Dijon on 23 January 2009
FREEDOM FOR KURDISH LINGUIST DARWESH
XALIB
AND
FOR ALL POLITICAL PRISONERS IN SYRIA
Dedicated to my brother
Kone Resh and Kurds all prisoners in Syria
Yesterday the President of the Republic Mr Nicolas Sarkozy
had a telephone conversation today
with Syrian President Bashar Al-Assad, to discuss
international efforts to consolidate
the current ceasefire in Gaza. But Mr. President,
did not take into consideration the statement of democratic
organizations on Human Rights in
Syria. While the Syrian authorities continue to harass and persecute
political activists and defenders of human rights. Torture
and ill-treatment is
practiced with impunity. The trials for prisoners of
conscience ignore the international
standards of fairness. Among all these violations, we can not make an
exhaustive list here as they are numerous, serious violations of freedom
of opinion and expression are systematic. Arrests
frequently afflict all dissenting
voices especially intellectuals and writers and
journalists Kurds The Kurdish
linguist, Mr Derwesh Xalib was taken from home
by the Syrian security
force in Qamishli (South West Kurdistan) (Syria) last
Tuesday
13th Jan 09 and is still in detention. The security forces have again
raided his home last Thursday
15th Jan 09 and confiscated all his books, writings and transcripts.
Mr Derwesh Xalib is
59 years old, he is a linguist and computer engineer, he has five children
and has dedicated his live to serve the Kurdish
language. He has run a lot
of Kurdish language courses during the last few
years, even though the kurdish
language is forbidden in Syria. He is not related
to any political parties.
He has established the Committee for Learning the
Kurdish Language, which has helped hundreds of young Kurdish
men and women to learn the Kurdish
language.
Mr Derwesh Xalib at graduation learning in Kurdish
Mr Derwesh Xalib has
been a member of the Kurdish PEN Centre for years and has great contribution
to the cause of the Kurdish language.
Amnesty International
has high on Wednesday October 29 against the conviction of twelve activists
democracy two and a half years in prison by a Syrian
penal tribunal.
The militants, all
members of the Damascus Declaration for National
Democratic Change (DDDNC) Syrian opposition group, were convicted,
following an unfair trial,
weakening nationalist sentiment and disseminating
false or exaggerated news
that could affect the morale of the country. Amnesty
International considers that the twelve activists are prisoners
of conscience, detained solely for
having called for democratic reforms and respect
human rights. The organization
will continue its campaign for their release.
As we have already
written, in Syria, Kurdish detainees are routinely
accused of wanting to link
a part of Syrian territory to a future independent state
of Kurdistan.
The fate of our compatriots
is an inseparable element of all the peoples of Kurdistan. We know
that the four Kurds were arrested in March 2006 after
participating in a demonstration
in Afrine, in the governorate of Aleppo (north)
on the eve of the Kurdish
festival of Newroz, and then accused of attacking a
patrol Security. ONDH and
Syrian League for the Defense of Human Rights (LSDDH)
have called for the "removal" of this exceptional
court whose judgments are final.
The
LSDDH asked the Syrian government to "take urgent measures
to ensure civil and political
rights of the accused" and "close the file of political
prisoners by releasing all",
in a statement.
The truth is that
the world public knows the fate of the Kurds in Kurdistan
South East since 16 March 2004, when Syrian security forces
to Qamishlo, in Aleppo and Haseke in the north,
and Damascus Order * hundreds of men, including young people as young
as fourteen, were arrested at their homes. Their
families remain without news
of them. According to Amnesty International, it is
feared that those who died
were victims of deliberate killings and excessive use
of force.
"It is likely
that the victims and those arrested were targeted because
of their Kurdish origin, said Amnesty International. The prisoners may
be subjected to torture and other ill-treatment, especially as their whereabouts
remain unknown.
"Amnesty International
calls for independent and impartial investigation be
conducted into the killings and that those responsible are brought
to justice in accordance with international standards for fair trial.
"The Syrian authorities
must inform the people involved in the place where
prisoners are detained to prevent them from becoming victims of
abuse or further violence erupting," urged the organization of human
rights .
According to the report
by Amnesty International,
Kurds continued to
suffer from discrimination based on their identity,
including restrictions on the
use of their language and culture. Tens of thousands
of Kurds in Syria were
de facto stateless and therefore do not benefit fully from
their economic and social
rights which our member Mr. Derwesh Xalib is a
victim of colonialism regime
Bashar El-Assad
• According to information
received in March 2008 the Kurdish artist Sheerzad
Amr Salah was arrested and mistreated in the local security
services in Aleppo, after
attending a concert.
• Eight Kurds were
reportedly arrested on April 5, then
held for ten days at the premises of the Political
Security in Damascus. They alleged, it seems, wear
bracelets in the colors of
the Kurdish flag.
Arbitrary arrests
and detentions Political Prisoners
About 1 500 people
were arrested for political reasons, some were considered
prisoners of conscience. Hundreds
of others arrested in previous years, were detained. The majority of the
roughly 170 people convicted in the year after
grossly unfair trials before
the Supreme Court of State security or to criminal
courts and military, it
seems, militant Islamists.
• On 11 March, the
Supreme Court of State Security has convicted 24 men
from the area of Qatana,
near Damascus, to belong "to a group in order to
change the economic structure
and social the State "and" weaken national
sentiment ". These men
were convicted solely on the basis of "confessions"
that they had been extracted
under torture. They were sentenced to between four and
twelve years imprisonment.
Arrested between May and November
2004, they had been held incommunicado
for over a year at the premises of the Palestine
Branch, a branch of military service in Damascus, where torture
and illtreatment are systematically inflicted
on inmates. The Supreme Court of State Security
has ordered no investigation into allegations of torture made
by thesemen.
• On 10 May, a criminal
court recognized Kamal al-Labwani guilty of "conspiracy or communicating with a foreign country to attack
Syria" and sentenced to twelve years'
imprisonment. The charge was related to a visit by the
man in Europe and the
USA in 2005. During his stay, he met with organizations
of human rights and
government officials and called for peaceful democratic
reform in Syria. Kamal al-Labwani
had already spent three years in prison for participating in the reform movement
of non-violent "Damascus Spring" in 2000
and 2001.
• On 13 May, a criminal
court acknowledged Michel Kilo and Mahmoud Issa
guilty of "attack the nationalist sentiments" and
sentenced to three years' imprisonment. They
were part of a group of 10 signatories of the "Beirut-
Damascus
Declaration" adopted in May 2006, a text signed by 300
Syrians and Lebanese
advocated normalization of relations between the two countries.
• On the forty people
arrested for their participation, on 1 December,
at a meeting of the National Council
of the Damascus Declaration for National Democratic
Change, a body comprising several organizations banned, seven
were still being held
incommunicado at the end of the year.
Working Group on Arbitrary
Detention
We learned in February
that the Working Group on Arbitrary Detention [UN]
had declared in May 2006 that Riad Drar al-Hamood was detained
arbitrarily, because his trial
did not meet international standards of fairness and
condemnation sanctioned only exercise
the right to freedom of expression. Riad Drar al-Hamood
was convicted by the Supreme Court of State Security in April
2006,
membership in a "secret society" and "spreading
false news" and "inciting sectarian strife factions"
and sentenced to five years' imprisonment. These
charges were related to a
speech at the funeral of Sheikh Muhammad Ma'shuq
al-Khiznawi, a Kurdish cleric,
who was killed after being abducted. In June, the
Working Group concluded qu'Ayman Ardenli, imprisoned for three
years without charge, had
been detained arbitrarily, his imprisonment is "devoid
of any legal justification."
He also suggested that Muhammad Zammar was detained for nearly five years
without charge before being sentenced on 11 February
by the Supreme Court of State Security to twelve years imprisonment,
detention was arbitrary, because
its trial did not meet international standards of
fairness (see below).
Freedom of expression
Freedom of expression remained under severe restrictions.
• On 17 June, Maher
Isber Ibrahim, Tareq al-Ghorani, Hussam Ali Mulhim,
Diab Siriyeh, Omar Ali al-Abdullah, Allam Fakhour and Ayham
Saqr, who were brought before
the Supreme Court of State Security, were convicted
of ' "have taken
steps or make a written or oral statement that could put the
state in danger or harm to
its relations with a foreign country or exposure to hostile
action." They were arrested
for having participated in the creation of a panel of
young people and published
articles on the Internet in favor of democracy.
Maher Isber Ibrahim and Tareq al-Ghorani were also convicted
of "disseminating false information" and sentenced to seven
years' imprisonment. Their
five co-defendants were sentenced to five years imprisonment. Arrested in
early 2006 by agents of
the Intelligence Service of the Air Force, they were held
incommunicado until November 2006.
At their trial, they returned on their "confessions" in detention, saying that they had been obtained
under torture and duress. The Supreme Court
of State Security, however, has ordered no investigation and identified the
"confessions" as evidence.
• On 31 December, Faeq al-Mir, leader of the People's Democratic Party,
was convicted by a criminal court
of "spreading false information affecting the
nation." He was, it seems
to have telephoned a Lebanese politician to offer his
condolences following the assassination
of a Lebanese minister. He was sentenced to eighteen months
imprisonment.
• On 7 June, members
of the Military Intelligence Service have arrested
Kareem
Arabji, apparently because he hosted the site www.akhawia.net, a youth forum on the Internet.
The man was still held incommunicado at the end of the
year.
Torture and ill-treatment
As in previous years,
prisoners were tortured and mistreated, five people
died in custody, apparently
as a result of such abuse. The authorities have taken
no steps to investigate
allegations of torture.
• Aref Dalilah, sixty-four
years, was held in solitary confinement in a small cell at Adra prison,
where he was serving a sentence of ten years imprisonment for participating
in the "Damascus Spring". He suffered from
diabetes and hypertension,
as well as the aftermath of a stroke, but was deprived
of medical care required.
• The body of Abd
al Moez Salem was returned to his family in Areeha
July 4. The funeral took place in the presence of officers
of military intelligence who have not allowed
the relatives of the man to see the body or to prepare it
for burial. Abd al Moez Salem
had believed he was detained incommunicado for
almost two years, particularly
in the offices of the Palestine Branch.
• Aref Hannoush, sixteen
years, was part of a group of nine young people were
tortured and mistreated during
their detention in Damascus in August. These young people have complained
of being crammed into cells in degrading conditions, having been deprived
of sleep and access to toilets. They were also
beaten and subjected to
particularly Dulaba (the tire), an ordeal in which the
victim is suspended in a
tire and beaten.
Violence and discrimination
against women
We learned in January
that the Minister of Social Affairs and Labor banned the Syrian Women's
Association, which existed since 1948. In February,
the minister dissolved
the Organization of social initiative, another group of
women's rights. He refused
in September to allow five non-governmental
organizations, including the Organization
to assist women and victims of domestic violence.
In February, the grand
mufti of Syria, Sheikh Ahmed Badreddin Hassoun,
condemned the "honor"
crimes and said that the presence of four witnesses was
necessary to prove adultery.
He added that he had asked the Minister of Justice
to appoint a commission
to amend the legislation relating to "honor" crimes.
In June, the Committee on the Elimination of Discrimination
against Women [UN] has recommended to the Syrian
authorities several measures. He asked the authorities to amend or repeal
discriminatory laws, including certain provisions
of the Personal Status
Code, the Penal Code and the Nationality Law, and to
ensure that marital rape
is a crime and erected that the perpetrators of "honor"
crimes are not exempt from
punishment or do not have a remission of sentence.
He also asked the authorities to set up shelters and services
for women victims of violence, and enable
organizations of women's rights and human rights to
operate independently of
government.
Human rights defenders
Several organizations
of human rights continued their unauthorized activities. Their members remained
at risk of being arrested, harassed and banned from traveling abroad.
• On 24 April, Anwar al-Bunni, a lawyer and director of the Syrian
Center for Studies and Legal
Research, was convicted by a criminal court of "spreading
false information liable
to harm the nation." He was sentenced to five years'
imprisonment. This charge was related
to a statement made in April 2006
about the death in custody
of Muhammad Shaher Hays, apparently as a result of illtreatment
or torture. Anwar al-Bunni is considered a prisoner of conscience.
Prison guards have beaten on 25 January.
• On 1 November, the authorities have prevented Muhannad al-Hasani,
Khalil Maatouq, Mustafa Osso, Radif Mustafa and Hasan Masho,
lawyers specialized in human rights to
visit Egypt to attend a workshop organized by the
International Federation Human Rights (FIDH) and the Institute
for Studies on Human
Rights in Cairo.
Death Penalty
The death penalty
was still applied for a range of crimes. At least seven
people were executed, it
appears in public. They had been sentenced after unfair
trials that took place before
a military tribunal of exception. The defendants
brought before this court
does not have a lawyer and have no right to appeal
decisions.
• On 25 October, five
prisoners - Radwan Hassan Abd al-Qadr Muhammad
Khalif al Kheiro Fares, Abd al Faisal
Abd al Hai Hai, Saleh Youssef Mahmoud and Ahmed
Hassan Khallouf - were hanged in public in Aleppo.
The last two, which had not more than eighteen years at the
time of their execution, were probably
juvenile offenders. According to Syrian media,
the anguished had committed
"several murders and armed robberies and had
terrorized innocent citizens."
Enforced
The authorities had
still not provided information on the fate of some 17000
people - mostly Islamists - victims of enforced disappearances
after arrest in the late 1970s and early
1980s, nor that of Hundreds of Lebanese and Palestinians
detained in Syria or abducted from Lebanon by Syrian forces
or Lebanese
and Palestinian militias.
Park Therefore, Mr
President, the French presidency of the European
Union and the establishment of the Union for the Mediterranean
to France a unique opportunity to play
a leading role for the promotion of human rights in
region. During
your speech, you are committed to "defend human rights
wherever they are ignored
or threatened." In Syria, the human rights situation
is extremely worrying.
In this country, those
who are fighting peacefully for the recognition of
their fundamental freedoms
need your support. For all these reasons, we ask
you to intervene with President Bashar al-
Assad to the following steps be taken:
1
/ The immediate and unconditional release Mr. Derwesh Xalib was a
member of the Kurdish PEN Center for years and has a great
contribution to the cause of the Kurdish language. of Anwar al Bounni,
Michel Kilo and Mahmoud Issa, and all prisoners
of conscience,
2
/ The protection of all detainees against torture and ill-treatment,
3
/ The cessation of all forms of harassment and persecution of defenders of
human rights,
4
/ Compliance by Syria of its international commitments to human rights.
Dr Ali KILIC, Dijon,
on 23-01-2009
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