A/65/44 under article 2 and other relevant articles of the Convention (arts. 2, 4, 11, 12, 13, 15 and 16). The State party should ensure that the principle of the absolute prohibition of torture is incorporated in its legislation, and ensure its strict application, in accordance with article 2, paragraph 2, of the Convention, which stipulates that no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. Moreover, the State party should take immediate steps to bring the legislation into full conformity with the provisions of the International Covenant on Civil and Political Rights and the Convention. Supreme State Security Court (11) While noting the information provided to the Committee by the State party on the composition, functions and procedures of the Supreme State Security Court, the Committee is deeply concerned at the numerous, consistent and serious allegations that this court fails to function in accordance with the international standards for courts of law. The Committee notes that the Supreme State Security Court was established under Decree No. 47 of 1968 and has been created as an exceptional court outside the ordinary criminal justice system accountable only to the Minister of Interior. The Court, composed of two judges, one civilian and one military, has the competence to adopt sentences and impose penal sanctions for crimes that are very widely defined, such as “weakening the national sentiment” or “awakening racial or sectarian tensions, while the Syrian Arab Republic is at war or is expecting a war”. According to information before the Committee the Court is exempt from the rules of criminal procedure and permits the use of prolonged incommunicado detention without judicial supervision. In addition, lawyers are not allowed to meet with their clients until the trial begins and the decisions of the court cannot be appealed (arts. 2, 11 and 12). The State party should take immediate steps to ensure that the composition and the functioning of the Supreme State Security Court are brought into full conformity with 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). 130 GE.10-44721