End Harassment of Prominent Syrian Human Rights Lawyer

Alert Issued: January 19, 2005

UPDATE: Aktham Naisse was acquitted of all charges on June 26, 2005. After numerous delays, the Supreme State Security Court in Damascus has dropped all of the illegitimate and unwarranted charges made against this peaceful human rights activist, as demanded by many international and regional human rights organizations. Human Rights First thanks you for your letters of support.

The Syrian authorities continue to restrict the activities of human rights lawyer and veteran human rights campaigner, Aktham Naisse. On January 16, 2005, his trial before a Supreme State Security Court in Damascus was postponed without warning. Meanwhile, he remains banned from traveling outside of Syria and his movements and communications are closely monitored by the authorities.

Mr. Naisse has spent years in prison for his defense of human rights. He now faces charges of “opposing the objectives of the revolution” and “disseminating false information.”

These charges appear designed to penalize Mr. Naisse for his peaceful activities promoting democracy and human rights in Syria and an end to a state of emergency in force since 1963.

Aktham Naisse is President of the Committee for the Defense of Democratic Liberties and Human Rights in Syria (CDF). He was presented with the 2005 Martin Ennals Award for Human Rights Defenders earlier this month.

Please call on Syrian President, Bashar al-Assad to end the harassment of Aktham Naisse and other human rights defenders in Syria.

Background

The latest prosecution of Aktham Naisse began on April 13, 2004, when he was arrested on charges of “opposing the objectives of the revolution,” “disseminating false information,” and “affiliation with international organizations.” All of these charges relate to his legitimate activities as a human rights defender.

Aktham Naisse is a founding member of the Committee for the Defense of Democratic Liberties and Human Rights in Syria (CDF) that emerged in Syria in 1989 during a period when Arab human rights activists were hopeful that the democratic transformation sweeping Eastern Europe and the former Soviet Union would spread to their region. They were to be disappointed. The CDF was met with harsh repression. Aktham Naisse was sentenced to nine years in prison after an unfair trial before Supreme State Security Court in 1992.

In the period of liberalization that followed the death of President Hafez al- Assad and the coming to power of his son, Bashar al-Assad, in 2000, the CDF was able to begin public activities inside the country, but it has not yet been officially recognized by the government. A particular focus of the group’s work has been to call for an end to the state of emergency, in force in Syria since 1963, that strips away basic rights and freedoms provided for in the Syrian Constitution.

Although there has been more open debate about political reform and human rights under President Bashar al-Assad, the new president has continued to suppress his nonviolent critics, including human rights defenders using the exceptional powers available to him, and to the apparatus of the ruling Ba’ath Party.

The Supreme Sate Security Court (SSSC) granted Aktham Naisse’s release on bail on August 17, 2004, after widespread expressions of international support for him and many public calls for his release. However, the proceedings against him continue. The third charge of “affiliation with international organizations” was dropped as part of a July 2004 amnesty, but the other unwarranted charges are still standing. Mr. Naisse was informed that his trial would resume on January 16, 2005. It has now been postponed until April 26, 2005. While this prosecution continues, Mr. Naisse is barred from traveling to international meetings to pursue his human rights work.

Procedures before the SSSC fall far short of international standards. The judges in such courts are not independent. They are appointed, not by the judicial authorities, but by the National Security Office of the Ba’ath Party. The three judge panel includes a serving military officer. The use of such exceptional courts is a violation of Syria’s obligations as a State Party to the International Covenant on Civil and Political Rights to uphold the right to fair trial “by a competent, independent and impartial tribunal established by law.”

The charges faced by Mr. Naisse constitute clear violations of the U.N. Declaration on Human Rights Defenders, which the Syrian government played an active part in drafting. For example, Article 6(b) provides that: “Everyone has the right, individually and in association with others…freely to publish, impart or disseminate to other views, information and knowledge of all human rights and fundamental freedoms.”

Human Rights First is calling on the Syrian government to lift the restrictions on the legitimate peaceful activities of human rights defenders like Aktham Naisse and to recognize the important contribution made by the CDF and other independent human rights organizations to the promotion and protection of human rights in Syria. The threat of Aktham Naisse’s prosecution in an unfair trial on baseless charges should be removed, and he should be permitted to enjoy the basic rights and freedoms to which he is entitled, and which are essential to his work as a human rights defender.

Letter:

His Excellency President Bashar al-Assad
President of the Republic
Presidential Palace
Abu Rummaneh, Al-Rashid Street
Damascus, Syrian Arab Republic
Fax: + 963 11 332 3410

Dear President Bashar al-Assad:

I am writing to express my deep concern about the situation of human rights defender Aktham Naisse, a founding member of the Committee for the Defense of Democratic Liberties and Human Rights in Syria (CDF). Mr. Naisse was sentenced to nine years in prison after an unfair trial before Supreme State Security Court in 1992.

The latest prosecution of Aktham Naisse began on April 13, 2004, when he was arrested on charges of “opposing the objectives of the revolution,” “disseminating false information,” and “affiliation with international organizations.” All of these charges appear to relate to his legitimate activities as a human rights defender.

The Supreme Sate Security Court (SSSC) granted Aktham Naisse’s release on bail on August 17, 2004, after widespread expressions of international support for him and many public calls for his release. However, the proceedings against him continue. The third charge of “affiliation with international organizations” was dropped as part of a July 2004 amnesty, but the other unwarranted charges are still standing. Mr. Naisse was informed that his trial would resume on January 16, 2005. It has now been postponed until April 26, 2005. While this prosecution continues, Mr. Naisse is barred from traveling to international meetings to pursue his human rights work.

Procedures before the SSSC fall far short of international standards. The judges in such courts are not independent. As you are aware, they are appointed, not by the judicial authorities, but by the National Security Office of the Ba’ath Party. The three judge panel includes a serving military officer. The use of such exceptional courts is a violation of Syria’s obligations as a State Party to the International Covenant on Civil and Political Rights to uphold the right to fair trial “by a competent, independent and impartial tribunal established by law.”

The charges faced by Mr. Naisse constitute clear violations of the U.N. Declaration on Human Rights Defenders, which the Syrian government played an active part in drafting. For example, Article 6(b) provides that: “Everyone has the right, individually and in association with others…freely to publish, impart or disseminate to other views, information and knowledge of all human rights and fundamental freedoms.”

I would like to urge that the Syrian authorities to lift the restrictions on the legitimate peaceful activities of human rights defenders like Aktham Naisse and to recognize the important contribution made by the CDF and other independent human rights organizations to the promotion and protection of human rights in Syria. The threat of Aktham Naisse’s prosecution in an unfair trial on baseless charges should be removed, and he should be permitted to enjoy the basic rights and freedoms to which he is entitled, and which are essential to his work as a human rights defender.

Thank you for your time and consideration. I will continue to monitor this case closely.

Sincerely,