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
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