敘利亞:庫德族良心犯恐遭酷刑

敘利亞:庫德族良心犯恐遭酷刑

個案編號:UA 176/06
聲援對象:Jakarkhon Sheikho ‘Ali(男,28歲)
發佈日期:2009年7月1日 – 8月12日

政治運動者Jakarkhon Sheikho ‘Ali是敘利亞庫德族人,他被軍方情報單位監禁於首都Damascus(大馬士革)東北的Aleppo(阿勒坡)。他可能是良心犯,因和平行使言論結社自由的權利而遭拘禁。他有受到酷刑虐待的危險。

現年28歲的Jakarkhon Sheikho ‘Ali於6月20日傍晚顯然遭到敘利亞軍事安全局(Military Security)逮捕。Jakarkhon Sheikho ‘Ali被拘留的第一個星期,他的家人沒有他的消息也不知其下落。後來透過間接管道得知,他被敘利亞軍事安全局扣押在Aleppo。敘利亞人權組織和庫德族政黨相信,Jakarkhon Sheikho ‘Ali被捕是因為他所從事的政治活動。他是敘利亞地下政治團體「庫德民主黨」(Kurdish Democratic al-Wifaq Party)的資深成員。

Jakarkhon Sheikho ‘Ali先前曾兩度躲過逮捕。2008年初,另一個情報部門「政治安全局」(Political Security)曾突襲搜查他位於Aleppo附近小鎮‘Efrin的住家,但當時他不在。而軍事安全局於2009年二月又再度搜查他在Aleppo的新家,當時他也不在。Jakarkhon Sheikho ‘Ali今年分別受到政治安全局和軍事安全局傳喚訊問至少三次,但都沒遭到拘禁。

請迅速信件,表達以下訴求: (可用阿拉伯語,法語,英語或你的母語)

  • 表達對Jakarkhon Sheikho ‘Ali的關切,他可能是良心犯,單純因為和平行使言論結社自由的權利而被拘留;呼籲政府當局立即將他無條件釋放,除非依法對他提出刑事控告。
  • 請求政府當局確保他不會遭到酷刑虐待,並提醒他們敘利亞為聯合國禁止酷刑公約(UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment)的締約國。
  • 呼籲政府當局立刻准許他會見家人以及他本人選擇的律師,並且提供他需要的醫療照護。

寄信對象:

[總統]
His Excellency President Bashar al-Assad
President
Presidential Palace
al-Rashid Street
Damascus
Syrian Arab Republic
傳真: +963 11 332 3410
稱謂: 總統閣下/Your Excellency
[內政部長]
His Excellency Major S’aid Mohamed Samour
Minister of Interior
Ministry of Interior
‘Abd al-Rahman Shahbandar Street
Damascus
Syrian Arab Republic
傳真: +963 11 222 3428
稱謂: 部長閣下/ Your Excellency
副本請寄:
[國防部長]
His Excellency Lieutenant- General Ali Ben-Mohammed Habib Mahmoud
Minister of Defence
Ministry of Defence
Omayyad Square
Damascus
Syrian Arab Republic
傳真: +963 11 223 7842
稱謂: 部長閣下/ Your Excellency

背景資訊

庫德族在敘利亞遭到種族歧視,許多庫德族人無法得到敘利亞國籍,因此無法享有與其他敘利亞國民同等的教育、就業與醫療等權利。對於庫德族的人權捍衛者、社運工作者以及被懷疑與庫德政治團體有關的人士,敘利亞政府經常加以任意逮捕和酷刑虐待,以阻止他們討論庫德族被歧視的問題。其中一個案例是Mesh’al al-Tammo,他是一位庫德族政治運動者,也是良心犯。大馬士革刑事法庭於2009年3月11日判處他三年半的有期徒刑,因為他擔任一個地下政黨(Kurdish Future Current)的發言人。
Mesh’al al-Tammo在2008年8月15日被逮捕後,行蹤不明,直到他在8月26日被轉往大馬士革附近的‘Adra監獄,外界才得知其下落。對他長時間的審前羈押,以及審判程序本身的公正性,都備受質疑。Mesh’al al-Tammo的律師當時曾要求傳喚七人出庭作證,但因法庭置之不理,這些證人都沒有出現。傳喚和質詢證人,是被告行使辯護權的基礎,也是公正審判的必要條件。


UA: 176/09, Index: MDE 14/017/2009, Issue Date: 01 July 2009
URGENT ACTION:KURDISH ACTIVIST AT RISK OF TORTUREPolitical activist Jakarkhon Sheikho ‘Ali, a member of Syria’s Kurdish minority, is being held incommunicado at the Military Security Branch in the city of Aleppo, north-east of the capital Damascus. He may be a prisoner of conscience, detained solely for the peaceful exercise of his rights to freedom of expression and association. He is at risk of torture and other ill-treatment.Jakarkhon Sheikho ‘Ali, aged 28, was arrested on the evening of 20 June, apparently by Syrian Military Security. For the first week of Jakarkhon Sheikho ‘Ali’s detention, his family did not have any information regarding his fate or whereabouts. Through an indirect source they have found out that he is being detained by the Military Security Branch in Aleppo. Syrian human rights organizations and Syrian Kurdish political parties believe that Jakarkhon Sheikho ‘Ali has been detained by Syrian Military Security because of his activities as a senior member of the Kurdish Democratic al-Wifaq Party, an unauthorized Kurdish Syrian political party.

Two previous attempts to arrest Jakarkhon Sheikho ‘Ali had failed. In early 2008, a patrol by Political Security, a separate security force, raided his then home in ‘Efrin, a town near Aleppo, but he was out at the time. A Military Security patrol raided his new home in Aleppo in February 2009, and again he was out. Jakarkhon Sheikho ‘Ali was also summoned for interrogation on at least three occasions in 2009 by either Political or Military Security but was not detained on any of them.

PLEASE WRITE IMMEDIATELY in Arabic, English, French or your own language:

  • expressing concern that Jakarkhon Sheikho ‘Ali appears to be a prisoner of conscience, detained solely for the peaceful exercise of his rights to freedom of expression and association, and calling on the authorities to release him immediately and unconditionally unless he is to be charged with a recognizably criminal offence;
  • calling on the authorities to ensure that he will not be tortured or otherwise ill-treated, and reminding them that Syria is a state party to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
  • urging the authorities to immediately allow him visits from his family, a lawyer of his choosing and any medical treatment he may require.

PLEASE SEND APPEALS BEFORE 12 AUGUST 2009 TO:

His Excellency President Bashar al-Assad
President
Presidential Palace
al-Rashid Street
Damascus
Syrian Arab Republic
Fax: +963 11 332 3410
Salutation: Your Excellency、His Excellency Major S’aid Mohamed Samour
Minister of Interior
Ministry of Interior
‘Abd al-Rahman Shahbandar Street
Damascus
Syrian Arab Republic
Fax: +963 11 222 3428
Salutation: Your Excellency
And copies to:
His Excellency Lieutenant- General Ali Ben-Mohammed Habib Mahmoud
Minister of Defence
Ministry of Defence
Omayyad Square
Damascus
Syrian Arab Republic
Fax: +963 11 223 7842
Salutation: Your Excellency
Also send copies to diplomatic representatives accredited to your country.
Please check with your section office if sending appeals after the above date.

ADDITIONAL INFORMATION

Kurds in Syria suffer discrimination because of their ethnicity; many of them are denied Syrian nationality and therefore do not receive the full provision of education, employment, health care and other rights enjoyed by Syrian nationals. Kurdish human rights defenders and civil society activists, and those deemed to be associated with Kurdish political parties or groups who may raise concerns about the treatment of Kurds in Syria, are particularly at risk of arbitrary arrest and in many cases torture and other ill-treatment. One such case is that of Mesh’al al-Tammo, a Kurdish political activist and prisoner of conscience. He was sentenced on 11 May 2009 by the Damascus Criminal Court to three and a half years’ imprisonment for his peaceful activities as the spokesperson of the Kurdish Future Current in Syria, an unauthorized political party.

Mesh’al al-Tammo was arrested on 15 August 2008 and his whereabouts remained unknown until his transfer to ‘Adra Prison near Damascus on 26 August. Serious concerns about the length of time that he spent in pre-trial detention and the fairness of trial proceedings have been raised previously. Mesh’al al-Tammo’s lawyers are reported to have asked to call a total of seven defence witnesses to give evidence at the trial, but the court failed to respond to the request, meaning that none were able to appear. The right of the accused to call and question witnesses is a cornerstone of the right of defence in a fair trial.

UA: 176/09, Index: MDE 14/017/2009, Issue Date: 01 July 2009

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