"My father has always contested his detention, saying that the court was not competent to try him and that the charges against him were fabricated", said Iyas Al-Maleh, Haitham Al Maleh's son, "Now the UN has confirmed this, and the government should act, and immediately release him."

The UN Working Group's opinion

The Working Group on Arbitrary Detention's (WGAD) Opinion 27/2010 regarding Haitham Al Maleh was adopted during its last session in November 2010 and published today. The opinion considers the information Alkarama and other organizations had submitted to the Working Group regarding the situation of Haitham Al Maleh. The Working Group highlights that they submitted this information to the Syrian Government for comment, but the Syrian's failed to cooperate and did not respond.

The WGAD now considers Mr Al Maleh's detention to be arbitrary. The Working Group highlighted two main factors which gave the detention an arbitrary nature: the fact that he was being held because of the opinions he expressed and the fact that he had been sentenced following an unfair trial.

Seeing that Mr Al Maleh was arrested following a number of publications in various magazines and a telephone interview on Barada TV in October 2009, and that he was questioned solely about his human rights work during his interrogation by security forces, the WGAD opinion states that:

"The Working Group considers that Mr. Al Maleh was arrested and convicted due to exercise of his right to freedom of expression through the publication of articles and reports critical of the Syrian authorities."

Furthermore, considering the fact that Mr Al Maleh was tried before a Military Court, the opinion states that:

"The Working Group expresses the opinion that, if some form of military justice is to continue to exist, it should be incompetent to try civilians."

Finally, the Working Group renders its opinion, stating that:

"The Working Group requests that Government of the Syrian Arab Republic to take necessary steps to bring Mr. Hytham al-Maleh's situation into conformity with the standards and principles set forth in the International covenant on Civil and Political Rights. The Working Group believes that, taking into account all the circumstances of the case, the adequate remedy would be to release Mr. Haytham al-Maleh and accord him an enforceable right to compensation in accordance with article 9, paragraph 5, of the International Covenant on Civil and Political Rights."

Background information

Haitham Al-Maleh was abducted by security forces on 14 October 2009 and held incommunicado for several days before being brought before a Military Judge to be accused of "spreading false news" and "weakening the morale of the nation". He was later was sentenced by a military court, despite being a civilian, to three years in prison in July 2010. An appeal lodged against the sentence was also rejected. His trial before the military court fell short of international standards for a fair trial.

The UN Working Group's call for Mr Al Maleh's release joins that of Syrian and International NGOs and Governments around the world. "The EU calls for the immediate release of MM. Al Maleh, Al Hassani and Al-Abudullah" Said EU foreign minister, Catherine Ashton in mid 2010, referring to two other HR defenders also detained in Syria.

Alkarama again calls for Mr Al Maleh immediate release.