A/HRC/18/53
political and social structure” (art. 306). While the Code of Criminal Procedure required
suspects to be brought before a judicial authority within 24 hours of arrest or released,6 on
21 April 2011 it was amended to allow for suspects to be held for up to seven days pending
investigation and the interrogation of suspects for certain crimes, renewable for up to a
maximum of 60 days.7
18.
Moreover, the State of Emergency Law8 provided for the detention of suspects for
crimes that are not defined by this or other laws, including “crimes committed against State
security and public order” and “crimes committed against public authorities”.9 The Law
permitted Government agencies to “monitor all types of letters, phone calls, newspapers...
and all forms of expression”, to “impose restrictions on the freedom of persons...[to hold]
meetings”, to “evacuate or isolate certain areas” and to “seize any property or real estate”.10
It also allowed the security forces to hold suspects in preventive detention without judicial
oversight for indefinite periods. It should be noted in this respect that, on 21 April 2011, the
Syrian authorities lifted the State of Emergency Law and abolished the Supreme State
Security Court,11 even though the law itself remains in force.
19.
Secondly, the security and intelligence agencies, responsible for reported atrocities
committed over time and particularly since March 2011, continue to enjoy immunity from
prosecution under laws that remain in force under Legislative Decrees Nos. 14/1969 and
69/2008.
D.
Context of protests: political and human rights background
20.
The Constitution of the Syrian Arab Republic confers on the executive authorities
sweeping powers that cannot be challenged effectively by the legislature and the judiciary.
The President of the Republic selects and dismisses ministers and the Prime Minister;
appoints Supreme Court justices; appoints higher civil servants, security and intelligence
personnel; dissolves at will the unicameral People’s Assembly (parliament); and enjoys
parallel legislative privileges allowing him to bypass the Assembly. The executive
authorities control most other institutions, including schools, universities, social and health
services, student and trade unions, professional organizations and the media.12 Even though
6
7
8
9
10
11
12
6
Code of Criminal Procedure, Law No. 112 of 1950 as amended, arts. 104 (1) and (2). The detaining
authority violating this provision may be prosecuted for the crime of deprivation of personal liberty
(Code of Criminal Procedure, art. 105), punishable by imprisonment for one to three years (Penal
Code, art. 358).
Legislative Decree No. 55/2011, amending article 17 of the Code of Criminal Procedure.
Legislative Decree No. 51 of 22 December 1962 introduced the State of Emergency Law, which came
into force on 8 March 1963. Article 1 of the Law declared that “a state of emergency may be declared
in wartime, in the event of a war-threatening situation or in the event that security or public order in
the territories of [the Syrian Arab Republic] or in part thereof is subjected to danger because of
internal riots or public disasters”. The abolition of the Law, effective upon the adoption of Legislative
Decree No. 161 on21 April 2011, had been one of the protestors’ key demands.
State of Emergency Law, art. 6. Other offences include “crimes violating public trust” and “crimes
that constitute an overall hazard”.
Article 4 (d). The Government laid siege to Dar’a and other cities and towns after the lifting of the
emergency law was announced.
Legislative Decree No. 47/1968 established the Supreme State Security Court, which operated outside
the framework of the judicial system and whose verdicts were not subject to appeal. It was abolished
by Legislative Decree No. 53/2011.
With a few exceptions, “civil society organizations” are also run by individuals close to the ruling
group, as is part of the private sector.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents