Syria ratified the International Covenant on Civil and Political Rights (ICCPR), in April 1969. The ICCPR authorises the proclamation of a state of emergency but only in strictly limited circumstances: "in time of public emergency which threatens the life of the nation" (ICCPR article 4).

Yet, Syria proclaimed a state of emergency in 1963, and the government continues to use the powers given to it and the security forces under these laws to repress civil and political rights in Syria. This state of emergency allows for the arrest and trial before military courts of individuals who, as exemplified by Mr Al Maleh, are struggling to defend and promote the noblest values which lie at the very foundation of the Charter of the United Nations.

For this reason, Alkarama has bought this case directly to the attention of the highest moral authority of the United Nations, its Secretary General, for him to intervene with the Syrian authorities on behalf of Mr Haithem Al Maleh.

We also hope that the Syrian government will be asked to explain how the state of emergency in place in Syria for more than 46 years can be justified in relation to their obligations under Article 4 of the ICCPR.

Context of Mr Haithem Al Maleh's Case

According to Mr Al Maleh's family, his lawyers and local observers, he was abducted following a phone interview he gave on 12 October 2009 to a Syrian opposition television channel, during which he criticized the continued repression of freedom of expression in the country and the use of the State of Emergency laws to justify numerous human rights violations.

According to our information, Mr Al Maleh also played an important role in advocating for the signing of a separate Memorandum of Understanding which would require adherence to human rights principles alongside the signing of the European Union Association Agreement with Syria which was due to be signed in October 2009. Mr Al Maleh worked closely with many of the EU member states to achieve this, which in turn led Syria to refuse to sign the Association Agreement with the EU. We believe that the role he played in this was a further cause for his arrest.

Alkarama for Human Rights submitted the case of Mr Al Maleh to the UN Special Procedures Working Group on Enforced Disappearances and the UN Special Procedures Working Group on Arbitrary Detention. Our organisation has undertaken advocacy both regionally and internationally on behalf of Mr al Maleh. However, more than three months later, his situation still remains unchanged.

Alkarama calls on the Syrian authorities to immediately release Mr Al Maleh and to cease harassment of human rights defenders in Syria.