19 November 2010

Syria: Dr. Tohama illegally arrested 15 years after sentencing in absentia

Tohama
Alkarama submitted Dr Tuhama Mahmoud Ma'ruf's case to the UN Special Rapporteur on freedom of opinion and expression today. Dr Tohama was arrested on 6 February 2010 allegedly due to her membership to Syria's Communist Labor Party. In addition to her political activities, she is the wife of political detainee and former Syrian writer Bakr Sidqi. Political opposition groups are frequently targeted by the Syrian authorities, arresting members and often delivering heavy sentences as a result.

Alkarama has requested that the Working Group on Arbitrary Detention render an "opinion" regarding the arbitrary nature of Dr Tuhama's detention, in an effort to lobby for her release.

Dr Tuhama, 46, was first arrested in 1992 and released a year later. At the time, the State Security Court delivered a sentence against her for six years imprisonment with hard labor. However, the Syrian authorities never re-arrested or imprisoned her, which most likely led to her most recent arrest in February 2010, despite the period of limitation on criminal penalties having elapsed.

The Syrian Penal Code stipulates in Article 162, that the statute period of limitation for criminal punishments is double that of the sentence ordered by the Court, however, cannot exceed either 20 years or be under 10 years. The statue period of limitation is in any other case is ten years.

In this case, Dr Tuhama was sentenced to 6 years in absentia on 5 January 1995 and then later arrested on February 2010, i.e. 15 years after her sentence (three years beyond the 12 years of her statute period of limitation) and therefore contrary to Article 162 of the Syrian Penal Code. Her arrests clearly does not fall within the period of statute limitations.

Moreover, her arrest is contrary to the minimum standards of human rights, particularly articles 19 and 22 of the International Covenant on the Civil and Political Rights, as well as Articles 38 and 39 of the Syrian constitution, which guarantee freedom of expression and the right to assembly.

In its submission to the Working Group on Arbitrary Detention, Alkarama further argued the fact that the Dr Tuhama was the victim of an unfair trial before the Supreme State Security Court (SSSC). The SSSC is widely considered as illegitimate, as it does respect the minimum standards of human rights, especially the right to appeal, defense and other elements of a fair trial as guaranteed under Articles 9 and 14 of the International Covenant on Civil and Political Rights.

Alkarama calls for the release of all Syrian political detainees, arbitrarily detained for having expressed their opinions - either political, religious or human rights - and strongly condemns the campaigns waged by the Syrian authorities against non-ruling parties, especially human rights activists and political opponents.

Mauritania - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Accessed on 17.11.2004
Optional Protocol: No

State report: Due on 01.11.2017 (2nd)
Last concluding observations: 20.11.2013

Convention against Torture (CAT)

CAT: Accessed on 17.11.2004
Optional Protocol: Yes
Art. 20 (Confidential inquiry): No
Art. 22 (Individual communications): No

State report: Due on 31.05.2017 (2nd)
Last concluding observations: 18.06.2013

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

CED: Ratified on 03.10.2012
Art. 33 (Inquiry procedure): Yes

State report: Overdue since 03.11.2014
Last concluding observations: N/A

Universal Periodic Review (UPR)

Last review: 11.2010 (1st cycle)
Next review: 2015 (2nd cycle)

National Human Rights Institution (NHRI)

Commission Nationale des Droits de l'Homme (CNDH) – Status A

Last review: 05.2011
Next review: 2016