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Re: KÜRDİSTAN'DA REFERANDUM VE NEWROZ'DA BAĞIMSIZLIK İLANI!

Nivîsevan / Yazan: Dr Ali KILIÇ  
Demjmêr / Tarih: 08.11.2013  22:13:23
 - 
Bersivek bo / Yanıtlanan mesaj KÜRDİSTAN'DA REFERANDUM VE NEWROZ'DA BAĞIMSIZLIK İLANI!  -  Sevda SUNER
Girişiminiz olumlu, ama uluslararası hukuk temellerinden yoksun.
BM 1960 deklarayonunu yani ezilen ve sömürge halklara bağımsızlık tanıtılması sözleşmesini ve 2007 de BM tarafından ele alınan yerleşik halklara bağımsızlık tanıma sözleşmesinden  ve diğer BM sözleşmelerinden sözetmediği  için girişiminizin  uluslararası hukuk ilkelerinin  Kürdistanın özgürlük ve bağımsızlığı  uygulanması  için yeterli olmayacaktır. Çünkü ilkin BM  KOnseyinin  Kürdistanının statüsünün sömürge olduğunu kabuletmesi gerekli bunun Genel Kurul tarafından kabul edilmesi zorunludur. Referandum ancak BM lerin gözlemcileri gözetiminde olması ve BM bunu sömürgeci ülkelere Genel Kurul protokolleri kabul ettirilmesi ve prosedürlerin BM kontrolünde uygulanması gerekir. Bu olmadan bütün Kürdler imza verseler bile girişim çözümden yoksun kalacaktır. İmzalar sadece Kürdistan kamuoyuna  duyarlı kılma için bir araçtır,uluslararası Hukuk ve BM sözleşmeleri için bağlayıcı özelliği ve geçerliği yoktur yukarıda dile getirdiğim  BM Söleşmelerinin Genel Kurul kararıyla uygulanmaları gerçekleşmediği sürece. Bu konuda sizleri bilgilendiririm.
Saygılar ve başarılar.
1
SECTION FRANÇAISE DU CENTRE DE PEN KURDE
www.pen-kurd.org
SECTION FRANÇAISE
Dr Ali KILIC
Docteur en philosophie des sciences
The right of self-determination for Kurdish People
in the South East Kurdistan, colonized by Syria
What is the truth and the truth of Kurds in Syria?
dedicated to the freedom of my people and my friends E.Çiçek , K.R. and B.I.
The word "truth", just as a number of other common words, is used in any
course that often we know the exact meaning. What exactly that (or) truth?
The study of the design basis of truth developed by Kant in the transcendental
logic of the "Critique of Pure Reason, in response to Pilate's cynical scepticism/
Examining the thesis of the agreement of cognition with its object, which allows
the interpretation of Kant's position in terms of theory of correspondence, A.
rejects the hypothesis of a real definition of truth in favor of a pluralistic
conception of stress and the different criteria of truth on the one hand, and
concludes by stressing the essential connection that Kant makes between truth
and nature human other.
2
From the perspective of the broader truth is a mental ... representation or
other term, in line with reality. The truth is the conformity of the idea that we do
things in reality ... the things themselves. What we call reality is the world as it
is, in its infinite complexity and infinite. The only way to move towards the
concept of objectivity is to say, to supplement his conscience, his vision is
thinking. And objectivity as truth, and like many other words used to describe
are mostly taking so on. "The fundamental problem of Einstein's philosophical
thought, which are organized around its own analysis, is the real world and its
comprehensibility, that is to say, the ability of thought to penetrate to find
adequate representation "true" (though temporary), which is not illusory or
precarious .[...]
This truth is not the prayer of a priest except a sense of solidarity with the
Kurdish prisoners in Arab prisons in Syria.
"It is you who whispers in the heart of our heart,
The wonderful secret is that we
A source that springs into life eternal.
We just want to meet you
As the very breath of our freedom,
As a person, as a life
Like a heart that beats in ours.
We want to hear your voice friend »
1-What is the truth and the truth of Kurds in Syria?
As I stated in my article in French on the arrest of Kurdish intellectuals in Syria
The report of Amnesty International in force since 1963, the state emergency
gave the security forces sweeping powers arrest and detention. Freedom of
expression and association remained subject to severe restrictions. Several
hundred people were arrested and hundreds of others - including prisoners
Opinion and sentenced did not receive a fair trial -- have been detained for
political reasons. Acts Torture and abuse have been inflicted with impunity,
seven people died as a result of such abuse. Members of the Military police
have killed at least 17 prisoners. Defenders human rights have been harassed
and persecuted. The members of the minority Kurdish suffering from
discrimination, many were effectively stateless and not benefiting fully from
their economic and social rights. The women suffered discrimination and
gender violence. Sixteen civilians were killed following a bomb attack that the
media Government has allocated an armed group. in this situation, we the
writers of Kurdistan, we ask our responsibility scientific, academic and
intellectual face crimes committed by the Syrian regime. What is our
responsibility? at least to denounce crimes committed not only the Syrian
dictatorship, but also other state colonialists occupying Kurdistan. From the
point of view of scientific responsibility approach of Professor Helene
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Langevin Joliot seems to me crucial in the context of scientific and academic
responsibility.
” An important part of the scientific community has mobilized for years against
the nuclear arms race, chemical and biological weapons. The threat of a global
catastrophe is not ruled today. "The misuse of science to military applications,"
according to the formula used by Frédéric Joliot-Curie, always engages the
responsibility of scientists. The concerns of these must now s'étendrent all
aspects of the use of science and to the future of science itself.
The close link between knowledge and innovation in the current economic
model does indeed pose formidable problems. The movement of globalization
tends to make technologies, but also innovations characterized by quick returns
on investment, and with them all the science, the challenge of intense
competition, the sole arbiter is the market. “
It should be noted that Nicolas Sarkozy has invited 43 heads of state and
government, including Syrian President Bashar el-Assad and Israeli Prime
Minister Ehud Olmert for an unprecedented summit that will launch the Union
for the Mediterranean in Paris in July 2008
“Ice shores of Greenland to Denmark to the desert sands of Jordan, through
Mauritania, leaders from 44 countries celebrated Sunday in the Grand Palais in
Paris, the birth of the Union for the Mediterranean (UPM) . The delivery of the
project that started less than a year in Tangier in Morocco, is a major
diplomatic event of the French Presidency of the European Union, which began
July 1. The Heads of State or Government of all countries of Europe and the
Mediterranean have accepted the invitation to the French after difficult
negotiations”(Figaro)
According to the Universal Declaration of Rights of Indigenous
Algiers, July 4, 1976 We live in times of great hope, but also of deep concern:
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- Times filled with conflicts and contradictions;
- A time when the liberation struggles have raised the peoples of the world
against the national and international structures of imperialism and were able to
overthrow colonial systems;
- Times of struggles and victories when nations give themselves, each other or
within each of them, new ideals of justice;
- A time when the resolutions of the General Assembly of the United Nations,
the Universal Declaration of Human Rights in the Charter of Economic Rights
and Duties of States, expressed the search of a new international political and
economic.
But it is also a time of frustration and defeat when new forms of imperialism
appears to oppress and exploit people.
Imperialism, by treacherous and brutal methods, with the complicity of
governments often installed by itself, continues to dominate the region. By
direct or indirect, through the multinational companies, by the use of corrupt
local politicians, with the help of military regimes based on police repression,
torture and physical extermination of opponents by a set of practices which have
been given the name of neo-colonialism, imperialism extends its influence over
many peoples.
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Conscious interpret the aspirations of our time, we met in Algiers to proclaim
that all peoples of the world have an equal right to liberty, the right to be free
from foreign interference and to give the government their choice, the right, if
they are bonded, to fight for their freedom, the right to enjoy, in their struggle,
the assistance of other peoples. Convinced that the observance of human rights
involves the rights of peoples, we adopted the UNIVERSAL DECLARATION
OF THE RIGHTS OF PEOPLES.
All those who, throughout the world, lead the great battle, sometimes the arms
for the liberation of all peoples, are in this Declaration the assurance of the
legitimacy of their struggle.
Section I. Right to life
Art. 1. Every people has the right to existence.
Art. 2. Every people has the right to respect for their national and cultural
identity.
Art. 3. Every people has the right to retain peaceful possession of its territory
and to return if deported.
Art. 4. No one can be, because of his national or cultural identity, the purpose of
killing, torture, persecution, deportation, expulsion or subjected to conditions of
life likely to compromise the identity or integrity of the people it belongs .
Section II. Right to political self-determination
Art. 5. Every people has an inalienable and indefeasible right to selfdetermination.
It determines its political status freely, without any foreign
interference outside.
Art. 6. Every people has the right to be free of colonial domination or foreign
direct or indirect and any racist regime.
Art. 7. Every people has the right to a democratic representative of all citizens,
without distinction of race, sex, creed or color, and capable of ensuring the
observance of human rights and fundamental freedoms for all.
Consequently, the practices of the colonial Syrian, are an absolute
negation, a violation of international law and human rights and fundamental
freedoms including the right to self-determination for Kurdish people in Syria.
This is our starting point for present crimes committed by the Syrian state.
Historically the question is to know is what the international criminal
justice is capable or is she an effective and essential not only to fight against
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impunity for violations of human rights and crimes committed against the
Kurdish people in Syria yesterday and today, but also to bring those responsible
before the International Criminal Court first Bashar Al Assad?
Therefore we first of the historicity of the People's Political Kurdistan Kurdish
southeast.
HISTORICITY OF THE QUESTION OF THE KURDISH PEOPLE IN
SOUTH EAST KURDISTAN
My comrades statementKurdish Yekiti party in Syria have made the
following statementKurdish Yekiti party in Syria
“ More than 3 million Kurds live in Syria, comprising about 20 percent of
the Syrian population, making them the largest non-Arab minority in the
country. They are concentrated primarily in the north and northeast of the
country, in three provinces (Alhasakah,Alraqqa and Aleppo).Since 1963 until
today, the Al-Baath Party is the ruling party in Syria. During their rule the Kurds
in Syria, are suffering chauvinistic policies of racial discrimination that are
practised by the Syrian authorities. As a result of systematic discrimination and
daily alienation, the Kurds have been compelled to migrate away from their
homelands in search of shelter and a means of supporting themselves and their
families in larger cities, and as examples of their discrimination practices and
racist projects:
On 05th of October 1962, Syrian authorities issued a so-called special
census in Hasakah province, the northeastern Syrian province in which the
majority of Kurds have their origins. The authorities then produced statistical
reports, as a result many as 120,000 Kurds—nearly 20 percent of Syria’s
Kurdish population—were denationalized, today there are more than 300,000
Kurds losing all rights of citizenship, including the right to vote and participate
in public life, the right to travel outside the country, the right to private
ownership, and the right to employment in the public sector. In addition to the
difficulties associated for them with finding work most of them have to leave
there lands, homes and immerged to other countries or other cities in Syria like
Damascus and others to survive with there families.
In 1973, the Baathist government instituted the so-called “Arab Belt”
draft, under which Arab families from the areas of Aleppo and al-Raqqa were
forced to migrate to forty Kurdish villages throughout Jazeera province,
covering an area 275 kilometers long and 5 to 15kilometers across that bordered
on Turkey and Iraq. The draft severely disturbed the region’s social balance,
especially in Jazeera province, to such a point that social and civic disputes there
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remain a source of persistent local tension. The Syrian government also began to
replace the names of Kurdish villages and sites with Arabic ones.
Syrian authorities are offering very good jobs for Arabs from other
provinces in Kurdish provinces at the time they keeping say that there is no
vacancies or dismiss the Kurds from their jobs in their provinces under the
pretext of safety; security measures.
•No permission for Kurds to be regular soldier or to get a job in the
diplomatices agencies, other government agencies, and many others
public departments.
•Decree 49 introduced on 10th September 2008, following previous
Decrees in relation to agricultural practices. The law stems from a fallacy
that the Syrian Government is promoting to discredit Kurds that there is
activity on the border that threatens the security of Syria. This is where
the majority of Kurds live. Decree 49 is designed to control the movement
of people in this area by requiring them to obtain a license to build, rent,
sell or buy property, in addition to the existing restrictions on agricultural
practices in that area. Although some of this area are more than 100 km
away from the border. This decree had caused a paralysis in building
section and as a result more than 500,000 Kurds had to leave there
homelands.
The problems faced by Syria’s Kurds exist in a greater context of regional
discord and instability that affect Kurds throughout the Middle East. Alleviating
these much greater issues would help to improve the situation in Syria, although
care must be taken to ensure that such efforts accord with international standards
for minority rights, human rights, and humanitarian law.
For its part, the international community can no longer ignore the abrogation
of Kurdish rights occurring in Syria. The growing number of denationalized
Kurds and worsening violations of Kurdish civic, economic, social, and cultural
rights threaten not only to provoke Kurdish resistance to the Syrian state,
including demands for independence, but also to encourage the state to respond
to these demands with violence.
There is a regular campaign of arresting people from the Kurdish opposition
and the latest one was arresting three committee of yekiti party and one political
activist:
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1. Hassan Ibrahim Saleh is a member of the political committee of the
Kurdish Yekiti Party in Syria. He was born in 1947, and is married with
seven children. He is a retired teacher with a degree in geography
2. Mohamed Mustapha is a member of the Political Committee of the
Kurdish Yekiti Party in Syria. He was born in 1962, and is married he has
a daughter since one month. He is a lawyer, arrested in 26/6/2007 after
supporting stateless demonstration.
3. Maroof Mulla Ahmed is a member of the Political Committee of Kurdish
Yekiti Party in Syria. He was born in 1954, and is married with four
children. was arrested from 12/08/2007 to 03/03/2008.
4. Anwar Nasso is a political activist. He was born in 1962, and is married
with three children. He is also a former detainee.
We appeal to the United Nations, human rights organizations and
humanitarian groups including democratic Western governments to put pressure
on the Syrian government to stop such actions and procedures that make matters
more complicated, and to halt the persecution of Kurds by denying them their
Human Rights and the right of self-determination”1
the South East Kurdsitan is colonized by Syria
We saone that the political system is a colonial system and the South East
Kurdsitan is colonized by Syria or the Kurdish people live in conditions of
slavery. No right is not granted by the Kurds in Syria and 300,000 are without
identities of Citizenship themselves Syrian
The colonization is a process of population expansion and political
domination, economic and cultural (to differentiate from colonialism which is a
doctrine or ideology) practiced by some States on other States or people then
forced to accept more connections or less close dependence . It is an expansive
process of occupation, which is the establishment of one or more colonies by
placing under the influence of other foreign territories. Where political
domination of territory and subjugation of its inhabitants, we speak of
imperialism from the center of political decision called metropolis.
1 Kurdish Yekiti party in Syria 07-01-2010
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The Colonization can be designed to operate real or supposed advantages (raw
material, labor, strategic location, living space, etc..) Territory for the benefit of
his mother or his settlers, and can aim announced the development of
civilization.The settlement differs from a mere political occupation of a territory
because it is an economic, religious or ideological. The Colonization differs
from the simple annexation by the differential treatment of rights or legal status
granted between the citizen and the colonized, to the detriment of the latter.
Colonization is characterized by mass mailing (settlement) or not (counter
protectorate ...) settlers from the colonizing country to manage the colony.
This slave was led by researchers aproximative as follows
“Syria is at a critical crossroads, faced with a timely opportunity to maintain
stability and security in the country by realizing the nationality and its
concomitant rights of all residents.
In particular, an estimated 300,000 stateless Kurds live within the country’s
borders, but are in a unique situation in relation to the larger Kurdish population
due to a 1962 census that led to their denationalization.
The lack of nationality and identity documents means that stateless Kurds, for
all practical purposes, are rendered non-existent. Their basic rights to education,
employment, property ownership, political participation, and legal marriage are
severely limited, relegating them to the outermost margins of Syrian civil
society. “It is like being buried alive,” said one man.
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In an attempt to mitigate the desperation of their plight, some Kurds have begun
to mobilize themselves to advocate for their recognition. Others take tremendous
risks to leave Syria illegally and seek opportunities abroad. However, those
caught may be deported back, imprisoned, and subjected to harsh treatment.
Individuals who actively tried to change the situation for stateless Kurds have
also been detained and tortured. In his speech on November 10, 2005, President
Bashar Al-Assad of the Syrian Arab Republic said that he wants to resolve
issues of nationality in the Hassakeh region. “We will solve this issue soon in an
expression of the importance of national unity in Syria.” But over the years,
many government promises about resolving the plight of stateless Kurds have
been made and broken. “Promises are made by the authorities, but in practical
life there are no changes,” one stateless man told Refugees International.
While the Syrian government deserves credit for decades of assistance to
hundreds of thousands of Palestinians, and now to the growing number of Iraqi
refugees present on their territory due to the ongoing crisis in Iraq, it must
recognize in a concrete way the rights of hundreds of thousands of individual
Kurds within its own borders who have been arbitrarily denied the right to
Syrian nationality. The Syrian government needs to repeal all draconian
restrictions on the free expression of Kurdish cultural identity and grant
citizenship to individuals who lack it.
President Al-Assad needs to make good on his promises now. For only when the
stateless Kurds in Syria have been fully nationalized and the broader issue of the
Kurdish place in Syrian political, social, and economic life has been addressed
can peace and security within Syria be realized”2
Arbitrary Detention & Torture
Kurdish leaders detained for advocating Kurdish autonomy in Syria
January 17, 2010 by sks
Filed under News, Reports, Syria
Hassan Ibrahim Saleh is a member of the political committee of the
Kurdish Yekiti Party in Syria. He was born in 1947, and is married with eight
2 A POWERFUL VOICE FOR LIFESAVING ACTION Maureen Lynch & Perveen Al I stateless
kurds in syria
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children. He is a retired teacher with a degree in geography. He is a resident of
the town of Qamishli – Hasakah province.
Mohamed Mustapha is a member of the Political Committee of the
Kurdish Yekiti Party in Syria. He was born in 1962, and is married with one
daughter. He is a lawyer and a former detainee. He is a resident of the town of
Qamishli – Hasakah province.
Maroof Mulla Ahmed is a member of the Political Committee of
Kurdish Yekiti Party in Syria. He was born in 1952, and is married with four
children. He has a high school diploma, and is also a former detainee. He is a
resident of the town of Qamishli – Hasakah province.
Anwar Nasso is a political activist. He was born in 1962, and is
married with three children. He is an artist, and holds a qualification in
agricultural studies from college, and he is employed. He is also a former
detainee, and is a resident of Amuda town in Hasakah province.
It is believed that these people have been arrested because they promoted the
idea that the solution to the problem for Kurds in Syria is through autonomy for
the Kurdish region. This was accepted by the Kurdish Yekiti Party in Syria
during the Sixth Conference in December 2009. It is a challenge to the
Government which tries to divide the Kurds, but the Kurdish Yekiti Party is
clear that it will continue on behalf of Kurdish human rights, and for democracy
and freedom despite the conspiracy against them.
Hassan Saleh and Marwan ‘Uthman participated on 10 December 2002 in a
peaceful demonstration celebrating the universally-recognised Human Rights
Day,outside the People’s Assembly in Damascus. The demonstrators were
calling for the government to officially recognise the existence of the Kurdish
nationality within the unity of the country, remove the barriers imposed on the
Kurdish language and culture, and release all political prisoners. The two men,
both leading members of the illegal Kurdish Yeketi Party, were arrested five
days later when they appeared, as requested, to meet with the then Minister of
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the Interior, Major General ‘Ali Hammud. On 20 December 2002 they
reportedly appeared without legal representation before the Military Court
where they were charged with “involvement in an unauthorised
organisation”. They were initially detained at the Political Security Department
in Damascus, where, after two and a half months of incommunicado
detention, they were allowed monthly visits by close members of their families.
The visits were restricted to between 15 and 30 minutes each, and carried out
from behind bars in the presence of a security officer. While held at the Political
Security Department they both reportedly suffered beatings by security
officers, and for prolonged periods were denied visits by lawyers and
doctors. There were particular concerns for sixty-year-old Hassan Saleh’s
health as he was suffering from chest pains and was denied medical
treatment.
In March 2003 the Military Court, having added the charge of “inciting sectarian
strife” to the initial charge, transferred the case to the SSSC which added a
further charge of “attempting to sever part of the Syrian territories and annex it
to another state”. They were only permitted to talk very briefly with a
lawyer, reportedly for three or four minutes, through a window while in the
SSSC’s detention centre. After almost one year’s detention, they were
transferred to a Military Police detention centre where they reportedly
suffered physical and psychological torture, including being stripped naked
in front of security officers and other prisoners. A military judge then
ordered them to ‘Adra Prison, where they were put in solitary confinement for
about three months. In February 2004 the SSSC convicted them of “attempting
to sever part of the Syrian territory and annex it to a foreign state”. They were
sentenced to three years’ imprisonment which was reduced immediately by the
Court President to 14 months, which time they had already served in prison, and
they were released on 24 February 2004. Amnesty International considered
both men to be prisoners of conscience.
Syria: two leaders of the Kurdish Yekiti Party before the State Security
Court for having asked the authorities to ‘review their discriminatory
policies.
Two leaders of the Kurdish Yekiti (Unity) Party who had been jailed in
December after a sit-in organised in Damascus, will be brought before an
emergency tribunal, the State Security Court. “Messrs Marouane Osman and
Hassan Saleh are to be brought before the State Security Court for the offence
of having aroused religious dissension” explained Mr. Anouar Bounni in a
communiqué dated 9 February. “This is a step backwards and an attempt to
reactivate the emergency laws” established nearly forty years ago, said Mr.
Bounni.
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On 10 December last, nearly 150m Kurds had demonstrated in front of the
Syrian Parliament to ask the authorities to “review their discriminatory policies”
against the Kurdish population of Syria. Messrs Osman and Saleh were arrested
five days later when they visited the Ministry of the Interior to meet the
Minister, Ali Hammoud, the Committee for the Defence of Human Rights in
Syria (CDDS) stated in a communiqué. “Their lawyers have requested that
Messrs Osman and Saleh be brought before ordinary courts. They stressed,
moreover, that the accused are members of the Political Committee of the Yekiti
Party, which works quite openly, in the absence of any law regarding political
parties” Mr. Bounni continued.
In October 2002, in an open letter to Syrian President Bashar al-Assad, five
Kurdish parties, making up the Kurdish Democratic Alliance of Syria (KDAS)
had demanded that the authorities return to almost 200,000 Kurds their national
identity cards that had been withdrawn from them in 1962.
In February 2004, the SSSC convicted two leaders in the unauthorized Kurdish
Yekiti party, Hassan Saleh and Marwan `Uthman, on charges of attempting “to
cut-off part of Syrian land to join it to another country.” They were sentenced to
three years, which the court later reduced to 14 months.
Syrian security forces had arrested the men on December 15, 2002, five days
after their party had staged a sit-in outside the Syrian National Assembly; they
had tried to deliver a statement to the President of the National Assembly calling
on the Syrian regime to “remove the barriers imposed on the Kurdish language
and culture and recognize the existence of the Kurdish nationality within the
unity of the country.”
Since 2007 the security services have detained seven high-ranking members of
Yekiti, including its general secretary Fuad `Aliko, 59, and Hasan Saleh, 62, its
former general secretary and a current member of its Political Committee.
On April 14, 2009, the Fifth Sole Military Judge in Damascus sentenced `Aliko
to eight months in prison for “membership in a political organization without the
permission of the government” (article 288 of the penal code) and sentenced
Saleh to 13 months for the same offense as well as for “inciting to riots and
sectarian strife” (article 298). The military prosecutor based his charge on the
allegation that they organized and participated in the demonstration that took
place in Qamishli on November 2, 2007, to protest against Turkish attacks on
the PKK in northern Iraq (see chapter II). Saleh and `Aliko both told Human
Rights Watch that the charge was baseless and that they were not present at
the demonstration, which another Kurdish party, the PYD, had organized. Both
men have appealed the decision and remain free pending appeal.
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The trial was the authorities’ latest effort to harass and pressure Saleh and
`Aliko. The authorities have banned Saleh from traveling since 1996.
Security services detained him on December 15, 2002, five days after he led
a sit-in outside the Syrian National Assembly to deliver a statement calling
on the Syrian regime to “remove the barriers imposed on the Kurdish
language and culture” (see chapter I, section “The March 2004 events”). The
security services referred him to the Supreme State Security Court, which
sentenced him in February 2004 to three years in jail on charges of attempting
“to cut-off part of Syrian land to join it to another country,” which the court later
reduced to 14 months.
Saleh told Human Rights Watch that the harassment continued following his
release in 2004: “They would arrest me for a few hours for participating or
leading demonstrations calling for more rights for the Kurdish people in
Syria or asking for democracy.”
Saleh’s last arrest occurred on November 2, 2008, when security forces
detained him for 16 hours for leading a demonstration before the Syrian
parliament that demanded the repeal of Decree No. 49, which imposes
restrictions on inhabitants of border areas—a majority of whom are Kurds—to
sell and buy property (see chapter II).
Saleh is currently also facing trial before a military judge in Qamishli on the
charge that he distributed publications of the Yekiti party to two young men,
Shehbaz Isma`il and Sawar Darwish, who stored them in their shop. The trial of
Saleh and the two young men is ongoing at this writing.
Some Kurds have been subjected to arbitrary detention and torture as a
consequence of their efforts to rally for the political and legal recognition of
stateless Kurds in Syria. In July 2005, following the children’s demonstration
for the rights of stateless Kurdish children in Syria in front of UNI CEF, eight
accompanying adults were detained. One former detainee explained how he was
tortured and kept in solitary confinement for fourteen months. Another said his
captors put shoes in his mouth and on his head.
They tortured him with electric shock and by using “the chicken,” a
technique that involves stretching the persons out along a long rod, binding the
hands and feet at either end, and then rotating them. In 1992 M. Jamil, an Ajnabi
lawyer interviewed by Refugees International, was arrested for his alleged
involvement in a campaign to return nationality to the families of stateless Kurds
who were deprived of it in 1962. Ajanib and nationals alike participated in the
protest by posting banners and signs demanding the stateless Kurds be given
their rights and nationality in Syria, and more than 300 people were arrested,
many of whom were sentenced to up to three years in prison. Mr. Jamil was
15
detained without charge and tortured by a gang of five men almost to the point
of death in order to force a confession from him. He was verbally abused, beaten
and punched, brutally kicked in his back, raped with a bottle, forced into a tire,
electrocuted multiple times with wires attached to his genitals and toes, starved,
and psychologically tortured. He suffered unconsciousness and severe injuries to
his spinal column and eye as a result. He was tortured along with six other
accused people, three of whom were Ajanib; one man was nearly 60 years old
and bled from the rapes for nearly five days. Mr. Jamil was kept for 21 days in a
70 inch by 66.3 inch room, sometimes in solitary confinement and other times
with another person.
“The world has shut its eyes to our problem,” declares a stateless Kurd.
Syria and the world community, led by the United Nations High Commissioner
for Refugees (UN HCR), must take concrete steps to end statelessness. Many
stateless Kurds reportedly fear approaching the UN HCR due to perceived
political connections between the United Nations and the Syrian government.
This was largely exacerbated by the July demonstration held in front of UNI
CEF, when stateless Kurdish children and their relatives marched there asking
for the recognition of their rights and were met with police brutality and arrests.
There was no intervention on the part of any UN office or official, even after
agencies were approached by relatives of the demonstrators for assistance in
securing the release of the eight men who were detained.
The Syrian state applies a racist and colonialist policy against the
Kurdish people and against its intellectual, practical methods of
systematic torture is a policy of genocide, it conient to give some of
Amnesty International
Four Kurdish political activists were detained on 26 December in Syria,
and have been held incommunicado since then. They are at risk of torture and
other illtreatment. Hassan Saleh, Muhammad Ahmed Mustafa and Ma’rouf
Mulla Ahmed - all senior members of the unauthorized Syrian Kurdish Yeketi
Party in Syria - and Anwer Naso, also a member of the Yeketi Party, were
arrested on 26
December by members of Political Security, one of Syria’s security
agencies. Political Security regularly detains individuals perceived as opposing
or being critical of the Syrian regime. Their detention came around three weeks
after the men attended a Yekiti Party conference that called for autonomy in the
Kurdish areas in Syria. The four activists were arrested when they presented
themselves to the Political Security branch in Qamishli, a predominantly
Kurdish city in north-eastern Syria, in response to an order to see the head of
16
office there. The head of office has reportedly indicated that the men were taken
into custody and then transferred to a detention centre elsewhere in Syria. Since
their arrest, they are believed to have had no contact with the outside world.
Muhammad Ahmed Mustafa takes regular medication for an overactive thyroid
and Hassan Saleh needs medication for health problems including an
underactive thyroid and high cholesterol. He has constant pain from a slipped
disc in his back for which he takes painkillers and is under instructions not to
carry more than two kilograms in weight following a hernia operation he
underwent in 2006. Ma’rouf Mulla Ahmed also suffers from a slipped disc in his
back. The men may not have access to their medication in detention.
Amnesty International believes that the four activists are likely to be
prisoners of conscience, detained solely for peacefully expressing their political
opinions regarding issues relating to Kurds in Syria.
KURDISH POLITICAL ACTIVISTS DETAINED IN SYRIA ADDITIONAL INFORMATION
Hassan Saleh was born in 1947 and is married with seven children;
Muhammad Ahmed Mustafa was born in 1962 and is married with one child;
Ma’rouf Mulla Ahmed was born in 1954 and is married with four children; and
Anwer Naso was born in 1962 and is married with three children.
The Kurds comprise up to 10 per cent of the population of Syria and
reside mostly around the city of Aleppo in the north of the country and the al-
Jazeera region in the north-east. These predominantly Kurdish areas lag behind
the rest of the country in terms of social and economic indicators. Kurds are
subjected to identity-based discrimination, including restrictions on the use of
their language in schools and the use of culture, such as bans on producing and
circulating Kurdish music.
Like other Kurdish political organizations, the Yeketi Party is
unauthorized in Syria. Indeed, those who raise concerns about the treatment of
Kurds in the country can face prolonged arbitrary detention, torture and other illtreatment.
For example, Hassan Saleh, one of the four detained last month, was
arrested along with hundreds of others in November 2008 for taking part in a
demonstration against a presidential decree which increased restrictions on
housing and property rights in border areas mainly inhabited by Kurds.
At the time of his arrest on 26 December 2009, Hassan Saleh had an
appeal pending against a 13-month sentence from a military court for
membership of an unauthorized political organization and inciting “sectarian
strife”. These charges arose from allegations that he organized and participated
in a demonstration in November 2007 protesting against Turkish attacks on the
17
Kurdistan Workers Party (PKK) in northern Iraq. He denies attending this
demonstration, which was organized by another Kurdish party.
Hassan Saleh was subjected to beatings by members of the Political
Security when he was arrested in 2002 after he participated in a peaceful
demonstration celebrating the universally recognized Human Rights Day on 10
December. He had called on the government to remove the barriers imposed on
the Kurdish language and culture, and release all political prisoners (see
Amnesty International’s Urgent Action of 18 December 2002, MDE
24/053/2002 and updates).
Ma’rouf Mulla Ahmed was arrested in August 2007 by State Security,
another of Syria’s security agencies, in August 2007 while travelling by bus to
Lebanon to visit friends. He was held for over six months without access to legal
representation (see Amnesty International’s Urgent Action of 20 August 2007,
MDE 24/041/2007 and updates). Muhammad Ahmad Mustafa was reportedly
arrested in 2003 for organizing a march for children who carried placards calling
for nationality rights for all Kurds born in Syria.
AMNESTY INTERNATIONAL PUBLIC STATEMENT3
The Kurdish People rights activists jailed Amnesty International condemns the
prison terms imposed yesterday on three members of Syria’s Kurdish minority
convicted of “weakening national sentiment” and “inciting sectarian or racial
strife or provoking conflict” on account of their legitimate exercise of freedom
of expression and association.
Amnesty International considers them prisoners of conscience and is
calling for their immediate and unconditional release. Yesterday, the Damascus
Criminal Court imposed three year prison sentences on Sa’dun Sheikhu,
Mohammad Sa’id ‘Omar and Mustafa Jum’ah, all leading members of the Azadi
(Freedom) Party, which advocates an end to discrimination against the Kurdish
minority. The three were convicted of “weakening nationalist sentiment” and
“inciting sectarian or racial strife or provoking conflict between sects and
various members of the nation.” They denied the charges, which are based on
vaguely worded provisions of the Syrian Penal Code that have often been used
to penalize Kurdish minority activists and human rights defenders. The charges
arise from their circulation of an Azadi party newspaper which criticized
continuing discrimination against, Kurds, who are estimated to number between
one and a half and two million and to comprise around 10 per cent of Syria’s
3 AI Index: MDE 24/033/2009 -16 November 2009 Syria:
18
population. Two other charges brought against the three men - that they had
established an “organization with the aim of changing the financial or social
status of the state” and committed "aggression aiming to incite civil war and
sectarian fighting and incitement to kill" - were dropped. Sa’dun Sheikhu and
Mohammad Sa’id ‘Omar were detained by Military Intelligence officers on 25
October 2008 and held incommunicado for more than three months. They were
initially held in the north-western city of Aleppo, about 500km from their
homes, before being transferred to the Military Intelligence’s Palestine Branch
detention centre in Damascus, where many detainees have been interrogated and
tortured.. Mustafa Jum’ah was arrested on 10 January 2009 and detained
incommunicado at the Palestine Branch for almost a month. The three men were
transferred to ‘Adra Prison in February and appeared before Damascus Criminal
Court for the first time in June. All three are currently held at ‘Adra Prison
although Mohammad Sa’id ‘Omar was hospitalized after he suffered a stroke on
24 April, and is now reported to be partially paralysed and to have difficulty
speaking and moving. Guards chained him to his bed while he remained in
hospital. He is now receiving medication which his family provides when they
make weekly visits to him in prison.
Before their trial, the three men were allowed only restricted access to their
lawyers, who they were not able to consult under conditions of full confidentiality,
and it was only with difficulty and after a significant delay that their
defence lawyers were able to obtain copies of key prosecution documents. The
sentencing of these men yesterday follows the imprisonment of another leading
Kurdish minority activist earlier this year. On 11 May, the Damascus Criminal
Court sentenced Mesh’al al-Tammo, spokesperson of the Kurdish Future
Current, an unauthorized political party, to three and a half years’ imprisonment
for possessing party documents critical of the Syrian government. He was
arrested in August 2008. He too is a prisoner of conscience.
Berzani Karro DISAPPEARS, RISKS TORTURE
A Syrian Kurdish man has been forcibly returned to Syria from Cyprus. He was
detained on arrival, and has not been seen since: he has been subjected to
enforced disappearance and is in grave danger of torture.
Berzani Karro, who is 20, is now known to have been arrested at
Damascus airport on 27 June. His father has since made numerous inquiries with
the Syrian authorities about his son’s fate and whereabouts, including at a
number of detention centres and prisons around the country, but they have
denied holding him in their custody. One State Security officer in the
predominantly Kurdish north-eastern town where he lives, Amouda, told his
father that hisfamily name alone was enough to have led to him being arrested:
an uncle with the same family name is a prominent member of the outlawed
19
Kurdish Left Party of Syria (al-Hizb al-Yasari al-Kurdi fi Suria), and now lives
in exile in Sweden.
Berzani Karro had left Syria in October 2006 and travelled to Cyprus,
where he applied for asylum. His application was rejected and he was arrested in
September 2008, on the grounds that he had no legal right to remain in the
country. He was detained in Larnaca prison until he was returned to Syria.
Cypriot officials escorted him on the plane, and handed him over to the Syrian
authorities at Damascus airport. They first allowed him to make one phone
call to his family, in which he told them he was about to be taken to the al-Fayha
Political Security Branch in Damascus. Political Security is one of several
branches of the security forces operating in Syria, all of which regularly detain
inidividuals on even the slightest suspicion of opposition to the regime. Kurds in
Syria are particularly vulnerable to prolonged arbitrary detention as well as
torture and other ill-treatment.
Abdelbaqi Khalaf is an advocate of democracy in Syria and political unity
within the Kurdish community who is known to have frequent contact with
members of different Kurdish political parties. He told friends before his arrest
that he believed State Security agents were monitoring his movements.
According to sources in Syria, ‘Abdelbaqi Khalaf was arrested once before by
State Security officers, in May 2008, when he was detained and interrogated for
several hours before being released without charge.
Before their arrest, Nedal and Riad Ahmed were engaged in discussions
with other Kurdish activists to set up a Kurdish cultural organization to promote
Kurdish culture through books, magazines and cultural events. Since 1992 they
had been operating an unofficial library which lent out books on Kurdish issues
in both Arabic and Kurdish and, in a limited number of cases, printed books
which authors writing on Kurdish matters were unable to publish elsewhere.
Kurds in Syria suffer discrimination because of their ethnicity; many of them are
denied Syrian nationality and therefore do not receive the same education,
employment, health care and other rights enjoyed by Syrian nationals. In
addition, severe restrictions are placed on the use of the Kurdish language and
culture in Syria; publishing and printing materials in Kurdish, as well as
teaching it, is forbidden and penalized by imprisonment. Kurdish civil society
activists and those deemed to be associated with Kurdish political parties or
groups who raise concerns about the treatment of Kurds in Syria, face the risk of
arbitrary arrest, torture and imprisonment after unfair trials.
Political 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
20
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.
Amnesty International condemns the sentencing yesterday of Mesh’al al-
Tammo, a 51- year-old Kurdish activist, to three and a half years in prison for
his political activities. The organization considers him to be a prisoner of
conscience, detained solely for peacefully expressing his political views, and is
calling for his immediate and unconditional release. On 11 May the Damascus
Criminal Court found Mesh’al al-Tammo, who is a member of Syria’s Kurdish
minority and the spokesperson of the Kurdish Future Current in Syria, an
unauthorized political party, guilty of “weakening national sentiments” (Article
285 of the Penal Code) and “broadcasting false or exaggerated news which
could affect the morale of the country” (Article 286). The charges related to
party documents that were found in his car when he was arrested by Syrian Air
Force Security on 15 August 2008.
Mesh’al al-Tammo was arrested at a checkpoint between the northern city
of ‘Ein al-‘Arab, known in Kurdish as Kobani, and his home in the city of
Aleppo. His whereabouts remained unknown until his transfer to ‘Adra Prison
near Damascus on 26 August. Human rights organizations in Syria later learned
that, at some point during those 12 days of incommunicado detention, Syrian Air
Force Security had handed Mesh’al al- Tammo into the custody of the Political
Security Branch in Damascus, which is responsible for investigating the
activities of suspected political dissidents. Amnesty International has serious
concerns about both this period of pre-trial detention and the trial proceedings
themselves. Mesh’al al-Tammo’s lawyers reportedly asked to call a total of
seven defence witnesses to give evidence at the trial, but the court failed to
21
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. Mesh’al al-Tammo is also a member of the Committees for the
Revival of Civil Society, an unauthorized pro-reform network of Syrians who
meet to discuss human rights and political matters. Kurdish human rights
defenders and civil society activists, along with those deemed to be associated
with Kurdish political parties or groups which raise concerns about the
treatment of Kurds in Syria, run a high risk of being arrested by the security
forces, which have sweeping powers of arrest and detention. The criminal,
military and state security courts widely interpret loosely defined articles of the
Penal Code and frequently hand down severe prison terms to them and other
suspected opponents of the state following trial proceedings which fail to meet
international standards.
Maryam Kallis was visited by the British Consul in Damascus and two of
his colleagues on 8 April, in the presence of the Syrian authorities. Although she
has been held since 15 March at an undisclosed location, no charges have been
brought against her and the reason for her detention has not been made public.
Concerns for Maryam Kallis' safety are increased by the fact that other than the
visit from the British Consul, she has been held in incommunicado detention,
where detainees are at increased risk of being tortured or ill treated. She
continues to be denied access to her family or legal representation and it is not
known if or when she will be granted another visit by the Consul.
Maryam Kallis suffers from claustrophobia and is very susceptible to
panic attacks when either in enclosed or strange and unfamiliar places. The
Syrian authorities informed consular staff that she has been treated by a
doctor during detention, but Amnesty International has no information about the
reasons for her treatment. The authorities have apparently agreed for staff from
the British Embassy in the capital, Damascus, to arrange for Maryam Kallis to
receive a change of clothes and food from her family. Maryam Kallis had
arrived in Syria from the UK on 5 March and had been staying with her sister.
She had returned to collect her three children who had been staying in Damascus
with her sister and who are aged between five and eight years old. She intended
to return with them to London at the end of March. On 15
March, however, she was arrested by a group of eight or 10 men in
civilian clothes in the Rukna al-Din area of Damascus. At the time, Maryam
Kallis was with her eight-year-old son with whom she was taken back to her
sister’s apartment, where her passport and those of her children were
confiscated, before she was taken away.
22
LIST OF MURDERED KURDISH
CONSCRIPTS
IN THE SYRIAN ARMY
No Name Location Birth
Date of
Murder
How
1 Dhiaa Mulla
Mashuk
Village
- -
Spring
2004
-
2
Khairi Barjas
Jendo
Amoude - - April 2004 -
3 Kasem Hamed
Al-
Hassaka
1982 June 2004
A bullet to the head and
one to the body suicide
4
Mohammed Sheikh
Mohamed
Senara
Village,
Efrin
-
October
2004
-
5
Mohamed Way so
Ali
Kobani 1987
March
2006
Death under torture
6
Adris Mahmud
Musa
Tel
Habash
Village,
Amouda
1981 -
February
2008
Death under torture by
Military police in Der Al-
Zor
7 Shiyar Yusuf
Dike
Village,
Efrin
1990 Daraa April 2008 -
8
Barzan Mahmud
Omar
Alaya - April 2008 Hit and tortured till death
9
Loqman Sami
Hussein
Beskie
Village -
Rajo -
Efrin
1986 Homs May 2008
Body found in water tank 5
days after his murder
10
Ferhad Ali Seif
Khan
Qaruf
Village -
Kobani
1989
Souaidaa
Air Force
July 2008
Killed 4 months after
becoming a conscript
11
Jihad Ibrahim
Yusouf
- -
August
2008
Traffic Accident
12 Agid Nawaf Hasan
Ail
Aylun
Village
Derbasie
- -
August
2008
3 bullets in his chest
suicide
13 Siwar Tammo
Kurdo
Village
Derbasie
1988
Air Force
Aleppo
December
2008
2 head shots suicide
14
Ibrahim Refaat
Shaouish
Kastal
Mokhtar
Village
Efrin
1990
10th
Battalion
Damascus
December
2008
One head shot suicide
23
15
Mohamed Baker
Sheikh Dada
Adama
Village
Rajo
Efrin
1989
5th
Battalion
Daraa
Jan 2009 -
16
Berkhodan Khaled
Hamou
Boraz
Village
Kobani
Aleppo
- Hasaka Jan 2009 -
17
Mahmud Hannan
Khalil
Kara
Tapa
Village
Efrin
-
5th
Battalion
Daraa
Feb 2009 One head shot suicide
18 Ahmad Saadun Kobani - - May 2009
An asthma sufferer killed 2
days after becoming a
conscript
19 Khabat Shekhmous - May 2009 -
20
Ahmed Abdul
Rahim Khalil
Mustafa
Qamishli 1988
10th
Battalion
Damascus
Guard
-
Died of a traffic accident
18 months after joining
military
21
Malek Akkash
Shabo
- - - - -
22
Aref Abdelaziz
Said Othman
Qamishli - - -
Died by Electric Shock
Torture
23
Mahmud Halli
Mohamed
Village
Ain Batt
Kobani
- - June 2009
Had an accident while
putting up a tent and was
killed on the way to
hospital
24
Mohamed Omar
Kheder
Derbasie - Homs July 2009
While on Guard Duty, he
supposedly shot himself by
accident one day prior to
returning home
25
Hozan Ferhad
Dereij
Qamishli
Was killed in Qamishili
after being followed by the
Security forces
26 Hoger Hasso Rasul Qamishli
22
Years
Old
Near
Qutayfa
August
2009
Died by Electric Shock
Torture
27
Ahmad Mustafa
Ibrahim
Koran
Village
Efrin
1989
August
2009
-
28 Ahmed Arif Omar Efrin 1988
116th
Battalion
Daraa
September
2009
Died by Electric Shock
Torture
29 Sulaiman Ahmad
Kasem
Village
Efrin
88th
Battalion
September
2009
Heart stopped in Sports
Training
30 Firas Badri Habib
Bilbil
Efrin
1988
October
2009
Traffic Accident
31 Rezan Mirana Teleluna October Traffic Accident
24
Village
Derik
2009
32 Sadek Musa
Dodyan
Allepo
Damascus
October
2009


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