Acquittal of Mr. Walid Al Bunni / Ongoing arbitrary detention

Syrian Arab Republic

June 23, 2009

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention on the following situation in Syria.

New information:

The Observatory has been informed by reliable sources of the acquittal of Mr. Walid Al Bunni, a member of the Association of Human Rights in Syria and member of the National Council of the Damascus Declaration for Democratic National Change (NCDD).

According to the information received, on June 17, 2009, the Second Military Criminal Court in Damascus acquitted Mr. Walid Al Bunni, due to lack of evidence, after he had been accused by a prison inmate of having uttered insults and discussed about the Special Tribunal for Lebanon charged with the investigation into the assassination of Lebanese Prime Minister Rafiq Hariri and the Syrian President, the Head of the division of military intelligence, as well as about Syrian-Lebanese relations.

However, the Observatory recalls that Mr. Walid Al Bunni remains detained in Adra Prison since December 17, 2007 following his involvement in the NCDD, a collective pro-rights and pro-democracy movement comprising more than 160 Syrian political activists, human rights defenders, intellectuals and artists, which met on December 1, 2007 to follow-up on the Damascus Declaration for Democratic National Change of October 16, 2005. After publishing its concluding statement, the NCDD was subject to crackdown by the authorities. Starting on December 9, 2007, 40 of its members were arbitrarily arrested by the Syrian State Security Intelligence. Twelve of them, including Mr. Walid Al Bunni, were convicted on October 29, 2008 to two and a half years of prison, and remain detained as of today.

The Observatory is deeply concerned by Mr. Al Bunni’s ongoing arbitrary detention and the continued judicial harassment he faced in prison, which seem to aim at sanctioning his human rights activities. The Observatory therefore urges the Syrian authorities to order the release of Al-Bunni and the members of the NCCD since their detention is arbitrary.

Background information

On May 13 and 28, 2009, the Second Military Criminal Court in Damascus tried Mr. Walid Al Bunni for “weakening the national sentiment” by “issuing calls” or “spreading false or exaggerated information” (respectively Article 285 and 286 of the Syrian Criminal Code), punishable by up to 15 years’ imprisonment.

On May 13, 2009, a first hearing took place, which was dedicated to the interrogation of Mr. Ashour Oqba, the inmate at Adra Prison, who accused Mr. Walid al-Bunni.

On May 28, 2009, several defence witnesses confirmed that the accusations made against Mr. Al Bunni were false. The hearing was then adjourned to June 7, 2009, at the request of the Prosecutor General.

The Observatory recalls that the appearance of Mr Al Bunni before a military court is illegal. The Syrian authorities should ensure that civilians are brought before a civil, competent and impartial tribunal, and that the right to a fair trial is guaranteed at all times, including the right of defence and the right of appeal.

Actions requested:

Please write to the Syrian authorities, urging them to:

1. Guarantee in all circumstances the physical and psychological integrity of Mr. Walid Al Bunni;
2. Release Mr. Al-Bunni immediately and unconditionally since his detention is arbitrary as it only aims at sanctioning his human rights activities;
3. Put an end to any kind of harassment, including at the judicial level, against Mr. Walid Al Bunni as well as against all human rights defenders in Syria;
4. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, and Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
5. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by the Syrian Arab Republic.

Addresses:

• President, His Excellency Bashar al-Assad, Presidential Palace, al Rashid Street, Damascus, Syria Arab Republic, Fax: +963 11 332 3410
• Minister of Defence, His Excellency General, Hassan Ali Turkmani, Ministry of Defense, O mayyad Square, Damascus, Syrian Arab Republic, Fax: +963 11 223 7842
• Minister of Justice, His Excellency Mr. Ahmad Hamod Younes, Mazeh "Otstrad", Damascus, Syrian Arab Republic, Fax: +963 11 666 2460
• Minister of Foreign Affairs, His Excellency Wallid Mu’allim, Ministry of Foreign Affairs, al-Rashid Street, Damascus, Syrian Arab Republic, Fax: +963 11 332 7620
• Ambassador Faysal Khabbaz Hamoui, Permanent Mission of the Syrian Arab Republic to UN in Geneva, 72 rue de Lausanne, 1202 Geneva, Switzerland, Fax: +41 22 738 42 75, Email: mission.syria@ties.itu.in
• Embassy the Syrian Arab Republic in Brussels, 1 avenue F.D. Roosevelt, 1050 Brussels, Belgium, Tel: +32 2 554 19 22; Fax: +32 2 648 14 85

Please also write to the diplomatic mission or embassy of the Syrian Arabic Republic in your respective country.

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Paris-Geneva, June 23, 2009

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

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