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On November 10,
2009, the Damascus Bar association's disciplinary tribunal issued a
decision to permanently disbar al-Hasani
because he "headed an unlicensed human rights organization
without obtaining the prior approval of the bar association" and
"attended sessions of the State Security Court to monitor its
proceedings without being appointed as a defense lawyer by the
accused." The State Security Court operates outside the ordinary
criminal justice system, with its proceedings closed to the public and
families of detainees.
"The
Damascus Bar Association should be defending lawyers who try to promote
the rule of law in Syria, not punishing them," said Sarah Leah
Whitson, Middle East and North Africa director at Human Rights Watch.
"The bar association should immediately reinstate al-Hasani and work
for his release."
Following the
decision, al-Hasani issued a public
letter from his cell in `Adra jail noting that his role as a lawyer
requires "taking positions to promote the basic rights of the
citizen, including civic, political, social, economic, and cultural
rights."
The bar
association initiated the disciplinary proceedings against al-Hasani on
August 4, a week after State Security, one of Syria's multiple
intelligence services, detained him.
Al-Hasani, 42,
is president of the Syrian Human Rights Organization (Swasiah). He
regularly represents activists and political detainees before the courts
and is a leading monitor of the State Security Court. In the last three
years, Syrian security services have frequently prevented him from
leaving Syria in apparent reprisal for his human rights activities.
The Syrian law
regulating the legal profession requires the bar association to support
the objectives of the ruling Ba`ath Party, although the law grants the
bar nominal independence in other respects.
Information
obtained by Human Rights Watch overwhelmingly suggests that al-Hasani's arrest is
due to his human rights work, particularly his monitoring of trials
before the State Security Court.
TAKE ACTION NOW !
Express
your strong concern in relation to the fate of Mr. Al Hassani, a human
rights lawyer, President of the Syrian Organization for Human Rights
“Sawasiya” and member of the Damascus Bar Association for 15 years.
SEND
A LETTER TO THE ATTENTION OF:
Mr. Nizar Assakkef,
President of the
Syrian Bar Association
Syrian Bar Association
Mayssaloun Street
Ministry of Economic Building
PO Box 7541
Damascus, Syria
Tel: +963 (11) 245 8385
Mr. Mohammad Jihad
Al-Lahham,
President of the
Damascus section of the Syrian Bar Association
Damascus Bar Association,
Damascus-near Cham Palace
Hotel-5th floor,
Damascus,
Phone: +963 11 2229517
Fax +963 11 2222514
LETTER
[Your name here]
Dear Sirs,
We have been informed that the Disciplinary Board of the Bar
Association of Damascus has been examining since August, 11, 2009 a case
concerning Mr. Mohanad Al Hassani and might issue its ruling on
November 10, 2009.
As lawyers, we wish to share our strong concern in relation to the
fate of our colleague Mr. Al Hassani, a human rights lawyer, President of
the Syrian Organization for Human Rights “Sawasiya” and member of the
Damascus Bar Association for 15 years.
Mr. Al Hassani is accused of having failed to request the
President of the Bar Association’s authorisation to create the
above-mentioned human rights organisation, of having attended hearings
before the Supreme State Security Court (SSSC) within the framework of
his judicial observation activities related to the respect of
international standards on fair trial in the absence of any
authorisation, and of having expressed slanderous comments undermining
the image of the State.
We are aware that Mr. Al-Hassani is also facing criminal charges
brought against him by an investigating judge at the end of July for
allegedly “weakening national sentiment” and “spreading false information
that could debilitate the morale of the nation and harm the reputation of
the state abroad”.
Such charges have been frequently used by the judiciary to target
human rights defenders and political dissidents, and we consider them
politically motivated. The fact that the Bar Association’s referral of
the case of Mr. Al-Hassani to its disciplinary board occurred within a
week and was based on similar grounds is therefore of particular concern
to us.
The role of the Bar Association is to defend the role of lawyers
in the society, in particular in their capacity as human rights
defenders, and to promote debates on the law and its implementation. Bar Associations, and in the first row the Syrian Bar
Association, - which is proud to be one of the oldest and most
prestigious legal associations in the Arab world - should ensure that lawyers are not
harassed or persecuted for carrying out their legitimate work as lawyers
or for exercising their right to freedom of expression.
Lawyers have the right to raise
concerns about the fairness of trials or other legal proceedings. It is
also important that members of the legal profession pay particular regard
to exceptional and special courts that operate outside the civilian
judicial system and its rules and procedures. “Muhannad Al- Hassani has
performed his legal functions in accordance with recognised professional
duties, standards and ethics.
The disbarment of Al-Hassani also
constitutes an overall attack on the legal profession in Syria and its
independence. Under international standards relating to the
independence of lawyers and the role of human rights defenders, including
as contained in the United Nations (UN) Declaration on Human Rights
Defenders, adopted by the UN General Assembly on December 9, 1998 and to
the UN Basic Principles on the Role of Lawyers adopted in September 1990.
Article 16 of the Basic Principles provides that lawyers must be “able to
perform all of their professional functions without intimidation,
hindrance, harassment or improper interference” and that they “shall not
suffer, or be threatened with, prosecution or administrative, economic or
other sanctions for any action taken in accordance with recognized
professional duties”.
Without intending to interfere with the competencies or
independence of the Syrian Bar Association we wish to share with you our
strong concerns and urge you to drop all accusations against Mr. Al
Hassani, as they manifestly aim at obstructing his human rights
activities and his right to freedom of expression and association.
We hope that you will take this request into consideration.
Sincerely,
[Signature]
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