Your Excellency,

Re: Mohammed Kear Al Umari

We are writing on behalf of the Human Rights Institute of the International Bar Association in connection with the prolonged detention without trial of lawyer, Mohammed Kear Al Umari, who is currently being held at the Central Damascus prison.  

The International Bar Association (IBA) is a global federation of lawyers, Law Societies and Bar Associations that works to influence the development of international law reform and shape the future of the legal profession. Its 195 Member Organisations and 16,000 individual members 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 legal profession world wide.

We understand that Mr Al Umari was arrested on 10 May 2004 and charged with murder.  It is reported, however, that the real reason behind his arrest is because of letters he sent to the UK and US Embassies protesting against the Syrian Government.   It is understood that the letters fell into the hands of the intelligence services following which Mr Al Umari was arrested.  To date Mr Al Umari’s trial has been repeatedly delayed and he has not been accorded the rights owed to a defendant under international fair trial standards.  It is also reported that there are attempts by the authorities to establish that Mr Al Umari is suffering from a psychological condition which requires him to be compulsorily hospitalised.   The suspicion is that if Mr Al Umari does not stand trial for murder he will instead be detained on the basis of his mental state. 

The facts of this case raise a number of concerns in connection with the rights that should be accorded all citizens of Syria.  We should like to remind you of Article 9 (1) of the International Covenant on Civil and Political Rights to which you are a state party which says: ‘[e]veryone has the right to liberty and security of person.  No one shall be subjected to arbitrary arrest or detention.’   Arbitrary arrest occurs when there is no basis in law upon which to detain the individual. 

Article 9 (3) goes on to state that ‘[a]nyone 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.’  Further Article 9 (4)  continues ‘[a]nyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that the court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.’  There is no evidence that Mr Al Umari has been given the opportunity to challenge the lawfulness of his detention.  Further, if, as alleged, he is to be detained on the basis of his mental health, it is understood he will be unable to challenge his detention. 

We should further like to remind you that Article 14 (3) (c) of the same treaty provides that everyone shall be entitled to ‘be tried with undue delay’.  Again there are concerns that Mr Al Umari’s trial has been unreasonably delayed.     

Finally, we should also like to remind you that Article 19 provides that everyone shall have the right to freedom of expression which includes the right to ‘impart information’.  This right may only be restricted for legitimate purposes such as national security and public morals. 

We are extremely concerned that Mr Al Umari’s detention without trial has been excessively prolonged and that he has not had the opportunity to challenge his incarceration.  We are further concerned at reports that the charges against him are not the real reason for his continued detention and that it may have arisen as a result of his exercising his right to freedom of speech.   Further, we urge that if indeed Mr Al Umari is suffering from a psychological disorder, that he be given the correct therapeutic treatment.   If, however, he is not mentally ill, then any continued detention on this basis would be in clear violation of Mr Al Umari’s right to liberty. 

We should be grateful to receive your assurances that our concerns will be investigated as a matter of urgency.

Yours sincerely,

Ambassador Emilio Càrdenas              

Justice Richard J Goldstone

Co-Chairs, IBA's Human Rights Institute

CC: Mohammed al-Ghofari, Minister of Justice