Syria: Landmark decision in the fight against impunity

Syria: Landmark decision in the fight against impunity

The verdict of the Higher Regional Court in Koblenz, Germany, convicting a former Syrian official of crimes against humanity, is a significant breakthrough in the fight against impunity for the crimes committed in Syria over the last 10 years, the ICJ said today.

“For the first time since the beginning of the Syrian regime’s bloody, rampant and relentless repression, a Syrian official has finally been held to account for his participation in the regime’s crimes,” said Said Benarbia, Director of the ICJ’s MENA Programme. “While this may seem a small token for victims, it is a resounding warning for other Syrian officials that justice may soon catch up with them.”

On 24 February 2021, Eyad A. was found guilty of aiding and abetting crimes against humanity, including torture and arbitrary deprivation of liberty, and sentenced to four and a half years in prison. Among other things, his conviction is related to the detention of at least 30 Syrians after anti-government demonstrations erupted in March 2011.

“This is an important step in the fight for justice for victims and survivors of gross human rights violations in Syria,” said Bernabia. 

Eyad A. was prosecuted together with Anwar R., the former director of investigations at Branch 251 — a Syrian intelligence branch in Damascus notorious for subjecting detainees to systematic torture and other ill-treatment.

Anwar R. was charged with supervising the systematic torture of over 4,000 people, which resulted in the death of 58 people between 2011 and his defection in 2012. His trial is still ongoing.

The proceedings against Eyad A. and Anwar R. were conducted under the principle of universal jurisdiction, which allows Germany and other States to prosecute an accused person for serious crimes under international law, even when such crimes have been committed abroad and neither the victims, nor the accused are nationals of that country.

“States must act individually and collectively to fill the accountability gap in Syria,” added Benarbia.  “They must support United Nations accountability mechanisms, including the IIIM, and seek out, prosecute and punish those responsible for the atrocities committed in the country.”

Contact

Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org

Asser Khattab, Research and Communications Officer, ICJ Middle East and North Africa Programme, e: asser.khattab(a)icj.org

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Syria-Impunity-Statement-2021-ENG (in English)

Syria-Impunity-Statement-2021-ARA (in Arabic)

Turkey: mass arbitrary arrests for opinions expressed on military intervention in Syria must stop

Turkey: mass arbitrary arrests for opinions expressed on military intervention in Syria must stop

The ICJ has condemned the arbitrary arrest of at least 186 individuals – 24 of whom are still detained solely for their opinions publicly expressed against the Turkish intervention in northern Syria. The ICJ calls for their immediate and unconditional release and for all charges against them to be dropped.

At least 186 individuals had been arrested by Turkish authorities by 16 October after publicly criticizing Turkey’s military intervention in northern Syria.

They are accused of “provoking the public to hatred and animosity”, “carrying out propaganda for a terrorist organization” and “openly degrading the State of the Republic of Turkey” as prohibited by Articles 216, 220, 301 and 314 of the Turkish Penal Code and Article 7/2 of Prevention of Terrorism Law. Further such arrests are reportedly continuing.

Moreover, an investigation was launched against Istanbul MP Sezgin Tanrıkulu, a member of the main opposition Republican People’s Party (CHP), due to his social media messages and statements. HDP co-chairs and MPs were also investigated over “terrorism links” for their statements on the Peace Spring Operation.

“The Turkish Penal Code and Prevention of Terrorism Law in particular with their overly broad definition of terrorism, place excessively restrictive limitations on the exercise of the right to freedom of expression protected under Article 26 of the Turkish Constitution and give law-enforcement bodies sweeping powers to proceed to arbitrary arrests,” said Massimo Frigo, Senior Legal Adviser of the ICJ Europe and Central Asia Programme.

The ICJ is concerned that these arrests have been undertaken in contravention of the right to freedom of expression under article 19 of the International Covenant on Civil and Political Rights (ICCPR) and article 10 of the European Convention on Human Rights (ECHR), treaties to which Turkey is party.

In particular, these restrictions do not appear to be necessary in a democratic society and proportionate, as required by international law.

Detention ordered in breach of these rights is also inherently arbitrary and therefore not in line with Turkey’s obligations to respect the right to liberty under Article 9 ICCPR and Article 5 ECHR.

“These prosecutions violate the Turkish Constitution and international law and should be immediately dropped”, said Massimo Frigo.

“As a priority identified in its Judicial Reform Strategy, Turkey must also quickly abrogate these criminal provisions that cause undue and arbitrary restrictions on freedom of expression,” he added.

The ICJ recalled that the Venice Commission, in its 2016 report, concluded that the provisions of the Turkish Penal Code under which they are charged “provide for excessive sanctions and have been applied too widely, penalizing conduct protected” under international human rights law.

Similar issues were identified last July by Turkey’s Constitutional Court regarding prosecution for terrorism propaganda, of signatories of a petition calling for peace (the “Academics for Peace” petition) in the southeastern part of the country.

The Constitutional Court ruled that the criminal proceedings violated the right to freedom of expression safeguarded by Article 26 of the Turkish Constitution.

Contact:

Róisín Pillay, Director, ICJ Europe Programme, t +32 476 974263; e roisin.pillay(a)icj.org

Syria-Turkey: end operation “Peace Spring” and ensure the protection of civilians

Syria-Turkey: end operation “Peace Spring” and ensure the protection of civilians

Today, ICJ called on Turkey to comply with its obligations under the UN Charter, international humanitarian law and international human rights law, immediately end its military operations in Syria, and protect and ensure the protection of the Syrian civilian population.

The ICJ also reiterated its call on all parties to the Syrian conflict to respect and comply with international humanitarian law and international human rights law.

On October 9, Turkey initiated operation “Peace Spring” in Rojava, the Kurdish-led Syrian Democratic Forces (SDF)-held territory in north-east Syria, with the stated aim of securing Turkey’s border, “fighting terrorism” and facilitating the return of refugees to Syria. Turkey claimed to be acting pursuant to its right to self-defence under article 51 of the UN Charter, as well as UN Security Council resolutions on the fight against terrorism.

The ICJ recalled that none of these UN Security Council resolutions authorizes the use of armed force in violation of international law, and that the UN Charter prohibits the use of armed force by States, save when authorized by the UN Security Council or in self-defence.

Use of force in self-defence is lawful only when necessary to repel an armed attack and when proportionate to such attack. Military operations failing to abide by such requirements are in breach of the UN Charter.

“Turkey’s military operations violate the UN Charter and exemplify how the banalization of the illegal use of armed force continues to erode and dismantle the very fabric of the international legal order,” said Said Benarbia, the ICJ MENA Programme Director.

He added, “Instead of standing by while international law is being violated, the UN Security Council must take swift, appropriate measures to address the situation and to restore and maintain international peace and security.”

While UN Security Council member States have failed to find an agreement on even a statement on Turkey’s military operations in Syria, Turkish military operations continue to have a devastating impact on the general population, including multiple civilian casualties, attacks against civilian objects, including medical facilities and water supplies and infrastructure, and the displacement of more than 150,000 people, mainly civilians.

Turkish forces and the Turkish-backed armed groups have allegedly been responsible for violations of international humanitarian law and international human rights law. Members of one of these groups, the Ahrar Al-Sharqiya, have been accused of the extrajudicial execution of at least nine civilians, among whom is Kurdish politician and women’s rights activist Harvin Khalaf; torture and other ill-treatment; kidnapping; and looting and seizure of private property.

Turkey’s Defence Ministry said 595 “terrorists” were “neutralized” since the start of “Peace Spring.”

Under international humanitarian law, parties to an armed conflict must respect and protect the civilian population, and refrain from any direct, indiscriminate or disproportionate attack against civilians and civilian objects. International human rights law also continues to apply during the conflict.

“Turkish authorities must investigate and prosecute unlawful killings committed in the context of operation “Peace Spring,” including extrajudicial executions amounting to war crimes,” Benarbia said.

He added, “If no action is taken by these authorities, States must act, collectively and individually, to hold to account all those responsible for such crimes.”

Contact

Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org

Syria-Turkey operations-News-Press releases-2019-ARA (Arabic version, in PDF)

Syria-Turkey operations-News-Press releases-2019-TUR (Turkish version, in PDF)

Joint NGO overview of 40th session of the UN Human Rights Council

Joint NGO overview of 40th session of the UN Human Rights Council

The ICJ has joined with ten other leading human rights organisations to highlight the key outcomes of the 40th regular session of the UN Human Rights Council in Geneva, at its conclusion on 22 March 2019.

The joint NGO statement, delivered at the end of the session, reads as follows:

“We welcome the positive step the Council has taken in the direction to effectively protect environmental human rights defenders (EHRDs) from the grave reality they face every day. By adopting the resolution by consensus, the Council has collectively and explicitly recognized the vital role of EHRDS, including in attaining the SDGs sustainable development goals and ensuring that no-one is left behind, and called for their protection. We also welcome the call on States to provide a safe and empowering context for initiatives organised by young people and children to defend human rights relating to the environment. We, however, regret that the resolution does not squarely address the obligations of international financial institutions and investors.

We welcome South Africa’s leadership to put on the Council’s agenda emerging human rights issues, in bringing attention to the multiple and intersecting forms of discrimination that women and girls face in the field of sports, especially on the basis of race and gender.

The Council has ensured its continued attention to grave rights violations across the globe.

While we welcome the extension of Council attention on Sri Lanka for another two years, a concrete, transparent, and time-bound action plan is urgently needed to implement its commitments under resolution 30/1 in collaboration with OHCHR. Given the lack of progress and political will to implement these commitments, in the absence of immediate progress, the Council should consider additional measures or mechanisms for ensuring victims’ rights to truth, justice and reparations. Individual States need not wait to exercise universal jurisdiction.

We welcome the resolution on Myanmar and its strong focus on ending impunity and ensuring accountability, and we call for the swift operationalisation of the Independent Investigative Mechanism (IIM). We welcome steps taken to review the UN’s involvement in Myanmar. We urge the UN Secretary-General to ensure that it is independent and transparent, and present the findings and recommendations at the Council’s 43rd session.

We welcome the renewal of the mandate of the Commission on Human Rights in South Sudan, a vital mechanism for human rights reporting and evidence gathering. It sends the right message to the government and all parties to the conflict: There can be no lasting peace without justice.

The Council continued this session to initiate action on country situations based on objective criteria through resolutions and joint statements.

By adopting a resolution on Nicaragua, the Council sent a signal to victims of the current crisis that the international community will not allow impunity for the serious ongoing violations to prevail. We look forward to robust reporting from the OHCHR and we urge the Nicaraguan government to fully engage with the Office to ensure the victims’ rights to truth, justice and reparation.

The Council sent a strong message of support to human rights defenders in Saudi Arabia through the joint statement by 36 States, led by Iceland, calling for the release of detained women human rights defenders and called on the Saudi government to fully cooperate with the Special Rapporteur on extrajudicial, summary or arbitrary executions in her investigation into the killing of journalist Jamal Khashoggi. We urge the Saudi authorities to respond fully to these calls, and States to follow up with a resolution at the June session to maintain attention to the situation until meaningful progress, including the release of defenders, is made.

LGBT people in Chechnya are being abducted, locked up in secret detention sites, tortured and sometimes killed purely because of their sexual orientation. We welcome the joint statement on Chechnya delivered by more than 30 States and join the call on the Russian authorities for the persecution to stop: for the immediate and unconditional release of all detained for their actual or perceived sexual orientation or gender identity, and for swift, thorough, and impartial investigations.

We welcome the Cameroon joint statement which advances both Council membership standards and its prevention mandate, and urge the Council to keep the matter under scrutiny.

While we have welcomed the Council’s attention to several situations of gross rights violations, we remain concerned about the lack of consistent and principled leadership by States, in particular by Council members.

We are disappointed that even though the demands of several EU and WEOG States to move the resolution on accountability for crimes committed in the Occupied Palestinian Territories from item 7 to item 2 was met, they still failed to support the resolution. This suggests that no matter the item number, some WEOG members continue in failing to protect the human rights of Palestinians, effectively shielding Israel from accountability.

We regret that States have yet again failed to initiate Council action on the Philippines amidst continued unlawful killings in the government’s so-called war on drugs, and increased targeting of independent media, civil society organisations, and human rights defenders. We reiterate our call on the Council to take action to mandate an independent investigation to establish the facts of human rights violations including extrajudicial executions and attacks against media and civil society, address impunity, and take steps towards justice and reparations for the victims and their families, and hope action will be taken in this regard at the next Council session.

We are deeply disappointed that the resolution adopted on Libya again lacks any meaningful accountability mechanism or mandate, despite the impunity for the widespread and systematic violations of international humanitarian and human rights law that prevail there.

We deplore that despite credible reports of the detention of up to 1 million Uyghurs and other Turkic Muslims in western China, the Council has yet again given a pass to China, permitting impunity for widespread and severe human rights violations. The efforts China has made to keep States silent, exemplified by intimidation and threats on the one hand and whitewashing the situation on the other, demonstrate the degree to which Council action could have had meaningful results if States had instead called clearly and collectively for an independent, unrestricted fact-finding mission.

On the resolution on the rights of the child, we regret the Council’s inability to emphasize the empowerment, autonomy and capacity of children with disabilities, and including to ensure that their sexual and reproductive health and rights must be respected, protected and fulfilled.

We applaud Mexico and other States’ resolve to safeguard the independence of the mandate of the Special Rapporteur on the promotion and protection of human rights while countering terrorism and to resist any attempts to dilute, distract or distort its essential focus, ensuring that the Rapporteur can continue to have positive impacts both in preventing and responding to human rights violations committed in the name of countering terrorism and in relation to the human rights of victims of terrorism. We urge States to remain vigilant to resist future attempts to undermine the Special Procedures system- the eyes and ears of the Council.

We welcome the Council’s renewal of the mandates of the Special Rapporteur on Iran and the Commission of Inquiry on Syria, so that both can continue to perform their vital work fulfilling their respective mandates and addressing the dire human rights situations in both countries. We urge the Iranian and Syrian authorities to change their posture of noncooperation with the respective mandate .

Several of our organisations have urged the UN High Commissioner to publish the database on businesses in Israeli settlements and were alarmed at its further delay. We urge the High Commissioner to release the database with all due haste.

We welcome the renewal of the Special Rapporteur on freedom of religion or belief mandate, and the maintenance of consensus on the Council resolution 16/18 framework for addressing religious intolerance . Rising intolerance and hate is a global concern, and States must move beyond rhetoric to action in implementing these standards.

The High Commissioner’s update on Venezuela during this session reflected the dire human rights situation in Venezuela. We urge all States to consider what more the Council can do to address the worsening human rights crisis in the country and to support all victims.

We note the highly disturbing report by the Special Rapporteur on adequate housing concerning grave reprisals by the Egyptian government against those who cooperated with her during her recent visit to the country and urge this Council to take action to address these attacks.

We welcome the passage of the resolution on Georgia and the continued attention devoted to the importance of full and unimpeded access for the Office of the High Commissioner and international and regional human rights mechanisms.”

Signatories:

  1. Amnesty International
  2. ARTICLE 19
  3. Asian Forum for Human Rights and Development (FORUM-ASIA)
  4. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
  5. Center for Reproductive Rights
  6. CIVICUS
  7. Human Rights House Foundation
  8. Human Rights Watch
  9. International Commission of Jurists
  10. International Federation for Human Rights (FIDH)
  11. International Service for Human Rights

 

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