A/HRC/18/53
of 60 days by order of attorney general on a case by case basis. According to code of
criminal justice regulations, law enforcement officials are bound to bring suspects to a
judge at the end of seven days. In the absence of realistic or legal obligations, specific to a
single investigation, it is permitted to keep suspects beyond the period of seven days. The
public prosecutor needs to be informed of details of the investigation and, if necessary,
could be asked for an additional detention period for further questioning and collection of
evidence. He could then accept or refuse the demand for extension, in which case, the
suspect will be immediately referred to a court of law.
To sum up what was stated in relation to the points in question, we would like to convey
that the abolition if the State of Emergency Law will result in no emergency arrests related
to public safety or national security crimes taking place in Syria. Only texts mentioned in
the criminal justice code will be applied to mechanisms and justifications of pre-trial
detention. Generally speaking, those regulations prohibit arresting suspects for over 24
hours before they are presented to court to become in the custody of law, the regulations in
question allow for extension of detention period after the approval of the attorney general
and in accordance with the nature and outcome of investigations. This applies to most
crimes mentioned under the Syrian law. Exceptions include detention periods and detention
mechanisms related to crimes affecting national security or public safety. As for the legal
procedures used in implementing the abolition of the State of Emergency Law, all cases
currently deliberated before the Supreme State Security Court are transferred to relevant
judicial authorities according to criminal justice regulations. Suspects in these cases are also
transferred to their respective provinces to stand in courts with relevant competencies, to be
judged according to procedures dictated by the Syrian penal code.
2.
Concerning general amnesty implementation, it is up to respective prosecution
authorities in every region and province in Syria to execute rules of general amnesty
according to the content of the legislative decree issued in this regard, and the directives
provided by the Syrian penal code and regulations of criminal courts. Immediately
following the issuing of the general amnesty decree, detainees who will be granted amnesty
will be considered; records of their cases in prisons, court registers and public persecution
offices will be opened; and the attorney general will issue appropriate decisions for
immediate release (for those to whom general amnesty applies for the whole period of their
sentences). As for those who are partially included in general amnesty decree, their release
will be decided by investigation judges and the competent criminal courts deliberating their
cases, courts make their final decisions, while taking into consideration the effect of general
amnesty on the relevant portion of detainees’ sentences.
3.
Except for a medical committee, no other committee was formed to study individual
cases of detainees who could be included in the general amnesty decree. Prisoners are
invited to submit requests to consider their cases according to the law by the public
prosecutor and competent courts.
4.
A list describing the numbers of prisoners included in the general amnesty decree:
decree number
issue date
Legislative decree number 3 July 2011
34
Number of individuals included
province
number
Damascus
138
Aleppo
244
Damascus country side
Idlib
4’195
97
Homs
57
Hama
185
79
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