at his sister’s home in the same town, where he supposedly learned that the security forces were conducting an intensive search for
him. In the view of the State party there can be no doubt that had the security forces wished to arrest the complainant they would not
have looked for him only at his home but would also have searched the home of his sister, who lived in the same locality. Similarly,
the State party asserts that it is difficult to imagine how the complainant, supposedly being actively sought, would have been able to
prepare an escape for himself and his family while in hiding at his sister’s home.
4.7During the CRA review proceedings, the complainant produced a document from the Al Hasakah security division dated 21
August 1998 (see paragraph 2.6). He stated that an acquaintance of his family, living in Syria and with good relations with secret
service milieux, had obtained the document by bribery. Subsequently the document was supposedly brought through Germany by
another acquaintance as a Polaroid photograph, and from there sent to Switzerland by post. According to the State party, as CRA
stated in its decision of 12 December 2001, it is inconceivable that the complainant could have taken possession of the document,
which was not addressed to him personally and which he himself described as an internal memorandum. For the State party, the
complainant’s explanations of how this Syrian security service document supposedly reached him in Switzerland are extremely vague
and unconvincing. In fact, none of the individuals who supposedly helped to obtain the document is mentioned by name. Moreover,
the links between these individuals and the complainant are not made clear. In addition, no information is given about the bribery
referred to, and, lastly, there is no explanation of why the document had to transit Germany before reaching the complainant in
Switzerland. In view of these inconsistencies the State party takes the view that the document is bogus. Further, in his communication
to the Committee, the complainant makes no claim that would contradict that interpretation. Lastly, according to the State party, it is
to say the least strange that the complainant acquired the document, which dates from 1998, and included it in his file only after the
Federal Office for Refugees (OFR) and CRA had rejected his asylum application. It is thus highly probable that the document was
prepared for the sole purpose of constituting new evidence that would allow review proceedings to be initiated.
4.8Also in the CRA review proceedings, the complainant produced a copy of a judgement of 20 May 1999 by an Al Hasakah court
sentencing him to three years’ imprisonment for belonging to a prohibited organization (see paragraph 2.7). Contrary to the
complainant’s assertions (see paragraph 3.2), the State party affirms that CRA, in its review decision of 12 December 2001,
examined all the documents submitted by Mr. H., including the judgement of 20 May 1999,c and rightly considered that the latter
document was bogus, for the following reasons:
(a)Firstly, its content does not correspond to the statements by the complainant and his wife. The complainants never cited in the
asylum proceedings the imprisonment from 1 to 16 June 1998 mentioned in the judgement. In the examination proceedings
on 21 December 1998 the complainant referred only to imprisonment during his military service in 1987 and further imprisonment in
1996. In answer to the specific question of whether he had been arrested or imprisoned on other occasions, the complainant said that
he had not.d The complainant’s wife, when questioned, also never mentioned any imprisonment of her husband in June 1998. Rather,
she stated that her husband’s most recent arrest had been on 5 November 1996;e
(b)Secondly, the sentence of three years referred to in the judgement exceeds the penalty under Syrian law for the offence for which
the complainant was allegedly sentenced;
(c)Further, the judgement contradicts the security service internal memorandum dated 28 August 1998 produced by the complainant.
It is scarcely credible that, despite being suspected of having founded a secret organization, the complainant was detained for only
two weeks and released on 16 June 1998, only to be sought by the security service for the same offence two months later. Given the
seriousness of the offence of founding a secret organization, the release referred to in the judgement appears more than doubtful. It is,
moreover, surprising that the complainant was sentenced in absentia only on 20 May 1999, that is approximately one year after the
Syrian authorities became aware of his subversive activities;
(d)Lastly, the complainant claims that an official at the court which sentenced him was bribed to make a copy of the judgement. The
copy produced by the complainant is, however, of such poor quality that it could hardly be a copy of an original judgement, but at
most a copy of a document already copied several times previously.
4.9In view of these contradictions and inconsistencies, the State party asserts that the copy of the judgement is clearly bogus.
4.10Regarding the complainant’s political activities outside Syria (see paragraph 2.4), the State party considers that, contrary to the
assertion by the complainants, the photograph of the complainants at a demonstration for Kurdish rights in front of the Permanent
Mission of the Syrian Arab Republic in Geneva proved neither that they took part in the demonstration nor that they engaged in any
political activity in Switzerland. The photograph merely shows that the complainants were present in a location at which a political
demonstration took place, leaving open the question of what demonstration it was. In particular, it does not show what role the
complainants played in the demonstration; their position some way from individuals holding a sign, and the fact that they were
surrounded by young children, suggest, rather, that the complainants were simply spectators at the demonstration. In any event, in the
view of the State party, it could not be concluded from the photograph that the complainants were politically active in Switzerland,
and that as a result they risked punishment if returned to Syria.
4.11Regarding the Amnesty International report of 3 July 2001 (see paragraph 2.8), the State party observes that at the beginning of
the report that organization made it clear that the report made no judgement as to the risks run by the complainants owing to their
activities prior to their flight, since it was not in a position to undertake the necessary investigations. According to Amnesty
International, the risk of undergoing ill-treatment in the event of return to Syria was supposedly based on the complainant’s links with
the Yekiti partyf and his activities in Syria.g In the view of the State party these conclusions are questionable since, as previously
stated, the close links with the Yekiti party and the danger supposedly incurred by the complainants owing to political activity
abroadh have not been established in any way. Regarding measures to which persons returning to Syria after a stay abroad might be
subjected, namely interrogations by various State bodies, and beatings of persons under interrogation,i the State party emphasizes
that these facts are mentioned in general and that the Amnesty International report does not show that the complainants personally ran
a particular and serious risk of undergoing ill-treatment in the event of return to their country. With regard to the situation of Kurds in
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents