Alkarama today called on the WGAD to review its Opinion adopted in 2006. WGAD was urged to declare Mr Rastanawi's four years of detention as arbitrary because it results from his criticism of the Syrian authorities' human rights violations and because his trial violated several guarantees required for a trial to be fair.

Alkarama also called on the United Nations Working Group on Enforced and Involuntary Disappearances (WGEID) to request that the government clarify the fate and whereabouts of Mr Rastanawi with his family and with the human rights community who continue to be concerned.

Context

Nizar Rastanawi is a 49 years old human rights activist and member of the Arab Organization for Human Rights in Syria.

On 18 April 2005, Mr Rastanawi was arrested on his way home to Morik by members of the Intelligence Military Security services from Hama. His family and observers agree that the reasons for his arrest were his extensive human rights work and his criticism of the government's policies. The authorities did not recognize detaining him until 2 May 2005, when Mr Rastanawi's car was spotted at the offices of the Security branch.

According to Alkarama's information, Mr Rastanawi was subjected to torture and inhuman and degrading treatment during the interrogation and investigation before his trial. He was charged by the Syrian authorities with "spreading false news".

On 22 September 2005, the Working Group on Arbitrary Detention (WGAD) addressed a communication to the Syrian government regarding the case of Mr Rastanawi. The Syrian government responded that he had been released. The WGAD thus announced, with Opinion 35/2006 (Syrian Arab Republic) adopted on 16 November 2006, that they were filing the case.

However, four days later, on 19 November 2006, the State Security Court sentenced Mr Rastanawi to four years in prison - he had never been released. Mr Rastanawi served his
sentence in Sednaya prison, about 30 km from Damascus, and was to be liberated on 18
April 2009.

On the 5 July 2008, a riot took place in Sednaya prison which was violently repressed causing the death of up to 25 detainees and at least 1 member of the security forces. For a year following this riot, the prison was completely closed to any family visits, and the families of the detainees were given no information as to the fate of their relatives. The family assumed that he was still detained in this prison.

Mr Nizar Rastanawi was supposed to be released on 18 April 2009, having served the whole of his four year sentence. However, he was not released and the prison authorities no longer recognized detaining him. They failed to provide Mr Rastanawi's family with any news regarding neither his fate nor his whereabouts.

Alkarama remains concerned at the continued repression and harassment which human rights defenders are subjected to in Syria. The cases of Mr Haithem Al-Maleh and Mr Al-Hassani are other examples of this. Mr Al-Maleh is also condemned for "spreading false news" and Alkarama fears that he could suffer from a similar treatment if the Syrian authorities do not change their ways.

Alkarama therefore calls on the Syrian government to immediately release Mr Nizar Rastanawi and to cease the harassment of human rights defenders in Syria.