A/HRC/13/30 Opinion No. Country Government reply 26/2009 Yemen 27/2009 Persons(s) concerned Opinion No Mr. Karama Khamis Saïd Khamicen. Detention arbitrary, categories I and III. Syria Yes Messrs. Sa’dun Sheikhu Mohammad Sa’id Omar and Mustafa Jum’ah. Detention arbitrary, categories II and III. 28/2009 Ethiopia Yes Ms. Birtukan Mideksa Deme. Detention arbitrary, categories II and III; since 29 December 2009 also category I. 29/2009 Lebanon No Messrs. Deeq Mohamed Bere, Mr. Jamil Hermez Makkhou Jakko: detention arbitrary, Ghandl El-Nayer Dawelbeit category III. and Jamil Hermez Makkhou Jakko. Mr. Deeq Mohamed Bere: between 30 May 2008 and an unknown day before 23 July 2009, detention arbitrary, category III. Mr. Ghandl El-Nayer Dawelbeit: between 3 December 2008 and 14 July 2009; detention arbitrary, category III. Case filed (paragraph 17 (a) of the Working Group’s methods of work – persons released). 3. Government reactions to Opinions 11. In a communication dated 18 February 2009, the Government of the Syrian Arab Republic stated that the persons mentioned in Opinions 5/2008,3 Messrs. Anwar al-Bunni, Michel Kilo and Mahmoud ‘Issa, and 10/2008,4 Messrs. Husam ‘Ali Mulhim, Tareq alGhorani, Omar ‘Ali al-Abdullah, Diab Siriyeh, Maher Isber Ibrahim, Ayham Saqr and Allam Fakhour, were detained for reasons that were nothing to do with their activities as human rights defenders, but for committing acts against Syrian citizens, society and the State. All laws throughout the world draw a distinction between humanitarian activities and incitement to unrest. The Government does not have the right to stop the judiciary from exercising its constitutional and legal prerogative to detain and prosecute Syrian citizens who commit offences. Human rights activists and humanitarian workers do not benefit from legal immunity when they commit an offence. 12. The Government of Lebanon, in a note verbale dated 31 August 2009, stated that the 11 Iraqis referred to in Opinion No. 5/20095 had either been voluntarily repatriated, released or handed over to the United Nations. The memorandum of understanding between 3 4 5 8 A/HRC/10/21/Add.1, p. 106. Ibid, p. 126. Addendum 1 to this report. GE.10-10294

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