AMNESTY INTERNATIONAL

PUBLIC STATEMENT

AI Index: MDE 24/013/2008 (Public)

Date: 25 April 2008

Additional three-year sentence for prisoner of conscience Kamal al-Labwani constitutes judicial persecution

Amnesty International condemns the sentencing of prisoner of conscience Kamal al-Labwani to an additional three years’ imprisonment on the basis of remarks he reportedly made in his prison cell. On 23 April the First Criminal Military Court in Damascus found him guilty of “broadcasting false or exaggerated news which would affect the morale of the country” under article 286 of the Syrian Penal Code. Article 286 is vaguely worded and interpreted extremely broadly by the Syrian authorities and is a common charge against advocates of reform. The sentence will be added to the 12-year term he is already serving on account of his work in advocacy of peaceful reform in the country. Amnesty International repeats its calls upon the Syrian authorities to drop all charges against Kamal al-Labwani and to release him immediately and unconditionally.

The First Criminal Military Court is presided over by a military judge and two military officers and according to the state of emergency legislation, in force in Syria since 1963, it has the jurisdiction to try certain political cases. The Syrian judicial system does not afford trials that conform to international standards for fair trial and it is subject to interference by the political authorities and the intelligence services. During this trial, the case-file was withheld from Kamal al-Labwani’s lawyer for months.

According to testimony from common criminal prisoners in his cell, in ‘Adra prison near Damascus, Kamal al-Labwani had returned from one of the hearings of his previous trial and spoke disparagingly of the Syrian authorities. Kamal al-Labwani denied the charge and claimed that these prisoners were working in conjunction with the prison authorities, adding that the latter had ignored his complaints into two physical assaults he had suffered in prison.

In February 2007, Amnesty International publicised concerns regarding a pattern of beatings and harassment by prison guards and common criminal prisoners of prisoners of conscience in ‘Adra, including Kamal al-Labwani. However, the organisation remains unaware of any steps taken by the authorities neither to investigate any of the complaints nor to separate political prisoners from common criminal detainees in line with article 8 of the Standard Minimum Rules for the Treatment of Prisoners adopted by the United Nations.

Background

On 10 May 2007 the Damascus Criminal Court declared medical doctor Kamal al-Labwani guilty of “scheming with a foreign country, or communicating with one with the aim of causing it to attack Syria," under Article 264 of the Syrian Penal Code. The charge relates to Kamal al-Labwani’s visit to Europe and the USA in 2005 where he met human rights organisations and government officials and called for a process of peaceful democratic reform in Syria. According to Amnesty International’s information, the court ignored defence evidence during the trial showing that Kamal al-Labwani has repeatedly opposed any advocacy of US attack on Syria.

‘Adra prison, located about 20 km north-east of Damascus, is administered by Syria’s Interior Ministry except for its wing for political detainees that is under control of the Political Security agency.

Public Document

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International Secretariat, Amnesty International, 1 Easton St., London WC1X 0DW, UK

www.amnesty.org