Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/syria.txt

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TITLE:  SYRIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                             SYRIA


Despite the existence of some institutions of democratic
government, Syria's political system places virtually absolute
authority in the hands of President Hafiz Al-Asad and a
relatively small circle of security advisers.  Key decisions
regarding foreign policy, national security, and the economy
are made by President Asad with counsel from his ministers and
principal advisers.  Although the Parliament is elected every 4
years, the Ba'th Party is guaranteed a majority.  The
Parliament generally does not initiate laws but only passes
judgment on those proposed by the executive branch.  All three
branches of government are guided by the views of the Ba'th
Party, whose primacy in state institutions is mandated by the
Constitution.

Syria has been under a state of emergency almost continuously
since 1963.  The Government justifies martial law because of
the state of war with Israel and alleged threats from terrorist
groups (Islamic fundamentalists, Iraqi, and others.)  It uses
its vast powers so effectively that there have been few
antiregime manifestations.  Although the Constitution provides
for the protection of fundamental rights, the state of
emergency allows the security services to override these rights
in their treatment of suspects, detainees, and prisoners.  The
branches of the security services operate independently of each
other and outside the legal system.  They continue to be
responsible for severe human rights violations.

The economy is based on commerce, agriculture, and some oil
production.  It is dominated by an inefficient public sector
and hobbled by a complex bureaucracy and endemic corruption.
The regime has sought to promote the private sector through
legislated incentives and deregulation.  Real economic growth
is about 4 percent, annual per capita Gross Domestic Product is
about $900, and inflation about 16 percent a year.

Despite some improvements, the Government continues to restrict
or deny fundamental rights.  Serious abuses include the
widespread use of torture; arbitrary arrest and prolonged
detention without trial; continued imprisonment after prisoners
have served their sentences; unfair trials in state security
cases; the denial of the freedoms of speech, press, and
association; abuses committed under the state of emergency, and
suppression of workers' rights.  Discrimination and violence
against women also exists, but not as a result of government
policy.  Because the Ba'th Party dominates the political system
and the public sector, the people do not have the right to
change the Government.

There were some positive developments:  the Government
completed issuance of travel permits to all Jews wishing them;
exhibited somewhat greater responsiveness to international
inquiries regarding political prisoners and detainees; and
imprisoned some police officials who physically abused
prisoners or employed excessive force against suspects.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and other Extrajudicial Killing

There were no reports of political killings, although such
killings have taken place in the past.  There were reports of
two deaths of persons in police custody in 1994.  In April
police beat Abd al-Hadi al-Mulhim to death at a police station
during interrogation.  The policemen who allegedly participated
in the beating were arrested, then released by an investigating
judge, and later rearrested by order of an Appeals Court.  Also
in April, a 33-year-old Lebanese citizen, Dani Mansurati,
reportedly died in custody at the headquarters of the Air Force
Intelligence in Damascus.  Mansurati was reportedly arrested in
May 1992 and detained by Air Force Intelligence officers.

     b.  Disappearance

There were no reports of disappearances.  There was little
information on the welfare and whereabouts of hundreds of
persons who have been held incommunicado for years (see Section
l.d.).

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

Despite the existence of constitutional prohibitions and severe
Penal Code penalties for abusers, the police and security
forces continue to use torture systematically.  The authorities
have used torture in both criminal and national security
cases.  Released detainees and prisoners have reported that
torture methods include the application of electric shocks on
sensitive parts of the body; beatings, sometimes while the
victim is suspended from the ceiling; and the use of a device
that bends backwards to asphyxiate the victim and, in some
cases, to fracture the spine.  The Government generally does
not respond to allegations of torture and seldom punishes
offending officials.

For the first time in memory, the Government prosecuted
security officers for abuse.  It convicted more than 40
officers for physically abusing or using excessive force
against detainees--including abuse that caused an undetermined
number of deaths.  The victims in all these cases were
suspected criminal felons.  However, there were no known cases
in which the Government investigated or prosecuted security
officials for abusing detainees arrested for political or
national security offenses.  This failure has created a climate
of impunity which encourages the continuation of the abuse.

Prison conditions are poor.  Prisons are old and overcrowded,
and health services and sanitation facilities inadequate.
Conditions for most national security prisoners are markedly
worse than those for common criminals.

     d.  Arbitrary Arrest, Detention, or Exile

Although the Penal Code provides for safeguards against
arbitrary arrest and detention, the Emergency Law, which
authorizes the Government to conduct "preventive" arrests,
overrides these provisions.  Under the Emergency Law, arrests
are generally carried out in secret, and suspects are detained
incommunicado for prolonged periods without charge or trial and
are denied the right to a judicial determination for the
pretrial detention.  The Emergency Law also authorizes the
Government to arrest persons for economic crimes.

Detainees have no legal redress for false arrest.  Security
forces usually do not provide detainees' families with
information on their welfare or location of detention.
Consequently, many disappeared persons are believed to be in
long-term incommunicado detention.  The authorities often
release detainees without charge or explanation.

Since 1991 the Government has continued to release prisoners,
many of whom were detainees held without charge.  The exact
number is not known because the Government does not make a
public accounting of persons granted amnesty or otherwise
released.  The Government may have released as many as 300
detainees in 1994.

However, persons still in prolonged detention include members
of the Ba'th Party, the Iraq Ba'th Party, the Party for
Communist Action, the Syrian Communist Party, the Arab
Socialist Union Party, the Nasserist Democratic Popular
Organization, various Kurdish groups, and the Muslim
Brotherhood.  Scores of doctors, health professionals, and
engineers have been detained without trial since a mass arrest
in 1980, and hundreds of Palestinians and Lebanese citizens
arrested in Lebanon and in Syria were detained without charge,
although most were subsequently released.

The Government has exiled citizens in the past but there were
no known instances in 1994.  The practice is not as extensive
as it once was.

     e.  Denial of Fair Public Trial

The judicial system is composed of the civil and criminal
courts; the religious courts, which adjudicate matters of
personal status such as divorce and inheritance; military
courts; and the State Security Court, which tries cases
involving national security charges, and the Economic Security
Court.  Civil and criminal courts are organized under the
Ministry of Justice.

Defendants in civil and criminal courts are entitled to the
legal representation of their choice; the courts appoint
lawyers for indigents; defendants are allowed to present
evidence and confront their accusers; and trials are public,
except for those involving juveniles or sex offenses.  Although
defendants have the right to appeal, their appeal efforts are
hampered because the courts do not provide verbatim transcripts
of cases--only summaries prepared by the presiding judges.
There are no juries:  verdicts are rendered by the trial judge.

A public prosecutor may order suspected felons held in
prearraignment detention.  At the arraignment, the judge may
dismiss the charges or refer the case to a criminal court.
There is a system of bail.

In noncontroversial cases, courts are normally free of
governmental coercion, although high-ranking officials may
exert influence at times.  However, a government minister was
apparently removed from his position for interfering in a case.

The High Constitutional Court is empowered to rule only on the
constitutionality of laws and decrees.  It does not hear
appeals from the civil or criminal courts.  However, criminal
and civil cases may be appealed, first, to a provincial appeals
court and, ultimately, to the Court of Cassation.

The criminal justice system is backlogged:  many criminal
suspects are held in pretrial detention for months.  The
bribery of judges has become more prevalent in recent years.

The Economic Security Court tries persons prosecuted for
violating the foreign exchange laws as well as for other
financial crimes.  Defendants in such trials are not accorded
due process.  The trials are widely believed to be subject to
executive branch interference.  Some lawyers have refused to
defend clients in the Economic Security Court because they
purportedly believe the verdicts have been predetermined.

Defendants in the State Security Court are not granted due
process.  Most trials are closed; the judges appoint the
defense lawyers who are not permitted sufficient opportunity to
consult with their clients or examine witnesses; the courts do
not order medical examinations in cases of alleged torture;
court proceedings and sentences are not made public; and
defendants do not have the right to appeal.  All sentences are
reviewed by the Minister of Interior in his capacity of
Military Governor, who may ratify, nullify, or change
sentences; however, the President may also intervene in the
review process.  Although the State Security Court has
acquitted some defendants, the outcomes of most trials are
determined by top political leaders.

The Government tried hundreds of persons in State Security
Courts in 1994, many of whom were imprisoned for more than 10
years.  Most of the charges related to membership in banned
political groups.  Between 1992 and 1994, the State Security
Court tried more than 275 defendants, sentencing 200 and
acquitting 75.  The Government reportedly has failed to release
from detention some of those who were acquitted.

The Government denies that it detains political prisoners.
However, it has tried, convicted, and imprisoned many people
for attempting to exercise such fundamental rights as the
freedom of speech and association.  The Government maintains
that these people either engaged in subversive activities or
were members of subversive organizations.  Such prisoners were
convicted in trials that fall far short of internationally
accepted standards of due process.  According to a Western
press report, the Government in January 1995 released three
former Baath Party officials--Fawzi Rida, Muhammed Id Ashawi,
and Abd Al-Hamid Miqdad.  The three had reportedly been
detained without charge or trial for nearly 25 years.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

Although laws provide for the freedom from arbitrary
interference, the Emergency Law authorizes the police to enter
homes or conduct searches without warrants in national security
cases.

The authorities arbitrarily set up security checkpoints on
streets and roads.  At these sites, security officials search
persons and vehicles without warrants, looking for weapons,
drugs, subversive literature, and smuggled goods.

The security services selectively monitor telephone
conversations and facsimile transmissions and interfere with
the mail.  In some cases, censors have prevented the delivery
to private citizens of foreign human rights publications.

Section 2  Respect for Civil Liberties, including:

     a.  Freedom of Speech and Press

The Constitution provides citizens with the right to express
their opionions freely in speech and in writing.  However, the
Government restricts this right significantly.  It permits no
spoken or printed criticism of the President or the legitimacy
of the regime and strictly controls the dissemination of
information.  Persons violating these restrictions are subject
to arrest.  The Government has imprisoned several journalists
for years for failing to observe press restrictions.

The Ministry of Information and the Ministry of Culture and
National Guidance censor the domestic and foreign press.  They
prevent publication or distribution of any material regarded as
threatening or embarrassing to the Government.  Commonly
censored subjects include the Government's human rights record,
allegations of official involvement in the Lebanese drug trade,
and aspects of the Government's political and security role in
Lebanon.  Censors remove from imported publications articles
critical of the Government's role in Lebanon.

The Ministry of Culture and National Guidance censors fiction
and nonfiction works, including films.  Censorship is stricter
for materials in Arabic.  Censors remove material critical of
the Government, offensive to any of Syria's religious groups,
too graphic in its description of sex, unfavorable to the Arab
cause in the Middle East conflict, or partial to sectarianism.
Censorship also affects films available at foreign cultural
centers.

The Government or the Ba'th Party owns and operates the radio
and television companies and the newspaper publishing houses.
There are no privately owned newspapers.  The Ministry of
Information censors the televised news programs to ensure they
follow the government line.  The Government does interfere with
radio or television broadcasts from neighboring countries.

The law prohibits citizens from owning satellite receiving
dishes.  In early 1994, security forces began to confiscate
satellite-dish components but later halted the practice.
Although ownership remains illegal, citizens resumed installing
satellite dishes without any apparant government action.
However, in November the Government announced that it would
fully implement the ban on private dishes and create a monopoly
to distribute satellite programs to selected consumers.

Nonetheless, there was greater openness in 1994 in the media's
coverage of regional developments, including the peace
process.  The Government aired extensive coverage of the peace
agreement reached between Arab parties and Israel, e.g., the
signing of the peace treaty between Israel and Jordan.   The
Government also permitted more media criticism of government
performance.  Several newspaper articles highlighted government
malfeasance and low-level, but not high-level, corruption.

Public school teachers are not permitted to express ideas
contrary to government policy, although authorities allow
somewhat greater freedom of expression at the university level.

     b.  Freedom of Peaceful Assembly and Association

This freedom does not exist.  Citizens may not hold public
meetings unless they obtain permission from the Ministry of
Interior.  The Government or Ba'th Party organizes most
demonstrations.  The Government applies the restriction on
public assembly in the Palestinian refugee camps.

The Government regards all private associations as illegal
unless they are duly registered with the Government.
Unregistered groups may not hold meetings, and the authorities
do not allow the establishment of independent political
parties.  It usually grants registration to groups not engaged
in political activity.

In 1980 the Government dissolved several professional
associations after some of their members staged a strike and
called for an end to the state of emergency.  Security forces
arrested an undetermined number of strikers and sympathizers.
Many of these people remain in detention without trial or are
being tried in the State Security Court.  The associations have
since been reconstituted, but the Government strictly controls
their activities.  Any association must notify the Ba'th Party
of its scheduled meetings.

     c.  Freedom of Religion

Citizens enjoy a considerable degree of religious freedom.
Although nearly two-thirds of the population is Sunni Muslim,
there is no state religion.  However, the Constitution requires
that the President be Muslim.

Most religious groups, including the remaining 300-member
Jewish community, are free to practice their faiths.  All
religions and sects must register with the Government, which
monitors fundraising and requires permits for all meetings by
religious groups, except for worship.  The permits are
routinely granted.  Non-Muslims may operate schools and
religious training facilities,and maintain links with
coreligionists abroad.  The Government prohibits the Jehovah's
Witnesses and Seventh-Day Adventists from organizing as
churches and from owning church property.  Followers practice
their religion in private homes.

Foreign missionaries are permitted to preach and practice.
Although no law prohibits non-Muslims from proselytizing
Muslims, the Government discourages such activity.  The
publication of religious material is subject to the same
censorship as secular material.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

The Government restricts travel near the Golan Heights and
occasionally near the borders with Lebanon, Jordan, and Iraq.
Travel to Israel is illegal.

Citizens require government permission to travel abroad.  The
Government refuses permission to anyone thought likely to
express views contrary to its policies.  The authorities may
prosecute any person found attempting to emigrate or travel
abroad without official permission, or suspected of having
visited Israel illegally.

Women over the age of 18 have the legal right to travel without
the permission of male relatives, but in practice the husband
may file a request with the Ministry of Interior to prohibit
his wife's departure from Syria.  Similarly, a father may
request that the Ministry prohibit travel abroad by unmarried
daughters, even if they are over 18 years of age.

In 1994 the Government fulfilled its commitment to grant exit
permits to Jews who sought one.  In the past, the Government
required Jews to post bond before traveling abroad.  It has
abolished that requirement.

There are some 360,000 Palestinian refugees living in Syria,
some of whom were born in the country.  These refugees
sometimes encounter difficulties in obtaining travel documents
and re-entering Syria after traveling abroad.  The Government
closely monitors Palestinians who are not residents in Syria,
including those with third-country passports.  The authorities
sometimes refuse such travelers entry into Syria.

The number of non-Palestinian refugees assisted by the United
Nations High Commissioner for Refugees (UNHCR) dropped to less
than 4,600 from some 5,500 in 1993.  Some 3,500 of these are
Iraqis, and over 900 are Somalis.  The UNHCR estimated that
another 34,000 non-Palestinian refugees--including 31,000
Iraqis and 2,000 Somalis--were in Syria but did not receive
UNHCR assistance.

There were reports that security forces detained some persons
seeking aslyum and reportedly forced some--in particular
Somali, Egyptian, and Libyan nationals--to return to their
countries where they face possible abuse from their
Governments.  Such reports were unconfirmed.  In general, the
Government provides information on asylum seekers to the UNHCR.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Citizens do not have the ability to change their government
legally and peacefully.  The President and his senior aides,
particularly those responsible for internal and external
security, ultimately make all basic decisions on political and
economic life.  In recent years, the ruling Ba'th Party, which
is dominated by the military, has served principally to
legitimize President Asad's rule.

Although the regime seeks to deemphasize ethnic and religious
sectarianism, members of President Asad's own sect, the Alawis,
hold most important military and security positions.  President
Asad's fourth 7-year term expires in March 1999.

An election was held in August for the 250-seat Parliament, or
People's Council.  Members serve 4-year terms.  The Parliament
has the constitutional power to initiate laws but has not yet
done so.  To date, it merely approves or revises draft
legislation proposed by the executive branch.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

There are no local human rights groups:  the Government does
not permit the establishment of such organizations.

In October the Government allowed representatives from Amnesty
International (AI) to visit Damascus where they met various
ministers and other officials.  The AI delegation described its
discussions as the "first ever substantive talks with Syrian
authorities covering all its human rights concerns."  The
delegation met with the president of the State Security Court
but was not able to observe State Security Court trials.
During its visit, AI raised with the Government the cases of
over 1,000 victims of human rights violations over the past 25
years, including political prisoners, detainees without trial,
and people who have disappeared.  Earlier in October,
government ministers also received a representative from Human
Rights Watch, the first time that organization has visited
Syria.

As a matter of policy, the Government denies that it commits
any human rights abuses and does not permit representatives
from international humanitarian organizations to visit
prisons.  In instances in which foreigners are arrested, the
authorities sometimes delay or deny prison visits by embassy
officials.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

The Constitution provides for equal rights and equal
opportunity for all citizens.  In practice, membership in the
Ba'th Party or close familial relations with a prominent Ba'th
Party member is important for prospering.  Party connections
can pave the way for entrance into better elementary and
secondary schools, access to lucrative employment, and greater
power in the Government and the military.

     Women

Historically the Government has sought to overcome
traditionally conservative and religiously inspired
discriminatory attitudes toward women.  It encourages women's
education and has expressed its intention to align its laws
more closely with international conventions on equal
opportunity for women.

Women constitute some 10 percent of the Members of Parliament
and the diplomatic corps, 6 percent of judges, almost 10
percent of lawyers, 57 percent of teachers below university
level, and 20 percent of university professors.

Nonetheless, social attitudes and practices continue to
discriminate against women.  Matters of personal status, such
as divorce and inheritance, are adjudicated by courts
associated with the various religious denominations.  Muslim
women face discrimination in such cases under Islamic law which
grants women a smaller share of inheritance than male heirs.

Spousal abuse against women occurs, but conservative social
mores discourage any public discussion of the issue.  There is
no evidence that spousal abuse is widespread, but there are no
official statistics.  Battered women have the legal right to
seek redress in court, but few do so because of the social
stigma attached to such an action.  The Syrian Women's
Federation offers services to battered wives to remedy
individual family problems.

     Children

The law stresses the need to protect children, and education is
mandatory up to the sixth grade, with tuition-free education
provided at higher levels.  However, mandatory education is not
strictly enforced in rural areas where there are often not
enough schools.

The Government provides health care to children at a nominal
fee, although the quality of the care varies in different
regions.  There is no pattern of societal or familial violence
against children, which is discouraged by tough legal penalties
as well as social stigma.

     National/Racial/Ethnic Minorities

The Government has placed limits on the use and teaching of
Kurdish language, Kurdish cultural expression and, at times,
the celebration of Kurdish festivals.  Kurds lost seats in the
parliamentary election.  There were claims that the Government
manipulated the elections of some Kurdish candidates who
allegedly were critical of government policy towards the Kurds
and/or supported Kurdish nationalist aims.  The authorities
reportedly detained some citizens for protesting the
Government's policy towards the Kurds.

There is a credible estimate that previous governments withdrew
the nationality of 90,000 to 120,000 Kurds during the 1960's.
The current Government apparently stopped this practice, but
has not restored nationality to those who lost it.

     Religious Minorities

There is no state religion and a significant amount of
religious tolerance.  Religion is occasionally a factor in
determining the opportunities available to Syrian citizens.
For example, members of the President's religious sect, the
Alawis, generally enjoy preference for high-level security and
military positions.

The few remaining Jews are generally barred from government and
military service.  They are the only minority group whose
passports and identity cards note their religion.

     People with Disabilities

The law prohibits discrimination against the disabled and seeks
to integrate them into the public sector work force.  However,
implementation is lax.  Regulations reserving 2 percent of
government and public-sector jobs for the handicapped are not
rigorously implemented.  The disabled do not have recourse to
the courts regarding job discrimination.  There are no laws
mandating access to public buildings for the disabled.