President Bashar Al Assad

Presidential Palace
Abu Rummaneh
al-Rashid Street
Damascus
Syria

Fax: + 963 11 332 3410

30 April 2007

Dear President Bashar Al Asad,

Re: Ruling against lawyer Anwar al-Bunni

We are writing on behalf of the Human Rights Institute of the International Bar Association in connection with lawyer and founding member of the Syrian Human Rights Association, Anwar al-Bunni, who was sentenced to 5 years in prison on 24 April 2007 by the Damascus Criminal Court. The IBA would like to inquire into the motivation behind Mr al-Bunni’s conviction and express concern over reports that Mr al-Bunni’s detention was unnecessarily prolonged and that he has allegedly been suffering ill-treatment at the hands of the Syrian security forces.

In its role as a dual membership organisation, comprising 30,000 individual lawyers and over 195 Bar Associations and Law Societies, the IBA influences the development of international law reform and shapes the future of the legal profession. Its member organisations cover all continents. The IBA’s Human Rights Institute works across the association, helping to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and the legal profession worldwide.

Mr al-Bunni, who has been held at the Adra Prison near Damascus since May 2006, has been convicted for ‘disseminating false information likely to undermine the morale of the nation in wartime’. This charge is reported to be motivated by Mr al-Bunni’s public denunciation of the use of torture by Syrian security forces and his support for democratic change in the country. The arrest was also alleged to be linked to work undertaken by Mr al-Bunni in the course of carrying out his professional duties as a lawyer.

Prior to his detention, a number of attempts had reportedly been made to deter Mr al-Bunni from representing clients who have been seen to challenge the authority of the State. Action taken by the authorities has purportedly included threats made on Mr al-Bunni’s family as well as on his personal wellbeing. It is also understood that the authorities have embarked on numerous campaigns to dissuade potential clients from seeking Mr al-Bunni’s services and the IBA is particularly concerned at reports that Mr al-Bunni has been threatened with disbarment and suspension from the legal profession.

If the above allegations are found to be correct, the facts of this conviction raise a number of concerns in connection with the rights that should be accorded all citizens of Syria. Under Article 27 of the Syrian Constitution, citizens are free to ‘exercise their rights and enjoy their freedoms in accordance with the law’. We should also like to draw your attention to Syria’s obligations under the International Covenant on Civil and Political Rights (ICCPR), to which Syria is a state party. Article 19 upholds the right to freedom of expression including the right to ‘impart information’; and Article 9(1) provides that everyone has the right to liberty and security of person and that no one shall be subject to arbitrary arrest or detention.

With regard to the reports relating to Mr al-Bunni’s prolonged detention without trial and alleged mistreatment, we would like to draw your attention to the following provisions. Article 28 (2) of the Syrian Constitution upholds that no-one may be kept under surveillance or detained except in accordance with the law; and (3) No one may be tortured physically or mentally or be treated in a humiliating manner. The law defines the punishment of whoever commits such an act. Article 9(3) of the ICCPR further states that ‘anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to a trial within a reasonable time or to release’; and Article 14 upholds the right to be tried without undue delay. Although the sentence was carried out this week, Mr al-Bunni is reported to have been awaiting trial since May last year.

We should also like to remind you that if the reports received are correct, the alleged physical abuse of Mr al-Bunni would constitute a stark violation of Article 5 of the Universal Declaration of Human Rights (UDHR) which is widely considered to be a part of customary international law. The right to freedom from torture and other cruel, inhuman and degrading treatment is further protected under Article 7 of the ICCPR and under the United Nations Covenant Against Torture (UNCAT), ratified by Syria in 2004.

Finally, we would like to draw your attention to the United Nations Basic Principles on the Role of Lawyers, in particular Article 16 which provides that governments shall ensure that lawyers are (a) able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognised professional duties, standards and ethics. Article 17 states that where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities; Article 18 provides that lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions; and Article 23 states that lawyers, like other citizens, are entitled to freedom of expression, belief, association and assembly.

We are concerned that the reason for Mr al-Bunni's arrest arises from his lawful activities as a practising lawyer and not for the reason publicly stated by your Government. We are also extremely concerned that Mr al-Bunni may be suffering ill-treatment. We should be grateful to receive your assurances that the issues raised in this letter will be investigated as a matter of urgency.