A/65/44 detainee upon admission and any changes thereto, the time and place of interrogations, with the names of all interrogators present, as well as the date and time of release or transfer to another detention facility. (8) The Committee is deeply concerned at numerous reports of torture, ill-treatment, death in custody and incommunicado detention of people belonging to the Kurdish minority, in large part stateless, in particular political activists of Kurdish origins. The Committee is further concerned that convictions of some Kurdish detainees pronounced by military courts have been passed on vague charges of “weakening national sentiment” or “spreading false or exaggerated information”. Moreover, the Committee notes with concern reports of a growing trend of deaths of Kurdish conscripts who have died while carrying out their mandatory military service and whose bodies were returned to the families with evidence of severe injuries (arts. 1, 2, 12 and 16). The State party should take urgent measures to ensure prompt, thorough, impartial and effective investigation into all allegations of torture, ill-treatment, death in custody, death during military service and incommunicado detention of people belonging to the Kurdish minority, in particular of political activists of Kurdish origins, and to prosecute and punish law enforcement, security, intelligence and prison officials who carried out, ordered or acquiesced in such practices. Furthermore, the State party should amend or abolish the vague security provisions under the Syrian Criminal Code that unlawfully restrict the right to freedom of expression, association or assembly. Fundamental legal safeguards from the outset of detention (9) While noting that Prison Regulation No. 1222 guarantees the right of prisoners to communicate with their lawyers and family members as well as visiting rights, the Committee is seriously concerned that in practice these provisions do not provide all detainees with all fundamental legal safeguards and that they are not applied from the very outset of the detention. Such legal safeguards comprise the right of detainees to have prompt access to a lawyer and an independent medical examination, to notify a relative, to be informed of their rights at the time of detention, including about the charges laid against them, and to appear before a judge within a time limit in accordance with international standards (art. 2). The State party should promptly take effective measures to ensure that all detainees are afforded, in practice, all fundamental legal safeguards from the very outset of their detention, including the rights to have prompt access to a lawyer and an independent medical examination, to notify a relative, to be informed of their rights at the time of detention, including about the charges laid against them, and to appear before a judge within a time limit in accordance with international standards. State of Emergency (10) Notwithstanding the information provided by the State party delegation during the dialogue, the Committee expresses its concern that the State of Emergency, issued by Legislative Decree No. 51 of 22 December 1962 and amended by Decree-Law No. 1 of 9 March 1963, which was intended to apply to exceptional circumstances where there is an internal or external threat to national survival, now has quasi-permanent nature and allows the suspension of fundamental rights and freedoms. The Committee notes with concern that the State of Emergency attributes broad emergency powers to various branches of the security forces outside any judicial control, which in practice leads to serious breaches of the Convention by State authorities. In particular, the Committee is concerned that the State of Emergency is inconsistent with the commitments undertaken by the Syrian Arab Republic under article 4 of the International Covenant on Civil and Political Rights and GE.10-44721 129

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