31 January 2011

Syria: lawyer and human rights defender continues to risk being debarred

Radeef Mustafa, a Syrian human rights lawyer who often defends Syrians prisoners of conscience pro bono, faced being debarred by the Syrian Bar Association under charges of, inter alia, "threatening state security" and "spreading false news". A hearing before the Bar Association was set for 30 January 2011. Fearing that this hearing would be the prelude to other persecutions, Alkarama submitted his case to several human rights mechanisms of the United Nations on Friday 28 January, and transmitted the information to the International Union of Lawyers (UIA) who were to be attending the hearing in Damascus. The hearing was postponed till 3 April 2011, but the threat to Mr Mustafa remains.

Mr Mustafa (aged 43 years) is a lawyer and human rights defender. He is the head of the Kurdish Committee for Human Rights in Syria (Al Rased) and the author of many reports and articles regarding human rights in Syria.

On 28 January 2010, Alkarama submitted Mr Radeef Mustafa's case to the UN Special Rapporteur on the Independence of Judges and Lawyers, to ask him to take urgent action with the Syrian authorities to ensure that Mr Mustafa is protected from all forms of persecution and harassment which affects his personal security as well as his work as a lawyer and human rights defender. Alkarama sent also a communication to the Special Rapporteur on the promotion and the protection of the right to freedom of opinion and expression as well as the Special Rapporteur on the situation of human rights defenders, both of them is concerned by this case.

On 19 December 2010, following a decision by the Bar Association's President (decision No. 1651 of 7 June 2010) Mr Mustafa was interrogated by the Syrian Bar Association's Council - Allepo Branch (Case no. 34/2010). Mr Mustafa is accused of violating many principles and articles of the Syrian Bar Association Charter including "incitement against the Syrian authorities in his articles; broaching topics with a view to undermining national unity and presiding over an organization that is established without an official license". Furthermore, Mr Mustafa was accused of other crimes including "threatening state security" and "spreading false news" of which human rights defenders are usually accused before the Syrian Supreme State Security Court.

Alkarama fears that Mr Mustafa's persecution by the Bar Association may result in him being brought before the Supreme State Security Court as has happened to numerous Syrians human rights lawyers in the past. We refer for example to the case of Mr Haitham Al-Maleh (2010 Alkrama Award) as well as the case of Mr Muhannad Al-Hassani (2010 Martin Ennals Award) who was disbarred from the Bar Association before being sentenced to three years' imprisonment by the Supreme State Security Court.

Four foreign lawyers from the International Union of Lawyers (UIA) attended Mr Mustafa's hearing before the Bar Association's Council on 30 January 2011, but it was unfortunately postponed to 3 April 2011. Alkarama continues to fear that Mr Mustafa could be disbarred from the Syrian Bar Association and may be brought before the Supreme State Security Court. We call on the Bar Association to cease persecuting lawyers for their defence of prisoners of Opinion, and we emphasize that we will continue following this case and informing the relevant special procedures at the united nations about the results.

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