The International League Against Arbitrary Detention urges the Government of the Syrian Arab Republic to take all necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 42/2023 concerning Muayad al-Obied and Abdulaziz al‑Obied, starting with according their family an enforceable right to compensation and other reparations in accordance with international law.
Read the full WGAD Opinion concerning Muayad al-Obied and Abdulaziz al‑Obied (Syrian Arab Republic): Opinion No. 42/2023.
FATHER AND SON INTERNALLY DISPLACED AT SYRIAN CAMP
Muayad al-Obied, a 48-year-old Syrian national, was a cattle merchant and tribal sheikh. His 27-year-old son, Abdulaziz al-Obied, also a Syrian national, followed in his father’s footsteps as a cattle merchant. From November 2015 until August 2020, both men resided in the Rukban camp for internally displaced persons on the Syrian-Jordan border. Prior to this, Mr. Muayad was known for his criticism of the government, and it continued while living in the camp. During this period, as Mr. Muayad was often sought for his guidance by camp residents, the Badia Military Security Branch included him in their efforts to make the camp residents move back to their original homes.
On 15 August 2020, the camp residents left the camp. After staying at different locations, they were eventually moved to a temporary shelter at Mahmoud Othman School, in Homs Governorate, on 1 October 2020. Upon arrival, they were investigated by the Joint Security Committee, composed of different branches of the Syrian security services.
On 7 November 2020, Messrs. Muayad and Abdulaziz al-Obied were arrested for allegedly concealing a terrorist crime, a misdemeanour under Article 10 of Law No. 19 of 2022 on Countering Terrorism. They were interrogated and eventually taken into custody at Damascus Central Prison (Adra Prison). The Prosecutor dropped the charges and ordered their release, first of Mr. Abulaziz and then of Mr. Muayad. Yet, the prison's officers refused to release them, claiming they were wanted by the Military Security Branch and the Political Security Branch in Homs Governorate. After being interrogated and detained there, they were finally released on 31 December 2020.
Upon their release, Mr. Muayad and Abdulaziz al-Obied returned to their home. However, on 5 February 2021, they were once again arrested and taken to the Badia Military Security Branch in Tadmur. They were accused of espionage, a crime punishable by death if committed to benefit an enemy State, and tried before the Military Field Court. They were transferred to Saydnaya prison and, according to unofficial sources, died there, probably executed extrajudicially or as a result of torture.
ARRESTED WITHOUT WARRANTS AND DETENTION MARRED BY PROCEDURAL DELAYS
The source claims both detentions of Mr. Muayad and Abdulaziz al-Obied lacked legal basis, as they were arrested without warrants. Besides, despite orders for their release on 18 November and 17 December 2020, their detention continued without legal grounds or judicial review. The Working Group thus found violations of Article 9(1) of the Covenant and Articles 3 and 9 of the Universal Declaration of Human Rights.
Furthermore, during their second detention starting on 5 February 2021, they were not brought promptly before a judicial authority, in violation of Article 9(3) of the Covenant. Their enforced disappearance also violated their right to challenge their detention, contravening Articles 2(3) and 9(4) of the Covenant and Article 8 of the Universal Declaration of Human Rights.
Thus, the Working Group deemed their deprivation of liberty arbitrary under category I.
Secondly, the arrest and detention of Mr. Muayad and Mr. Abdulaziz al-Obied were likely due to their political opinions and to Mr. Muayad's participation in peaceful demonstrations against the Government. Mr. Muayad was known for his stance against the Government and represented the Rukban camp in negotiations, which reportedly led to their arbitrary detention and trial. The Working Group thus found that their detention was a result of the exercise of Mr. Muayad's right to freedom of expression under Article 19 of the Universal Declaration of Human Rights and Article 19 of the Covenant.
Therefore, the Working Group deemed their arrest and detention arbitrary under category II. Besides, it referred the case to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression.
LIKELY EXECUTED EXTRAJUDICIALLY OR DIED AS A RESULT OF TORTURE
Thirdly, Mr. Muayad and Mr. Abdulaziz al-Obied were referred to the Counter-terrorism Court, which allegedly lacks impartiality and independence, and were later tried before the Military Field Court, which does not guarantee fair trials. The Government has not addressed these allegations. As such, the Working Group found that their trial by the Military Field Court violated their right to be heard by an independent and impartial tribunal under Article 10 of the Universal Declaration of Human Rights and Article 14(1) of the Covenant.
Moreover, Mr. Muayad and Mr. Abdulaziz al-Obied lacked access to legal counsel during their initial detention and interrogation. Given the terrorism charges they faced, these due process violations are particularly serious. Their right to have sufficient time and facilities for the preparation of their defence and to communicate with counsel of their choosing, under Article 14 (3)(b) of the Covenant, was violated.
Thus, the Working Group concluded these fair trial violations were severe enough to render their detention arbitrary under category III, and referred the case to the Special Rapporteur on the independence of judges and lawyers.
Finally, the source submitted that the detention of Mr. Muayad and Mr. Abdulaziz al-Obied stemmed from their political opinions, as well as Mr. Muayad's role in the unsuccessful 2018 negotiations concerning the departure of residents from Rukban camp. Besides, it should be remembered that, at the Rukban camp, Mr. Muayad was recognised for his opposition to the Government. As such, the Working Group found that Mr. Muayad's detention resulted from his peaceful exercise of rights under international law, while Mr. Abdulaziz's detention appears to have been due to his familial ties, as a reprisal against his father's activism. Based on the source's credible submissions, the Working Group concluded that Mr. Muayad and Mr. Abdulaziz al-Obied were deprived of their liberty on discriminatory grounds, violating Articles 2 and 7 of the Universal Declaration of Human Rights and Articles 2(1) and 26 of the Covenant.
Henceforth, the Working Group concluded their detention was arbitrary under category V.
CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION
In light of the foregoing, the UN Working Group Against Arbitrary Detention considered that the detention of Muayad al-Obied and Abdulaziz al-Obied were arbitrary and fell under categories I, II, III, and V because their deprivation of liberty were in contravention of Article 2, 7, 8, 9, 10 and 19 of the Universal Declaration of Human Rights and Articles 2, 9, 14, 19 and 26 of the International Covenant on Civil and Political Right.
The Working Group expressed its utmost concern regarding the allegation that Mr. Muayad al-Obeid and Mr. Abdulaziz al-Obeid died in custody. The Government of the Syrian Arab Republic has neither confirmed nor denied their alleged deaths. The Working Group considered that, taking into account all the circumstances of the case, the appropriate remedy would be to accord their family an enforceable right to compensation and other reparations, in accordance with international law.
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