dent—but they were reportedly active inAleppo during house-to-house searchesin March 1980 and are also alleged tohave taken part in a massacre of prisonersat Palmyra (Tadmur) prison in June1980.

l'he Saraya al Dtfa' are described by anumber of Syrians as being above thelaw of the land and answerable only toRif'at al-Assad.

Al has received reports that membersof these forces are regularly sent abroadto monitor the activities of Syrian politi-cal exiles and to impede such activitiesthrough harassment and even violence.

Arresting agentsArticle 4a therefore permits wide powersof arrest and preventive detention to bedelegated to members of the securityforces—who carry out most arrests of apolitical nature in Syria.

3my body, mv head and my legs with ahraided copper cable until I passedout He threw water on me to reviveme and continued to beat me. Theycarried me back to the cell as I couldnot move. On the third day theyapplied electricity. Hies: tied me downon a piece of wood cut into the shapeof a human and used electricity totorture me."(Student from Aleppo detained from7 August to 3 September 1980.)

"They raised my feet and canedthem until they bled . kicked me,strapped and blindfolded, from thetop of the stairs to the bottom . applied electricity to the sensitive partsof my body."(Shopkeeper from Aleppo detainedfrom 5 to 26 May 1980.)

"My hands and feet were tied andmy feet whipped until they becameswollen. My torturer threatened togouge out my eyes if I did not tellthem where my father was .(15-year-old schoolboy held for twodays in August 1979.)

"I was stripped naked. I was put int he dullah and caned. My wrists werethen tied and I was hung up andwhipped on my back and all over mybody. . . Next day I was strapped toa wooden apparatus nicknamed Bisatal-Rih (flying carpet) and caned andwhipped. I was beaten on the toesuntil my nails fell out."(A trader detained from January toApril 1980.)

"The torture room is square and issituated inside another room which issound-proofed . . . Inside there is anelectrical apparatus, a Russian toolfor ripping out finger-nails, pincersand scissors for plucking flesh and anapparatus called al-'Abd al-Aswad(the black slave) on which they forcethe torture victim to sit. Whenswitched on, a very hot and sharpmetal skewer enters the rear. . . ."(Student from Aleppo detained from28 July 1979 to 8 March 1980.)

However, although the Martial LawGovernor is invested with "all powers ofinternal and external security" by theSEL, he does not appear to have overallcontrol of security branch activities andit is not at all clear to what extent securityforce commanders are answerable tohim or to their respective ministries—theMinistries of the Interior and of Defence.

Most reports received by Al suggestthat whereas in theory these commandersare directly responsible to their ministriesand via them to the Martial Law Gov-ernor, in practice they answer only to thePresident, via the Presidential SecurityCouncil.

This body is chaired by the Presidentand appears to be the means whereby theheads of the security forces receive theirorders.

rbitraarrests anddetentions

Denial of rightsduring detentionL al procedures

Although Syria's state of emergencyhas produced a number of specialmeasures and led to an expansion ofexecutive powers which are not partof normal criminal procedure, theSEE does not suspend existing legalor administrative procedures—thesecurity forces are still legally boundto operate within the limits of existinglaws and established procedureswhen arresting and detaining suspects.

For example, under the SyrianCode of Criminal Procedure anyonewho is arrested has the right to seeand keep a copy of the arrest warrant.

In practice, however, in most cases

of political imprisonment that havecome to A /'s attention, no warrantor other authorizing document wasproduced at the time of arrest.

In a few cases, former detaineeshave told A/ they were shown a listwith their names on it—but thisusually took place after the actualarrest, during interrogation.

A/ believes that details about arrestsmade by the various local branches ofthe security forces are seldom for-warded immediately to a centralauthority and are sometimes delayedfor weeks or months.

The impunity with which securityforces may arrest any suspects atany time and hold them withoutimmediate reference to a centralauthority has led to a pattern ofarbitrary arrests and the routineinfringement by those forces of thefundamental rights of people incustody.

The extent of such violations maybe gauged from reports received byAI that relatives—including youngchildren—have been arrested bysecurity forces and held hostagewhen suspects themselves could notbe found.

In December 1974 Hamud Qabani, aminister in the previous government whohad been arrested in June 1971, escapedfrom the military hospital attached to

AI believes that Article 4a of the SULis used to detain arbitrarily a wide rangeof people, including non-violent criticsof the government.

In many cases such detentions havelasted months or several years.

At the time of going to press, Al wasworking for the release of 17 people whohad been in preventive detention for over12 years and of over 300 similarlydetained without trial for between twoand nine years.

A/ knows too of a number of cases oftried political prisoners who have beenkept in prison after the expiry of theirsentences on the specific instructions ofthe Deputy Martial Law Governor orPresident.

Zuhair al-Shulak, a Syrian lawyer fromDamascus who was reportedly sentencedin 1971 to five years' imprisonment by astate security court, remained in prisonafter completing his sentence and waseventually released only in April 1980.

Al believes that in many cases theactual decision to prolong the detentionwithout trial of arrested individuals istaken not by a central authority inDamascus but by local security forcecommanders.

Former detainees have told the organ-ization that the security forces, to helpthem prolong periods of detention, haveblank Preventive Detention Orders signedby the Deputy Martial Law Governor towhich the names of detainees may beadded after arrest.

The dates on these orders are report-edly filled in at the time of the detainee'srelease, understating the length of timespent in detention.

This means the vast majority of non-violent political detainees are held with-out trial under the authority of thesecurity forces without any chargesagainst them or any further legalproceedings.

Their families and lawyers may appealto the local commander of the securityforce, the Deputy Martial Law Governoror the President, but there is no legalright to claim wrongful detention andchallenge the lawfulness of the arrest.

Families of detainees have told A/ theywere reluctant to approach higher auth-orities partly because they did not expect

Detained security suspects are notbrought to court and there appearsto be no established procedurewhereby a detainee can appeal to anoutside authority against ill-treatmentduring detention.

Allegations of torture or ill-treatment are therefore made onlyafter the detainee has been released,which is often months or severalyears after the event.

Ever since its 1978 mission to Syria,when it expressed concern in detail aboutallegations of torture to the Syrian auth-orities, A/ has continued to receivereports of torture or ill-treatment ofprisoners by the security forces.

The following are extracts taken fromseparate statements made to Al by 12former detainees, arrested and detainedat various times since July 1979.

"They tied my hands behind myback and put me in the dullah la sus-pended tyre through which theprisoner is forced). They beat my legsuntil I passed out. I could not walk.On the second day they tied my feetand hung me upside down from a treefor about two hours. One of them thencame back and whipped me all over

In most cases brought to Ai's attention,people arrested by the security forceshave not been told, on arrest, the officialreason for the arrest. At first, while stillin custody of the arresting authority, thedetainee is kept incommunicado, oftenin solitary confinement.

There appears to be no clear limitunder the procedures followed duringthe state of emergency to the length oftime detainees may be held incommuni-cado—this may last days, several monthsor even years.

By October this year, Riad al-Turk,First Secretary of the prohibited Com-munist Party Political Bureau, had beenheld incommunicado without charge or

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4 SYRIA BRIEFING

trial for three years, since his arreston 28 October 1980. lie is alleged tohave heen tortured and twice taken tointensive care units in Damascus hospitalsfor treatment. Al the time of going topress, his family did not know hiswhereabouts.

I.ormer detainees hase reportedwas during the early stage otincommunicado detention thatwere ill treated or tortured

worldwide campaigntheir transfer from a prison in the townOf Deft al-Zor, eastern Syria, to anunknown destination three months aftertheir arrest in March 1980. Their where-abouts have been unknown to their fam-ilies tor the past three years.

that itthen

thes Extrajudicialkillings

Disappeareddetainees

Ars report cites six cases of allegedmass political killings said to havebeen carried out by the securityforces between March 1980 andFebruary 1982.

They include the reported killing

on 27 June 1980 of between 6(X) and1,(X)0 inmates of Palmyra Prisonsuspected of belonging to the bannedMuslim Brotherhood. The forceresponsible for the alleged massacre

is said to have included 350 com-mandos of the Saraya al Dila'.

Fhe report refers also to thousands of

killings in February 19142, when the authorities announced that their forces hadcrushed an uprising in the town ofIlarna. According to various estitnates,betsseen 10,000 and 25,(XX) people diedbefore order was restored.

The four other cases refer to reportedkillings in the towns of lisr al -Shughurin March 1980; Sarmada in tub/ 1980;Aleppo in August I 980; and Hama in

April 1981./1/ has not been able to investigate

fully the precise circumstances ot thekillings alleged to have been carried outby the security. forces in these cases—hutit is deeply concerned about the patternand increasing number of such reports.

In earlier years, the organization askedthe Syrian Government to set up a corn-mission of inquiry to investigate the factsand make puhlic their findings, but thegovernment did not respond to suchrequests.

Since early 1980, A/ has receivedreports about the "disappearances"of detainees following their arrestby the security forces, in manyinstances following the sealing offof whole areas of towns, house-to-

house searches and widespreadarrests of the inhabitants.

Detainees have frequentlY beentaken away in lorries to unknowndestinations, and their families andlawyers hase in many cases remainedignorant of their whereabouts forweeks, months and sometimes years.'fins has given rise to fears that theymay have been ill-treated or torturedor that they may be dead.

Attempts by relative; or lawyers todiscover the whereabouts of newlyarrested detainees are often hindered bythe fact that prisoners are held incom-municado for prolonged periods andthat they are regularly transferred fromone place to another.

Officials have also frequently deniedthat the person concerned had beenapprehended or was in custody, and haverefused either to investigate such casesof "apparent kidnapping" or to reportfully the results of an investigation.

A/ has the names of 38 youths whoare reported to have "disappeared" after

Human rights are a human responsibility. Whenever they are violated people are the victims. They and theirfamilies need practical help.

The protection of human rights is an international responsibility. This principle is accepted by majorworld bodies such as the United Nations; governments are now publicly accountable to the worldcommunity for protecting the rights of their own citizens. That accountability includes accepting the rightof international organizations to ask questions and express concern when people's rights are curtailed.

Amnesty International works on the basis of the universal human rights standards which the internationalcommunity has proclaimed. If a state is violating those Standards, Amnesty International comes to thedefence of the victims.

Amnesty International began in 1961 with a newspaper article, "The ForgottenPrisoners", by British lawyer Peter Benenson. He urged people everywhere to beginworking impartially and peacefully for the victims of political persecution. "Open yournewspaper any day of the week and you will find a report from somewhere in the worldof someone being imprisoned, tortured or executed because his opinions or religion areunacceptable to his government," he wrote. Within a month more than a thousandpeople from various countries had sent in offers of practical help. They were ready tohelp collect information on cases, publicize them and approach governments. Whatstarted as a brief publicity effort became a growing international movement.

Amnesty International now has more than 500,000 members, supporters and subscribers in over 160countries and territories. They come from all walks of life, reflecting a wide variety of points of view. Mostare organized into small local groups. There are now more than 3,000 groups in Africa, Asia, the Americas,Europe and the Middle East. Each group works on behalf of prisoners held in countries other than its own—emphasizing the need for international human rights work. No group or member is expected to provideinformation on their own country, nor do they have any responsibility for action taken or statements issuedby the international organization concerning their country.

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Amnesty International relies for its funding on donations from members and supporters. Its financialindependence is vital to ensure its political independence. By far the greatest part of the movement's fundscome from small, individual donations, membership fees and local fund-raising efforts. It does not seek oraccept government money for its budget.

1 his photograph, taken after the authorities had announced that their forces hadcrushed an uprising in the town of Hama in February 1982, shows buildings reducedto rubble in the ancient quarter of Nedra. Most of the quarter is reported to have beendestroyed by artillery fire and tanks during the first four days of fighting. A/ hasreceived information alleging that Saraya al-Difa' troops summarily executed a num-ber of Hadra residents on 19 February.

You can add your name to Amnesty International's growing campaign. You can become a subscriber, join a local group, send in a donation and support our worldwide appeals. Use the coupon below.

Reco endations Please detach this form and return to the Amnesty International section in your country or to: Amnesty internationalPublications, 1 Easton Street, London WC1X 8DJ, United Kingdom.

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I enclose a donation of to help sustain Amnesty International's continuing researchand action in defence of human rights. (Please make cheques or money orders payable toAmnesty International.)

In its memorandum to the Syrian Government of 26 April 1983, Al made the following recommendations.

I. That steps be taken to enforceexisting legislation which requires theproduction of arrest warrants andprovides those arrested with directappeal machinery against wrongfularrest; that the Syrian Governmentconsider revoking all provisions forthe preventive detention of politicalprisoners and that, until preventivedetention is abolished, the names ofindividuals arrested or released bepublished regularly in the press; thatin all cases relatives be informed

Name

prevent abuses by the security forcesbe carried out and an impartial inves-tigation be initiated into complaintsabout abuses or excesses by thesecurity forces and allegations of tor-ture or ill-treatment; that thoseresponsible for the infliction of tor-ture be brought to trial and adequatecompensation be made to the victims.

4. Thal a full and impartial investi-gation be instituted into all casesmentioned in 4 /'s memorandum ofalleged "disappearance" and extra-judicial execution; and that the find-ings of the investigation be madepublic and those responsible punished.

Address

immediately of the arrest of theprisoner and the place of detention;that current detention cases bereviewed in order to release all thosedetained for the non-violent exerciseof their human rights.

That legal provision be madefor any arrested individual to haveimmediate access to a lawyer; thatclose relatives be notified of the arrestand allowed to visit the detaineewithin 48 hours of arrest and thatregular visits be permitted throughoutthe detention period.

That an examination of currentlegislation and practice designed to

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activities depend on meticulous research into allegations of human rights violations. The International

Secretariat in London (with a staff of 150, comprising some 30 nationalities) has a Research Department

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also sends fact-finding missions for on-the-spot investigations and to observe trials, meet prisoners and

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if proved wrong on any point is prepared to issue a correction.

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