On 24 March 2014, Director of the Syrian Centre for Media and Freedom of Expression (SCM),  Mazen Darwish and his SCM colleagues, Hani Al-Zitani and Hussein Ghareer, were charged by  the General Prosecutor at the Anti-Terrorism Court in Damascus with “promoting terrorist acts” pursuant to Article 8 of the Anti-Terrorism Act 2012. The SCM is a key non-governmental organization working to disseminate information regarding the human rights situation in Syria.

The charges were presented to Mazen Darwish, Hani Al-Zitani and Hussein Ghareer, despite the fact that no evidence was put forward by the Prosecution in Court. The Prosecution asked for the maximum penalty of 15 years in prison with hard labour to be imposed on the human rights defenders.  The Defence drew the Court’s attention to the lack of evidence and argued that the Court, sitting as an Anti-Terrorism Court, did not have jurisdiction to hear the case against three civilians.

The matter was adjourned to 18 June 2014 when the question of jurisdiction will be dealt with.

The charges come over two years after the men were arrested on 16 February 2012, during a raid on the offices of the SCM in Damascus by the Syrian Air Force Intelligence. The case has been adjourned on seven previous occasions primarily at the request of the Prosecution due to its failure to gather evidence against the three men. During this time the men were being held without charge and were reportedly subjected to torture and continued ill-treatment, allegations which remain without investigation.

The Gulf Centre for Human Rights (GCHR) has issued previous appeals on the case of Mazen Darwish and his colleagues. On 17 March 2014 it issued a joint statement signed by 62 human rights organisations demanding the release of the human rights defenders (https://www.gc4hr.org/news/view/608)/. Previous appeals were issued following the passing of a UN resolution on Syria which called for their release (https://www.gc4hr.org/news/view/540), postponement of the hearing in August 2013 (https://www.gc4hr.org/news/view/475) and following their arrest in February 2012.

The GCHR believes that the charges presented to Mazen Darwish, Hani Al-Zitani and Hussein Ghareer and their on-going detention are solely related to their peaceful and legitimate work in relation to information sharing and in promoting freedom of information and expression.

The GCHR urges the authorities in Syria to: 

1. Immediately and unconditionally drop all charges against Mazen Darwish, Hussein Ghareer, and Hani Al-Zitani and ensure that the case against them is discontinued;
2. Immediately and unconditionally release Mazen Darwish, Hussein Ghareer, and Hani Al-Zitani in addition to all the detained human rights defenders in Syria;
3. Immediately implement the UN General Assembly resolution 67/262  “The Situation in The Syrian Arab Republic” which calls inter alia for the release of Mazen Darwish, Hussein Ghareer, and Hani Al-Zitani;
4. Guarantee in all circumstances that all human rights defenders in Syria are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment. 

 The GCHR respectfully reminds you that the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights defenders, their right to freedom of association and to carry out their activities without fear of reprisals. We would particularly draw your attention to Article 6 (c): “Everyone has the right, individually and in association with others: (c) To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters“, and to Article 12 (2): “The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present declaration.”