CAT/C/SYR/CO/1
(arrested in September 2002 in the United States of America, where he was detained
without legal procedure for 15 days before being deported to Jordan and then to the Syrian
Arab Republic). The Committee is concerned that they were detained and allegedly tortured
in the largest detention centre controlled by the intelligence services, the Military
Intelligence Palestine Branch Centre, due to suspected links with Al-Qaida. The Committee
notes with concern that no investigation has been undertaken on this case and no
compensation has been provided to the victims. The Committee notes with concern the
failure of the State party to conduct a full and effective investigation on this case (arts. 12,
13 and 14).
The Committee urges the State party to institute a prompt, thorough and impartial
investigation into the cases of Ahmed Al-Maati, Abdullah Almalki and Maher Arar in
order to ensure that all persons allegedly responsible for violations of the Convention
are investigated and brought to justice. The Committee recommends that such
investigations be undertaken by independent experts in order to examine all
information thoroughly and reach conclusions as to the facts and measures taken and
to provide compensation to victims.
24.
The Committee is concerned about the prolonged detention in the case of
Abdelkader Mohammed Sheikh Ahmed, who served his sentence and should have been
released in 1979 but who, according to the information before the Committee, was still in
prison in 2004. The Committee regrets that no further information about this case was
provided in the dialogue (art. 12).
The Committee urges the State party to provide information about the current
situation of Abdelkader Mohammed Sheikh Ahmed, and to institute a prompt,
thorough and impartial inquiry into the case and on the reasons for him not being
released after having served his sentence. The Committee recommends that such
investigations be undertaken by independent experts in order to examine all
information thoroughly, to reach conclusions as to the facts and measures taken and
to ensure that those responsible for the violations are brought to justice.
Lack of legal protection of women and impunity for crimes committed in the name of
“honour”
25.
The Committee notes with concern that the State party report lacks information on
the legal regime and practice affecting women. The Committee expresses its concern on
numerous reports informing that violence against women, as a form of discrimination, is a
widespread problem in the State party and that the law reform process has been delayed,
namely the amendment of the Personal Status Act, Penal Code and Nationality Act, and as
a result, a culture of impunity towards domestic and gender-based violence has evolved. In
this respect, the Committee expresses its serious concern that crimes, where a family’s
“honour” is thought to be breached, often go unpunished, and when they are, the sentences
are far less than those for equally violent crimes without this “honour” dimension (arts. 1,
2, 4 and 16).
The Committee calls upon the State party to put in place comprehensive measures to
address all forms of violence against women and enact, as soon as possible, legislation
on violence against women, including on domestic violence. The Committee further
calls upon the State party to amend, without delay, applicable provisions of the Penal
Code to ensure that perpetrators of “honour” crimes do not benefit from a penalty
reduction under article 548. The Committee also urges the State party to ensure that
“honour” crimes are treated as seriously as other violent crimes with regard to
investigation and prosecution, and that effective prevention efforts are put in place.
9