CAT/C/SYR/CO/1
the provisions of the Convention and international standards for courts of law, in
particular, that the persons brought before this court are granted all fundamental
legal safeguards, including the right to appeal against decisions of the Court,
otherwise it should consider abolishing this Court.
Independence of courts and tribunals
12.
The Committee is concerned by information that the lack of judicial independence
and arbitrary procedures have resulted in the systematic violation of the right to fair trials.
In addition judges do not enjoy immunity according to the provisions of Legislative Decree
40, issued on 21 May 1966 and they can be transferred by an order which is not subject to
any form of review (arts. 2 and 11).
The State party should, as a matter of urgency, adopt all necessary measures to
protect the independence of its courts and tribunals, as well as the independence and
immunity of judges, in accordance with international standards.
Immunity from prosecution
13.
According to information before the Committee, Legislative Decree No. 61 of 1950
and Decree No. 64 of 2008 grant members of intelligence agencies, including military, air
and public security forces, de facto immunity from prosecution for crimes committed while
they were on duty. The Committee is deeply concerned at a widespread impunity
preventing prosecution for crimes committed on duty, including torture and ill-treatment, in
total violation of the provisions of the Convention (arts. 2, 4, 12, 15 and 16).
As a matter of urgency, the State party should take vigorous steps to rescind the
decrees legalizing immunity for crimes committed on duty which result, in practice, in
impunity for acts of torture committed by members of security services, intelligence
agencies and police. Furthermore the State party should carry out prompt, impartial
and thorough investigations, bring the perpetrators of such acts to justice and, where
they are convicted, impose sentences commensurate with the gravity of the acts
committed.
Monitoring and inspection of places of deprivation of liberty
14.
The Committee notes that the Ministry of Justice, the Ministry of Interior and the
Prosecutor General are empowered to inspect prisons to verify that inmates are being
treated humanely. The Committee is nevertheless concerned at the lack of systematic,
effective and independent monitoring and inspection of all places of detention (arts. 11 and
12).
The Committee calls upon the State party to establish a national system to effectively
monitor and inspect all places of detention and follow up on the outcome of such
systematic monitoring. This system should include regular and unannounced visits by
national and international monitors, in order to prevent torture and other cruel,
inhuman or degrading treatment or punishment.
Secret detention centres
15.
The Committee is also concerned at reports that the State party has established secret
detention facilities under the command of intelligence services, such as the Military
Intelligence service, the Political Security Directorate, the Directorate General of
Intelligence Services and the Directorate of Air Force Intelligence Services. The centres
controlled by these services are not accessible by independent monitoring and inspection
bodies, and are not subject to review by the authorities. The Committee is further concerned
that detainees are deprived of fundamental legal safeguards, including an oversight
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