Sentencing of Mr. Ali Saleh Al-Abdallah

SYR 002 / 0311 / OBS 033

Sentencing to prison / Arbitrarydetention

Judicial harassment

Syria

March 14, 2011

The Observatory for the Protectionof Human Rights Defenders, a joint programme of the International Federationfor Human Rights (FIDH) and the World Organisation Against Torture (OMCT),requests your urgent intervention in the following situation in Syria.

Description of the situation:

The Observatory has been informedby reliable sources about the sentencing to prison of Mr. Ali SalehAl-Abdallah, writer and member of the National Council of the DamascusDeclaration for Democratic National Change (NCDD), a collective pro-democracymovement calling for peaceful democratic reforms in Syria.

According to the informationreceived, on March 13, 2011, Mr. Ali Saleh Al-Abdallah was sentenced by theSecond Military Criminal Court in Damascus to three years of imprisonment, for“spreading false and exaggerated news that weaken national sentiments” and“spoiling Syria's relations with another country” under Article 278 of theCriminal Code for a statement made to a news agency from his prison cellcriticising human rights violations during Iran's 2009 presidential election.He will serve a sentence of one year and a half due to the credit for the timealready served prior to the decision.

The Observatory expresses itsdeepest concern about the sentencing of Mr. Ali Saleh Al-Abdallah and hisongoing arbitrary detention, which seems to merely aim at sanctioning his humanrights activities.

The Observatory further fears forMr. Ali Saleh Al-Abdallah's physical and psychological integrity and calls uponthe Syrian authorities to take prompt action in order to immediately andunconditionally release him, as well as all human rights defenders presentlydetained in the country. This condemnation illustrates once more the extremeharassment faced by human rights defenders in Syria

Background information

On December 17, 2007, Mr. Ali SalehAl-Abdallah was arrested and on October 29, 2008, he was sentenced to two yearsand a half of imprisonment, together with 11 other leaders of the NCDD oncharges of “spreading false and exaggerated news that weaken nationalsentiments” under Article 286 of the Criminal Code .

On June 17, 2010, instead of beingrelease, Mr. Al-Abdallah was transferred into military jurisdiction and newcharges were brought against him allegedly for making a press statement frominside the prison regarding Iranian elections in 2009. Since then, he is heldin the Central Damascus Prison of Adra.

Actions requested:

Please write to the Syrianauthorities, urging them to:

i. Guarantee inall circumstances the physical and psychological integrity of Mr. Ali SalehAl-Abdallah;

ii. Ensure theimmediate and unconditionally release of Mr. Ali Saleh Al-Abdallah since hisdetention is arbitrary as it only aims at sanctioning his human rightsactivities;

iii. Put an end toany acts of harassment, including at the judicial level, against Mr. Ali SalehAl-Abdallah and more generally against all human rights defenders in Syria;

iv. Conform withthe provisions of the UN Declaration on Human Rights Defenders, adopted by theGeneral Assembly of the United Nations on December 9, 1998, especially:

- its Article 1, which states that “everyone has the right, individuallyand in association with others, to promote and to strive for the protection andrealization of human rights and fundamental freedoms at the national andinternational levels”,

- its Article 6 (b) and (c), which states that “Everyone has the right,individually and in association with others […] as provided for in human rightsand other applicable international instruments, freely to publish, impart ordisseminate to others views, information and knowledge on all human rights andfundamental freedoms and [...] to study, discuss, form and hold opinions on theobservance, both in law and in practice, of all human rights and fundamentalfreedoms and, through these and other appropriate means, to draw publicattention to those matters”.

- and its Article 12.2, which provides that “the State shall take allnecessary measures to ensure the protection by the competent authorities ofeveryone, individually and in association with others, against any violence,threats, retaliation, de facto or de jure adverse discrimination, pressure orany other arbitrary action as a consequence of his or her legitimate exerciseof the rights referred to in the present Declaration”;

v.Ensure in allcircumstances respect for human rights and fundamental freedoms in accordancewith international human rights standards and international instrumentsratified by the Syrian Arab Republic.

Addresses:

·President, His Excellency Bashar Al-Assad,Presidential Palace, al Rashid Street, Damascus, Syria Arab Republic, Fax: +96311 332 3410

·Minister of Defence, His Excellency General, Ali HabibMahmud, Ministry of Defence, O mayyad Square, Damascus, Syrian Arab Republic,Fax: +963 11 223 7842

·Minister of Justice, His Excellency Mr. Ahmad HamodYounes, Mazeh “Otstrad”, Damascus, Syrian Arab Republic, Fax: +963 11 666 2460

·Minister of Foreign Affairs, His Excellency WallidMu’allim, Ministry of Foreign Affairs, al-Rashid Street, Damascus, Syrian ArabRepublic, Fax: +963 11 332 7620

·Ambassador Faysal Khabbaz Hamoui, Permanent Mission ofthe Syrian Arab Republic to UN in Geneva, 72 rue de Lausanne, 1202 Geneva,Switzerland, Fax: +41 22 738 42 75, Email: mission.syria@ties.itu.in

·Embassy the Syrian Arab Republic in Brussels, 1 avenueF.D. Roosevelt, 1050 Brussels, Belgium, Tel: +32 2 554 19 22; Fax: +32 2 648 1485

Please also write to the diplomaticmission or embassy of the Syrian Arabic Republic in your respective country.

***

Paris-Geneva, March 14, 2011

Kindly inform us of anyaction undertaken quoting the code of this appeal in your reply.

To contact theObservatory, call the emergency line:

E-mail: Appeals@fidh-omct.org

Tel and fax FIDH + 33(0) 1 43 55 25 18 / +33 1 43 55 18 80

Tel and fax OMCT + 41(0) 22 809 49 39 / + 41 22 809 49 29