Verbatim report of proceedings

Thursday, 9 September 2010 - Strasbourg

10.2. Human rights in Syria, in particular the case of Haythan Al - Maleh

  President. − The next item is the debate on six motions for resolutions on human rights in Syria, in particular the case of Haythan Al - Maleh⁽¹⁾.

  Charles Tannock, author. − Madam President, last year I met the son of Haythan Al-Maleh in Brussels. He was seeking support for the release of his father. Mr Al-Maleh has a distinguished history as a human rights defender and jurist, and has been a frequent critic of the Al-Assad Baathist dictatorship in Syria over the years. Mr Al-Maleh is a sickly elderly gentleman and should be released on humanitarian grounds – not that he has committed any crimes, except falling foul of the emergency and repressive laws against dissidents in Syria that have been in place for more than 40 years.

Syria, sadly, is a problematic state harbouring known terrorists, having suspicious arms dealings with North Korea – including possible nuclear ambitions – and being close to that very roguish state, Iran, on political grounds. I appeal now to the Syrian leadership and its President to improve its deplorable human rights record and release Mr Al-Maleh.

  Heidi Hautala, author. − Madam President, this resolution has not arrived a day too soon. For a long time I have followed the case of Haythan Al-Maleh with concern. Too often I have felt that not enough attention has been paid to his case. We have no time to waste: he is 80 years old, and I hear from his son, who has visited Parliament, that his father’s health is deteriorating. Mr Al-Maleh suffers from arthritis, diabetes and thyroid problems, and I understand that he is being deprived of access to medication.

Mr Al-Maleh was arbitrarily arrested by the General Intelligence Service on 14 October 2009. He was held incommunicado and tried before the Second Military Court of Damascus, despite the fact that military tribunals should not try civilians.

On 4 July 2010, Mr Al-Maleh was sentenced to three years in prison on the grounds of ‘transferring false and exaggerated news that weakens national sentiment’. Colleagues, we should be aware that many countries are unfortunately using such titles for criminal charges nowadays. It is totally unacceptable. This happened under Articles 285 and 286 of the Syrian criminal code. Such charges are clearly too vague and easy to abuse. They have no place in the jurisdiction of any modern state.

Serious concerns also remain over the fairness of Mr Al-Maleh’s trial. My key message is that there are serious grounds to believe that Mr Al-Maleh is a victim of repression by the authorities in response to his human rights work, which is extensive and impressive. He must be released immediately.

I would like to point out that Mr Al-Maleh is an excellent candidate for the Sakharov Prize. I will be taking action to see that he is one of the candidates.

  Marisa Matias, author. − (PT) Madam President, today we are discussing yet another situation of violation of human rights: that of the imprisonment of the Syrian activist Haythan Al-Maleh, an 80-year-old man, a lawyer, accused, they say, of distributing false and exaggerated information that weakens the national sentiment of his country. In addition to violating international treaties and conventions, the imprisonment of this man, who is a human rights defender, is also contrary to the legislation of that country, which stipulates that military tribunals are not competent to judge civilians.

The decision that was taken regarding this man and other Syrian prisoners held for similar reasons, the various detentions, the restrictions to freedom of movement, and the arbitrary measures implemented by the Syrian authorities are practices that go against Syria’s important role throughout the region, and they do not reflect the efforts that have been being taken in this country to improve its social situation.

I repeat, today we are discussing yet another situation of violation of human rights. It is not possible to separate it from the many discussions we have had here this week. I would highlight two: the first is the condemnation of the sentence to death by stoning imposed on Sakineh Ashtiani. Many voices joined together and there were some results. It is not yet time to declare victory; much less is it time to fall silent. The second is that we have adopted an important resolution today against abuses committed by President Sarkozy’s government against Romanian and Bulgarian citizens. The defence of human rights has no borders, and it is not a fight that can be fought only outside our walls.

Today we gave a good example of how to also fight it within our own walls. The unjustifiable imprisonment of Haythan Al-Maleh united all of us here today. He is a human rights defender. Human rights defenders must be free, and this is what we demand of the Syrian authorities. We who are also human rights defenders will not abandon him.

  Véronique De Keyser, author. – (FR) Madam President, I add my voice to those of all my fellow Members who have demanded here that Mr Al-Maleh be released immediately.

As has been said, he is an elderly gentleman. He is accused of crime, but under articles of the criminal code that seem to us to be greatly exaggerated. After him, above all, there are other human rights defenders, other lawyers and other doctors whom we know well, as they have come to the European Parliament and have been subsequently imprisoned. They are prisoners of conscience, and we cannot accept that from Syria.

As it is always important to mention names, I would like to mention the names of Mr al-Hassani and Mr al-Abdallah, as well as Mr Labouani, who visited us here. They are almost all friends.

I would like to say very strongly that there are many things in Syria that I would like to see shared elsewhere. There is nothing outrageous in what I am saying. There is real freedom of conscience and religion. A real effort is being made in education and health. A real effort is being made to welcome Iraqi and Palestinian refugees. It is a country with potential, not least on the international stage, that we cannot ignore.

I would like to say to President Bashar al-Assad, whom I know well, ‘President, you do not need these prisoners of conscience to be strong in your country and to figure on the international stage. You can afford the luxury of defending human rights as well.’

We should not, in my view, just remember the face of systematic repression when we think of Syria. It does exist, ladies and gentlemen, and we cannot deny it. There is more to Syria than that, however, and that is why we value this association agreement so much, Commissioner. We are aware that Syria has rejected it for the time being. Please keep us informed about how the negotiations progress. We – many of us, at least – would like Syria to be able to play the positive role that it would be capable of playing on the international stage and in the Middle East peace process.

  Bernd Posselt, author. – (DE) Madam President, our motion for a resolution sends out several clear messages. The first is that we want the immediate and unconditional release of Mr Haythan Al-Maleh, all other human rights defenders and all other prisoners of conscience. As far as we are concerned, there can be no compromises whatsoever on matters of human rights. However, in our resolution, including in recital A and paragraph 9, we say that we want a dialogue with Syria. At the end of the day, we want the agreement with Syria as quickly as possible, but not unconditionally, as an instrument for human rights and cooperation.

We certainly recognise the fact that – as Mrs De Keyser said – there have been positive as well as negative developments in Syria. Nowhere on the Arabian Peninsula or in Mashriq are Christians and other minorities treated as well as they are in Syria. Lebanese Christians – and indeed prominent ones – tell me that they are only able to survive because Syria is holding a protective hand over them.

Syria is not Iran’s lackey either, Mr Tannock, but an important counterweight against the dominance of Iran. We therefore need a stable Syria, but Syria must also take steps to make that happen.

  Frédérique Ries, author. – (FR) Madam President, one may wonder whether Syria is not in the end getting used to the criticism that we level at it virtually every year on the subject of human rights abuses in the country. Let us not give up hope of being understood, though, and let us carry on waiting for progress, more progress – I do understand that some progress is being made there – for all the Syrian citizens who aspire to more freedom, particularly freedom of expression.

Our motion for a resolution today concerns Mr Haythan al-Maleh in particular, a tireless defender of human rights. This lawyer was sentenced to three years in prison at the end of a parody of a trial for having – and I quote – ‘spread fallacious and exaggerated information prejudicial to national feelings’. That is what it says. Our resolution therefore demands the immediate release of Mr Haythan al-Maleh for the reasons that I have just explained and also for what has already been mentioned – his old age and the very serious health problems that he has.

More fundamentally, of course, we want to draw attention to human rights abuses in Syria: executions – we mention them in our resolution – arrests and restrictions on a whole series of freedoms, all that in the name of a state of emergency, which is temporary by definition, that has been going on and on there for more than 40 years.

We call on the European Union to assert these demands, which have been restated by Baroness Ashton and are crucial, and above all to use them to exert pressure in talks and negotiations in connection with signing the association agreement.

We are moving away from what was termed the ‘Prague Spring’ over 10 years ago, in 2000, when Bashar al-Assad had just come to power. Over a period of just a few months it offered a glimpse of a brighter future for Syrian civil society. It is now time, I think, for Syria to continue to implement all these necessary reforms if it wants to put across an image worthy of the major role that we hope and want to see it play in the region.

  Monica Luisa Macovei, on behalf of the PPE Group. – Madam President, Mr Al-Maleh criticised the Syrian authorities in the media and was condemned for spreading false information that weakens national security. His arrest, detention, conviction and sentencing to imprisonment by a military court are in violation of his rights, in particular the right of freedom of expression and the right to a fair trial. They are a threat to all human rights defenders in the country.

The point of freedom of expression is to be able to criticise a government, share information publicly and voice opinions without fearing imprisonment. One does not go to prison for the very essence of a speech: to share opinions and ideas which the listener does not share.

I therefore join my colleagues in calling upon Syria to release Mr Al-Maleh immediately. I ask the Commission to raise this issue with the Syrian Government as a matter of urgency.

  Corina Creţu, on behalf of the S&D Group. – (RO) We are debating today an outrageous case of human rights violation, symbolic of the way in which an authoritarian state intends to treat its citizens.

The victim has had his fundamental freedoms violated and has not had other rights respected, such as the right to presumption of innocence, a fair trial and defence, including the right to choose freely his own lawyer.

However, apart from all these extremely grave irregularities, the nub of this case is the charges brought against Haitham Al-Maleh, a veteran human rights activist who had already served time for his activities supporting constitutional reforms in the 1980s, when he was sentenced to a seven-year prison term.

This time, Haitham Al-Maleh was sentenced to three years in prison for a crime of opinion, charged with damaging the morale and feelings of the nation through criticism targeted in particular at the state of emergency which has been in force for four decades and suspends citizens’ fundamental rights.

Therefore, this severely ill octogenarian is in danger of ending his life in prison all because he exercised his legitimate right to free expression, guaranteed by the International Covenant on Civil and Political Rights which has been ratified by Syria.

Given that the charges made contravene the right to free expression and his state of health is increasingly precarious, we too support the appeal made to the Syrian authorities to drop the charges and release Haitham Al-Maleh and the other political detainees.

The first steps towards normalization and democratization of the regime should be a general amnesty, stopping the harassment and punishment of human rights activists, ending the arrests of political opponents, as well as guaranteeing the independence of the judiciary.

  Marietje Schaake, on behalf of the ALDE Group. – Madam President, Syria is a key player in the Middle East. Last year, when I visited Damascus, I was struck by the potential of the ambitious young Syrian generation.

A change towards more openness and adherence to fundamental rights is necessary for the progress of the country itself and its connections to the international community.

In his inaugural speech, President al-Assad spoke of creative thinking, transparency and democracy. However, Syria’s prisons quickly filled again with political prisoners, journalists and human rights activists, such as recently when two leading human rights lawyers, Haythan Al-Maleh and Muhammad al-Hasani were sentenced for criticising Syria’s human rights record.

Writer Ali Abdullah also remains in prison, after already having completed his sentence. There is no freedom of expression, including on the internet.

There is a very big and painful gap between al-Assad’s self-proclaimed ambitions and the reality of achieving democracy. This is not serving the country well – and especially not the younger generation.

The EU should use all the necessary means available to push Syria in the right direction and to have it improve its human rights record.

  Paweł Robert Kowal, on behalf of the ECR Group. – (PL) Madam President, Mrs Schaake is right that there are very many people in Syria who want that country to change. I myself, when I was in Syria, saw those people and heard what they say. In speaking of this case, I think we need to go back to Tuesday’s debate on the state of the Union, when the leader of one of the political groups said that in important matters we must not be a kind of fax machine which spits out statements about world events. We have to get over that barrier and do more than just talk – and we talk a lot in Parliament – but we would like the talk to translate into greater effectiveness in our work. I am disturbed by the situation of the well-known human rights defender Haythan Al-Maleh, who has been sentenced to three years’ imprisonment for defending human rights and openly expressing his opinions. He has frequently suffered repression at the hands of the authorities, and has been imprisoned, accused and persecuted. Despite this, he has never ceased his activities and continues consistently to expose the illegal activity of the authorities. He is not alone in this. Many Syrians are saying they want their country to change.

One of the European Parliament’s most important objectives is to be involved in the defence of human rights. This is one of those situations in which we must not be a fax machine, printing out statements. Haythan Al-Maleh is a prisoner of conscience, and is being held only because he exercised his right to express his opinion. We must not stand quietly by, because those who have elected us precisely so that we will freely express our opinions expect us to call for the same rights for others. If, today, we did not speak up for Al-Maleh, what sense would there be in our being elected, what authority would we have as MEPs, how would we be able to look our voters in the face in a few years’ time? I would like to stress that when we appeal to equality, justice, law and order and to everything about which we never stop talking in the united Europe, when we talk about friendship and about peaceful cooperation, we must not hide from such problems. These problems require great commitment from EU diplomacy, and they require the development of forms of pressure which would allow the Syrians to enjoy the kind of freedom of speech which they want and the kind which we enjoy. Let us share freedom of speech, and let us appeal to the EU institutions to be particularly effective in such matters, because the reputation of the European Union depends on it.

  Elena Băsescu (PPE). – (RO) I deplore the fact that there are still cases of restrictions on the freedom of expression in Syria, a country which has established economic and social processes over the last 10 years.

Although the Syrian Constitution guarantees, in principle, fundamental human rights, Mr Al-Maleh’s case is part of a series of random arrests and detentions.

He did not receive a fair trial, was refused the right to defend himself and continues to be subject to harsh conditions of detention. I am particularly worried about Mr Al-Maleh’s grave state of health. This is why I call on the Syrian authorities to release him unconditionally and to make a firm commitment to respect human rights.

Finally, I would like to encourage Syria to sign the Association Agreement. This agreement contains important aspects relating to civil and political rights guaranteed by international legislation. Compliance with the Association Agreement would speed up the process of establishing democracy and carrying out reforms.

  Cristian Dan Preda (PPE). – (RO) I too, of course, wish to join those who have called today in this Chamber for the immediate release of Haitham Al-Maleh. As has already been said, he is an 80-year-old man in a frail state of health and this case must surely be judged from a humanitarian perspective.

Apart from the purely humanitarian aspect of this case, we must take into account that Haitham Al-Maleh has been convicted by a military tribunal, following a trial where his fundamental rights have been completely flouted, and that this verdict, as we have already been reminded, contravenes international norms. Why has this happened? Simply because Haitham Al-Maleh has done what he has been doing for well over four decades, which is to speak in very serious, plain and critical terms about the freedom which is sought after in order to improve the situation for people in this country.

I think that the Syrian authorities must look at the prospect of signing the Association Agreement with the EU as an incentive to improve the overall human rights situation. It is therefore time for Syria to show that the commitments it has made to human rights are not only at a structural level, but are also put into practice in this society.

  Tadeusz Zwiefka (PPE). – (PL) Madam President, we are asking the Government and the President of Syria to remit the sentence being served by a well-known lawyer and human rights defender and to acquit him. This is the right way to make our request, because it is these authorities of the state which make the decisions. However, I would like to recall something: not long ago, towards the end of the last parliamentary term, we played host, in this Chamber, to the Grand Mufti of Syria, who spoke during a plenary sitting of how there are civil liberties in Syria and that the principles of democracy and freedom of speech are upheld. Perhaps we ought to turn to him, because he is a great authority in Syria and someone who enjoys support in society. It may be that he will be able to influence the Government and the President. Perhaps we should ask him to join the fight for the release of a defender of human rights, who, after all, has been unjustly sentenced.

  Angelika Werthmann (NI). – (DE) Madam President, ladies and gentlemen, the Emergency Law from 1963 is still in force in Syria. Freedom of expression, freedom of the press and freedom of assembly are extremely restricted in Syria as a result of this. Politically motivated detentions are nothing unusual in Syria, one of the detainees being Mr Al-Maleh. He has already spent several years in prison on account of his involvement in human rights cases. In October 2009, the 80-year-old was arrested again and sentenced to imprisonment by a military court. In its dialogue with third countries, the EU must play a forceful part in putting an end to the persecution and repression of political activists and their family members.

  Miroslav Mikolášik (PPE). – (SK) The recent prison sentences handed down to prominent human rights lawyers for exercising their freedom of expression show that Syria still employs a lax and often distorted interpretation of the International Covenant on Civil and Political Rights, to which it is a signatory. Persecution, restrictions on freedom, unjust arrests and obstructing the activities of human rights defenders, as well as denying the right to a fair trial in Syria cause internal destabilisation in a country which otherwise has the potential to spread peace and stability in this region.

In my opinion, the Commission should exploit to the full Syria’s desire to conclude an association agreement with the European Union in order to pressure Syria into making a commitment to eliminate persistent breaches of human rights.

  Eija-Riitta Korhola (PPE). - (FI) Madam President, the prison sentence given to Haytham Al-Maleh is a clear reflection of the current state of human rights in Syria. It is a very questionable move to extend the judicial power of military courts to civil ones, which rarely, if ever, can be justified.

Without in any way wishing to understate the inappropriate treatment to which Haytham Al-Maleh has been subjected, I want to stress that the real problems are deeply entrenched in the structures of Syrian society. The state of emergency that put many constitutional rights on ice has been in effect since it was declared in 1963. The original main justification for its continuation, the conflict between Syria and Israel, lost its credibility a long time ago.

No government can remain in power for decades and claim that it functions according to democratic principles. I urge the European Parliament to condemn in no uncertain terms the continuation of the state of emergency and support all steps to enable the return of genuine democracy to Syria.

  Bogusław Sonik (PPE). – (PL) It is disturbing to see the Syrian authorities making dictatorial arrests of this kind and persecuting well-known defenders of human rights. The trial of Mr Al-Maleh did not comply with international standards of justice, including the assumption of innocence and the right to a defence. The grant of a pardon to Mr Al-Maleh and other human rights defenders who were not given the right to a proper trial would testify to a change of course in the policy of the authorities and a move towards upholding international standards of human rights and the principles of a fair trial. In addition, the signing of an association agreement between the European Union and Syria, the fundamental feature of which is respect for human rights, was postponed at Syria’s request in October 2009. In relation to the current situation, the European Commission should present a report to the European Parliament on the state of discussions over the signing of that agreement.

  Connie Hedegaard, Member of the Commission. − Madam President, the recent wave of arrests and verdicts against human rights defenders, lawyers, journalists and Kurds is of grave concern to the European Union.

Three significant cases have captured the EU’s attention recently: those of Mr Muhammad al-Hasani and Mr Haythan Al-Maleh – many have referred to them today, not least to Mr Al-Maleh – and also of Mr Ali Abdullah, a writer who was re-arrested in June after having completed his sentence.

The European Union has taken a number of actions. These cases have been raised – including by the High Representative – with the Syrian authorities at the appropriate levels. The EU has insisted that the very fragile health condition of the 80-year old Mr Al-Maleh be taken into account on humanitarian grounds. Démarches were made in the utmost discretion to start with but, in the absence of any response from the authorities, the High Representative issued a statement on 27 July recalling Syria’s commitments under international law and urging the release of political prisoners.

Despite the lack of a positive response so far, EU actions must – and will – continue. The EU is working on different fronts in parallel to advance human rights in Syria. The EU and Member State delegations in Damascus will continue to monitor the situation and observe the trials. Mr al-Hasani and Mr Al-Maleh have filed appeals.

Support for human rights defenders and their families and lawyers will be pursued. At the same time, respect for human rights must remain a recurring issue in any EU dialogue with the Syrian authorities, at all levels.

Mrs De Keyser asked about the status of the association agreement. Syria is still withholding its reply to the EU’s invitation to sign this agreement, which has been pending since October 2009. Syria indicates that the assessment of its political and economic impact is not yet finalised. The agreement will undeniably bring several benefits to both parties but, for the European Union, it is also the best way to establish a regular and frank political dialogue with Syria, including on human rights issues.

Advancing EU assistance on human rights and democracy is another important avenue. Projects in the pipeline include modernising the judiciary and strengthening the capacity of Syrian civil society.

  Bernd Posselt, author. – (DE) Madam President, I do apologise, but my group has this time – as we do every time – requested a roll call vote for the final vote on the last of the urgent issues, namely that relating to Syria. However, due to a technical oversight this information seems not to have reached you. I would ask you, on behalf of our group, and the other groups will surely have no objections, to please be so kind as to allow a roll call vote on the resolution on Syria.

  President. − Mr Posselt, you do not need to appeal to me, it is already going to happen.

The debate is closed.

The next item is the vote.

(For the results and other details on the vote: see Minutes)

  Jarosław Leszek Wałęsa (PPE), in writing. – (PL) I welcome the fact that the question of human rights violations in Syria is being discussed, today, in the European Parliament. We cannot remain indifferent to this problem. I call upon the Government of Syria and on the President for the immediate and unconditional release of Haythan Al-Maleh. The trial against this 80-year-old Syrian lawyer did not meet international standards for a fair trial, including the right to the presumption of innocence and the right to a defence. Furthermore, the charges which were made against him strike at the right to freedom of speech guaranteed by the International Covenant on Civil and Political Rights, to which Syria is a party. I also call on the Syrian authorities to bring an end to all persecution of human rights defenders and their families, and also to guarantee them the right to carry out their activities freely without any hindrance or intimidation. I call on the Syrian authorities to respect international standards of human rights and the international obligations which their country has accepted and which guarantee freedom of opinion and expression and the right to a fair trial, and also to guarantee that detainees are well-treated and not subjected to torture or other forms of ill-treatment and are given prompt, regular and unrestricted contact with their families, lawyers and doctors.

(1) See Minutes.