CAT/C/SYR/CO/1
(c)
International Convention on the Elimination of All Forms of Racial
Discrimination, on 21 April 1969;
(d)
Convention on the Rights of the Child, on 15 July 1993, as well as the two
Optional Protocols thereto, namely, the Optional Protocol to the Convention on the Rights
of the Child on the involvement of children in armed conflict and the Optional Protocol to
the Convention on the Rights of the Child on the sale of children, child prostitution and
child pornography, on 25 May 2000;
(e)
Convention on the Elimination of All Forms of Discrimination against
Women, on 28 March 2003;
(f)
International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, on 2 June 2005;
(g)
C.
Convention on the Rights of Persons with Disabilities, on 10 July 2009.
Principal subjects of concern and recommendations
Definition of torture
5.
While noting that article 28 in the Constitution of the Syrian Arab Republic
prohibits torture, the Committee notes with concern the absence of a definition of torture in
accordance with article 1 of the Convention in the national legal system of the State party,
which seriously hampers the implementation of the Convention in the State party (art.1).
The State party should amend its legislation to adopt a definition of torture in full
conformity with article 1 of the Convention that would encompass all elements of this
definition. By naming and defining the offence of torture in accordance with articles 1
and 4 of the Convention and making it distinct from other crimes, the Committee
considers that States parties will directly advance the Convention’s overarching aim
of preventing torture by, inter alia, alerting everyone, including perpetrators, victims
and the public, to the special gravity of the crime of torture and by improving the
deterrent effect of the prohibition itself.
Criminalization of torture
6.
While acknowledging that torture is punishable by article 391, paragraph 1, of the
Criminal Code and that no offence or penalty shall be recognized without a corresponding
legal provision in accordance with article 29 of the Constitution, the Committee notes with
serious concern that these provisions fail to ensure appropriate penalties applicable to such
acts, since they set the maximum penalty at three years of imprisonment (art. 4).
The State party should revise its national legislation to ensure that acts of torture are
offenses under criminal law and are punishable by appropriate penalties which take
into account the grave nature of these acts, as required by article 4, paragraph 2, of
the Convention.
Widespread use of torture
7.
The Committee is deeply concerned about numerous, ongoing and consistent
allegations concerning the routine use of torture by law enforcement and investigative
officials, at their instigation or with their consent, in particular in detention facilities. It is
also concerned at credible reports that such acts commonly occur before formal charges are
laid, as well as during the pretrial detention period, when the detainee is deprived of
fundamental legal safeguards, in particular access to legal counsel. This situation is
exacerbated by the reported use of internal regulations which, in practice, permit
2