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INSTITUT DES DROITS DE L’HOMME DES AVOCATS EUROPÉENS -
ISTITUTO DEI DIRITTI DELL'UOMO DEGLI
AVVOCATI EUROPEI - INSTITUT FÜR MENSCHENRECHTE DER EUROPÄISCHEN ANWÄLTE -
ΙΝΣΤΙΤΟΥΤΟ
ΑΝΘΡΩΠΙΝΩΝ
ΔΙΚΑΙΩΜΑΤΩΝ
ΤΩΝ ΕΥΡΩΠΑΙΩΝ
ΔΙΚΗΓΟΡΩΝ - - INSTITUDO DE
DERECHOS HUMANOS DE
ABOGADOS EUROPEOS - INSTITUT LIDSKÝCH PRAV EVROPSKÝCH ADVOKATU - INSTYTUT
ADWOKATÓW
EUROPEJSKICH NA RZECZ PRAW CZLOWIEKA - INSTITUT FOR MENNESKERETTIGHEDER AF
EROPEAEISKE
ADVOKATER - INSTITUTO DE DIREITOS HUMANOS DOS ADVOGADOS EUROPEUS -
EUROPEAN BAR HUMAN RIGHTS INSTITUTE
28 April 2004
HE Mr.
Bashar al-Assad
President of the Syrian Arab
Republic
Presidential Palace
Abu Rummaneh, Al-Rashid Street
Damascus, Syrian Arab Republic
Fax: + 963 11 332
3410
Your Excellency,
The
21 European lawyers members of the Jury (see list below) * of
the "LUDOVIC-TRARIEUX INTERNATIONAL HUMAN RIGHTS PRIZE " meeting in
Paris House of Lawyers, on April 26th
2004 awarded the nineth "
Ludovic-Trarieux " Prize, created in 1984 (first prize winner Nelson
Mandela then in jail) and awarded every
year to a lawyer, regardless of nationality or Bar, who, by his work,
will have illustrated his activity or his suffering, the defence of human
rights, of defence rights, the supremacy of law, the struggle against racism
and intolerance in any form jointly by the HUMAN RIGHTS INSTITUTES OF THE BAR of BORDEAUX, of BRUSSELS and of PARIS and the EUROPEAN BAR HUMAN RIGHTS INSTITUTE ( IDHAE) ,
to Aktham Naisse (written also Nu'aysa), 53 year old, a human rights defender
and lawyer, chairman of the Committee
for the Defence of Democratic Liberties and Human Rights in Syria (CDF), and
Vice President of the Arab Commission for Human Rights.
We are writing to you to express our
concern at the arrest and detention of Mr. Akhtam Naisse, who has been
accused of "undermining the Revolution, the Arab Unity and
Socialism". Mr. Naisse's arbitrary detention constitutes a violation of
Syria's obligations under international law.
According to the information we have
received, Mr. Naisse was arrested in Latakia on 13 April by members of the
military security service. The reported ground for the arrest was the publication
of CDF's annual report denouncing human rights violations in Syria and a
number of press statements made by CDF members denouncing human rights
violations against Kurdish citizens in the north of the country. Upon his
arrest, Mr. Naisse reportedly suffered a stroke and was taken to a military
hospital in Tishrin, where he received medical treatment. On 21 April Mr.
Naisse was transferred to Saidnaya prison, where he remains in an isolated
individual cell. Mr. Naisse, who needs daily medical treatment due to his
condition, has been allegedly denied access to a lawyer and is not allowed to
communicate with his family.
The
European lawyers members of the Jury * of the "LUDOVIC-TRARIEUX INTERNATIONAL HUMAN RIGHTS PRIZE
" representing the HUMAN RIGHTS INSTITUTES OF THE BAR of BORDEAUX,
of BRUSSELS and of PARIS and the EUROPEAN BAR HUMAN RIGHTS
INSTITUTE ( IDHAE) , are deeply concerned that Mr. Naisse's detention is
unlawful. The International Covenant on Civil and Political Rights (ICCPR),
which Syria has ratified, unequivocally prohibits arbitrary detention. The
charges brought against Mr. Naisse, although established by law, amount to a
form of punishment for the exercise of his legitimate right to freedom of
expression, which is also recognised by the ICCPR. Articles 9 and 19 of the
ICCPR state:
Article
9
1.
Everyone has the right to liberty and security of person. No one shall be
subjected to arbitrary arrest or detention. No one shall be deprived of his
liberty except on such grounds and in accordance with such procedure as are
established by law.
Article
19
1.
Everyone shall have the right to hold opinions without interference.
2.
Everyone shall have the right to freedom of expression; this right shall
include freedom to seek, receive and impart information and ideas of all
kinds, regardless of frontiers, either orally, in writing or in print, in the
form of art, or through any other media of his choice.
3.
The exercise of the rights provided for in paragraph 2 of this article carries
with it special duties and responsibilities. It may therefore be subject to
certain restrictions, but these shall only be such as are provided by law and
are necessary:
(a)
For respect of the rights or reputations of others;
(b)
For the protection of national security or of public order (ordre public), or
of public health or morals.
Lawyers
have the right to voice their concern when they consider that human rights
violations have taken place. In this regard, we would like to draw your
attention to the United Nations Basic Principles on the Role of Lawyers,
which were adopted by the U.N. General Assembly in 1990. Principle 23
recognises the right of lawyers to express their opinion, particularly on
matters concerning human rights
23.
Lawyers like other citizens are entitled to freedom of expression, belief,
association and assembly. In particular, they shall have the right to take
part in public discussion of matters concerning the law, the administration
of justice and the promotion and protection of human rights and to join or
form local, national or international organizations and attend their
meetings, without suffering professional restrictions by reason of their
lawful action or their membership in a lawful organization. In exercising
these rights, lawyers shall always conduct themselves in accordance with the
law and the recognized standards and ethics of the legal profession.
We therefore
urge your Government to immediately and unconditionally release Mr. Naisse.
We furthermore urge your Government to ensure that Mr. Naisse is not harassed
or prosecuted for his legitimate exercise of his right to freedom of
expression. Finally, we request that your Government take all necessary steps
to review the legislation under which Mr. Naisse was arrested with a view to
bringing that legislation into line with international human rights
standards.
Please
receive the assurances of our highest consideration.
Christophe PETTITI Bertrand FAVREAU
General Secretary President
Cc:
His Excellency Major General 'Ali Hammud
Minister of the Interior
Ministry of Interior
Merjeh Circle
Damascus, Syrian Arab Republic
Fax: + 963 11 222 3428
His Excellency Faruq al-Shar'a
Deputy Prime Minister and Minister of Foreign Affairs
Ministry of Foreign Affairs
Al-Rashid Street
Damascus, Syrian Arab Republic
Fax: +963 11 332 7620 / 332 0686
His Excellency Nabil al-Khateb
Minister of Justice
Ministry of Justice
Al-Nasr Street
Damascus, Syrian Arab Republic
Fax: +963 11 224 6250
Mr Ahmad 'Idu, President
Syrian Bar Association
Mayssaloune Street
Damascus, Syrian Arab Republic
Fax: +
963 11 221 4099
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