A/HRC/18/53
Thus, 10,433 detainees are included in the amnesty decrees issued and were immediately
released according to the list mentioned above. Consequently, this does not include
detainees for violations and misdemeanors, or pending cases of crimes for which detainees
might benefit from partial amnesty coverage at the moment of sentencing. They could get
amnesty for half or quarter of the sentence. In addition, this does not include those evading
justice unless they surrender within the periods specifies by the decrees. It should also be
noted that crimes of treason, espionage, terrorism and rape are not included in this amnesty.
Those two decrees are most comprehensive and extensive when compared to all previous
decrees related to amnesty in the country. It is noteworthy that the general amnesty decree
issued on 31 May 2011 has included all leaders and members of illegitimate political
organizations and associations with the exception of terrorist organizations using means of
terror to reach their objectives. The Government of the Syrian Arab Republic in its plan to
include all parties of the Syrian society in a comprehensive national dialogue has included
members of the Muslim Brotherhood Party in its general amnesty, despite the fact that the
party in question had used, for decades, terror, murder and destruction as principal means –
among others- to achieve its goals in the country. Detainees of the Communist Labor Party
have received the same amnesty. Decisions to facilitate return to Syria for those who are
included in this amnesty are issued and all procedures related to security clearances for
Syrian citizens are lifted.
5.
Following abolition of the State of Emergency Law, as it was mentioned previously,
criminal court procedures under the Syrian judicial law remain the basis for arresting crime
suspects. This includes detainees arrested for participating in riots, sabotage and terrorism
in the so-called peaceful demonstrations currently taking place in Syria. When it comes to
peaceful protestors, who are demonstrating according to the rules of the law, no arrests
were conducted except for few cases where demonstrators have broken rules related to the
legislative decree number (54) of 21 April 2011, regulating citizens’ peaceful
demonstration rights, detainees are immediately released, while recidivists are released in
five days of their arrest. When demonstrations are not peaceful, regulations provided by the
Syrian penal code as mentioned in the legislative decree number (148) of the year 1949 will
be applied by the judiciary instances on a case by case basis. Syria is often subject to
activities of terrorist groups, who are equipped with the latest weapons and technologies.
They propagate organized violence which is in opposition to international laws and Syrian
laws alike and they are supported by unprecedented misleading mass media campaign. It is
unreasonable for any sovereign state to be asked not to respond to insurgents’ terrorist
attacks reaching its citizens, both military and civilians, and sabotaging public service
buildings, or not to bring those criminals to justice.
6.
Legal procedures adopted by law enforcement bodies in Syria following the
abolition of the State of Emergency Law and applied to situations of arrests and detentions
conform to legislations dictated by Syria’s criminal code. All security forces and police
follow article 8 of the law in question which constitutes the basis for the work of the
attorney general. The members of law enforcement bodies are charged, according to Article
number 6 of the same law, with investigating, collecting evidence, arresting criminals and
bringing them to court to be judged. We have no detainees unlawfully arrested with regards
to peaceful demonstrations. If your question concerns individuals who have used weapons
or terrorist acts against the state, it is an entirely different matter. Yet even for those who
have committed terrorist acts, we are ready to cooperate. We need to receive specific names
and information to be able to deliver documents concerning the persons in question. We
cannot respond to claims which lack the basis of reasonable evidence.
7.
Concerning Hamza Al-khateeb, we inform you that this person was participating in a
terrorist attack on a residential suburb in the Dara’a province the moment he was killed. He
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