Bassel Khartabil, a defender of freedom expression being held in conditions amounting to enforced disappearance may be facing a death sentence, 36 local and international organizations said today. His wife has received unconfirmed reports that a Military Field Court has sentenced him to death. His whereabouts should be disclosed immediately, and he should be released unconditionally, the groups said.
Military Intelligence detained Khartabil on March 15, 2012. He was held in incommunicado detention for eight months and was subjected to torture and other ill-treatment. He is facing Military Field Court proceedings for his peaceful activities in support of freedom of expression. A military judge interrogated Khartabil for a few minutes on December 9, 2012, but he had heard nothing further about his legal case, he told his family. In December 2012 he was moved to ‘Adra prison in Damascus, where he remained until October 3, 2015, when he was transferred to an undisclosed location and has not been heard of since.
Reports that his wife received from alleged sources inside Military Intelligence suggest that since his disappearance he has been tried by a Military Field Court in the Military Police headquarters in al-Qaboun, which sentenced him to death. Military Field Courts in Syria are exceptional courts with secret closed-door proceedings that do not meet international fair trial standards. Defendants have no legal representation, and the courts’ decisions are binding and not subject to appeal. People brought before such courts who were later released have said that proceedings are perfunctory, often lasting only minutes.
Khartabil is a software developer who has used his technical expertise to help advance freedom of speech and access to information via the internet. He has won many awards, including the 2013 Index on Censorship Digital Freedom Award for using technology to promote an open and free internet. His arrest and on-going detention are apparently a direct result of his peaceful and legitimate work, the groups said.
Demands for his release have been published by this group since his arrest and have been echoed by the UN Working Group on Arbitrary Detention in April 2015.
The authorities in Syria should:
1. Immediately disclose the whereabouts of Bassel Khartabil and grant him access to a lawyer and to his family;
2. Ensure that he is protected from torture and other ill-treatment;
3. Immediately and unconditionally release him;
4. Release all detainees in Syria held for exercising their legitimate rights to freedom of expression and association.
List of signatories:
1. Action by Christians for the Abolition of Torture (ACAT)
2. Amnesty International (AI)
3. Arab Foundation for Development and Citizenship (AFDC)
4. Arabic Network for Human Rights Information (ANHRI)
5. Cairo Institute for Human Rights Studies (CIHRS)
6. Centre for Democracy and Civil Rights in Syria
7. Electronic Frontier Foundation (EFF)
8. EuroMed Rights (EMHRN)
9. Fraternity Foundation for Human Rights
10. Front Line Defenders (FLD)
11. Gulf Centre for Human Rights (GCHR)
12. HIVOS Humanist Institute for Co-operation with Developing Countries
13. Human Rights Watch (HRW)
14. Index on Censorship
15. Institute for War & Peace Reporting (IWPR)
16. International Federation for Human Rights (FIDH) under the Observatory for the Protection of Human Rights Defenders
17. Iraqi Association for the Defence of Journalists’ Rights (IJRDA)
18. Lawyer’s Rights Watch Canada (LRWC)
19. Maharat Foundation
20. Metro Centre to Defend Journalists in Iraqi Kurdistan
21. PAX
22. PEN International
23. Rafto
24. Reporters Without Borders(RSF)
25. Rethink Rebuild Society
26. Sisters Arab Forum for Human Rights (SAF)
27. SKeyes Center for Media and Cultural Freedom
28. Syrian American Council (SAC)
29. Syrian Association for Citizenship
30. Syrian Center for Media and Freedom of Expression (SCM)
31. Syrian Network for Human Rights (SNHR)
32. Syrian Observatory for Human Rights
33. Syrian Women Association
34. The Day After Association (TDA)
35. Violations Documentation Center in Syria (VDC)
36. World Organisation Against Torture (OMCT) under the Observatory for the Protection of Human Rights Defenders
UPDATE: Unconfirmed reports are circulating that Khartabil has been secretly sentenced to death by the Syrian government. We ask the Syrian authorities to reveal Khartabil’s whereabouts and release him immediately and unconditionally.
Syria’s authorities have yet to disclose the whereabouts of Bassel Khartabil, a software developer and defender of freedom of information, one month after his transfer to an undisclosed location, 22 organizations said today. Syrian authorities should immediately reveal his whereabouts and release him.
Military intelligence detained Khartabil on March 15, 2012. On October 3, 2015, Khartabil managed to inform his family that security officers had ordered him to pack but did not reveal his destination. His family has received no further information. They suspect that he may have been transferred to the military-run field court inside the military police base in Qaboun.
“Each day without news feels like an eternity to his family,” a spokesperson for the organizations said. “Syrian authorities should immediately reveal his whereabouts and reunite him with them.”
The Syrian authorities should immediately reveal Khartabil’s whereabouts and release him immediately and unconditionally, the organizations said. He is facing military field court proceedings for his peaceful activities in support of freedom of expression.
International law defines an enforced disappearance as an action by state authorities to deprive a person of their liberty and then refuse to provide information regarding the person’s fate or whereabouts.
Military field courts in Syria are exceptional courts that have secret closed-door proceedings and do not allow for the right to defense. Based on accounts by people who have appeared before these courts, the proceedings were perfunctory – lasting minutes – and did not meet minimum international standards for a fair trial. During a field court proceeding on December 9, 2012, a military judge interrogated Khartabil for a few minutes, but he had heard nothing about his legal case since then.
A Syrian of Palestinian parents, Khartabil is a 34-year-old computer engineer who worked to build a career in software and web development. Before his arrest, he used his technical expertise to help advance freedom of speech and access to information via the internet. Among other projects, he founded Creative Commons Syria, a nonprofit organization that enables people to share artistic and other work using free legal tools. Despite his imprisonment, Khartabil’s digital work is still advancing knowledge; last month, colleagues produced a new 3D model of the ancient Palmyra ruins using data collected by Khartabil before his detention. The UNESCO world heritage site is currently being destroyed by Islamic State, also known as ISIS, fighters, but the project was able to reconstruct their earlier appearance based on Khartabil’s measurements.
Syria Tracker is a crisis mapping platform which collates and exhibits live data on human rights abuses and other welfare issues brought about by the Syrian conflict. Reports of killings, rapes, water and food tampering, and chemical attacks ongoing in Syria are geolocated and collated onto a live map by US-based volunteers.
Syria Tracker synthesises two pre-existing data-sourcing platforms: Harvard University’s Healthmap, which mines online sources to monitor disease outbreaks; and the crowdsourcing tool Ushahidi, originally built in 2008 to monitor post-election violence in Kenya.
The combination makes for meticulous accuracy, since data from one source is triangulated with the other, and unverified information is discarded – the volunteers behind Syria Tracker estimate that they only use 6 per cent of on-the-ground reports received. The news-tracking tool covers anti- and pro-Assad news sources to reduce potential bias.
The bloody conflict between the Syrian government and opposition groups, sparked by the 2011 protests across the Arab world and reignited in 2014 by the advance of IS, has made the country one of the deadliest in the world for journalists, with one of the worst records for free press. Syria Tracker’s founders encourage its civilian reporters to contribute anonymously, using encryption software such as Tor.
It uses a combination of user-generated reports, photos and videos – more than 80,000 of which have been sent to Syria Tracker since the conflict broke out in 2011 – and computer-aggregated data. The tool has digitally mined 180,000 articles from 2,000 news sources, and has also searched through more than 80 million tweets.
The map aims to provide Syrians and external relief-providers with a holistic depiction of the conflict, which is more accurate and up-to-date than traditional news sources are able to supply. In early 2014, for example, Syria Tracker warned of an outbreak of polio days before other news outlets, thanks to early civilian reports.
By assembling otherwise diverse data, the map has also illustrated developing trends in the country’s violent fighting. For example, in 2014 Syria Tracker showed a rise in the percentage of total deaths which were of women or children, indicating a rise in civilian targeting.
“It’s such a great honour to be nominated for the award,” said Taha Kass-Hout, founder of Syria Tracker, in a recent interview with Index on Censorship. “It shows that those voices on the ground that are sharing with the rest of the world are not going unheard. It shows them that the data that they are sharing means something,”
In January, Index summarised the U.S. State Department’s “Countries of Particular Concern” — those that severely violate religious freedom rights within their borders. This list has remained static since 2006 and includes Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan, and Uzbekistan. These countries not only suppress religious expression, they systematically torture and detain people who cross political and social red lines around faith.
Today the U.S. Commission on International Religious Freedom (USCIRF), an independent watchdog panel created by Congress to review international religious freedom conditions, released its 15th annual report recommending that the State Department double its list of worst offenders to include Egypt, Iraq, Nigeria, Pakistan, Tajikistan, Turkmenistan, Vietnam and Syria.
Here’s a roundup of the systematic, ongoing and egregious religious freedom violations unfolding in each.
1. Egypt
The promise of religious freedom that came with a revised constitution and ousted Islamist president last year has yet to transpire. An increasing number of dissident Sunnis, Coptic Christians, Shiite Muslims, atheists and other religious minorities are being arrested for “ridiculing or insulting heavenly religions or inciting sectarian strife” under the country’s blasphemy law. Attacks against these groups are seldom investigated. Freedom of belief is theoretically “absolute” in the new constitution approved in January, but only for Muslims, Christians and Jews. Baha’is are considered apostates, denied state identity cards and banned from engaging in public religious activities, as are Jehovah’s Witnesses. Egyptian courts sentenced 529 Islamist supporters to death in March and another 683 in April, though most of the March sentences have been commuted to life in prison. Courts also recently upheld the five-year prison sentence of writer Karam Saber, who allegedly committed blasphemy in his work.
2. Iraq
Iraq’s constitution guarantees religious freedom, but the government has largely failed to prevent religiously-motivated sectarian attacks. About two-thirds of Iraqi residents identify as Shiite and one-third as Sunni. Christians, Yezidis, Sabean-Mandaeans and other faith groups are dwindling as these minorities and atheists flee the country amid discrimination, persecution and fear. Baha’is, long considered apostates, are banned, as are followers of Wahhabism. Sunni-Shia tensions have been exacerbated recently by the crisis in neighboring Syria and extremist attacks against religious pilgrims on religious holidays. A proposed personal status law favoring Shiism is expected to deepen divisions if passed and has been heavily criticized for allowing girls to marry as young as nine.
3. Nigeria
Nigeria is roughly divided north-south between Islam and Christianity with a sprinkling of indigenous faiths throughout. Sectarian tensions along these geographic lines are further complicated by ethnic, political and economic divisions. Laws in Nigeria protect religious freedom, but rule of law is severely lacking. As a result, the government has failed to stop Islamist group Boko Haram from terrorizing and methodically slaughtering Christians and Muslim critics. An estimated 16,000 people have been killed and many houses of worship destroyed in the past 15 years as a result of violence between Christians and Muslims. The vast majority of these crimes have gone unpunished. Christians in Muslim-majority northern states regularly complain of discrimination in the spheres of education, employment, land ownership and media.
4. Pakistan
Pakistan’s record on religious freedom is dismal. Harsh anti-blasphemy laws are regularly evoked to settle personal and communal scores. Although no one has been executed for blasphemy in the past 25 years, dozens charged with the crime have fallen victim to vigilantism with impunity. Violent extremists from among Pakistan’s Taliban and Sunni Muslim majority regularly target the country’s many religious minorities, which include Shiites, Sufis, Christians, Hindus, Zoroastrians, Sikhs, Buddhists and Baha’is. Ahmadis are considered heretics and are prevented from identifying as Muslim, as the case of British Ahmadi Masud Ahmad made all too clear in recent months. Ahmadis are politically disenfranchised and Hindu marriages are not state-recognized. Laws must be consistent with Islam, the state religion, and freedom of expression is constitutionally “subject to any reasonable restrictions imposed by law in the interest of the glory of Islam,” fostering a culture of self-censorship.
5. Tajikistan
Religious freedom has rapidly deteriorated since Tajikistan’s 2009 religion law severely curtailed free exercise. Muslims, who represent 90 percent of the population, are heavily monitored and restricted in terms of education, dress, pilgrimage participation, imam selection and sermon content. All religious groups must register with the government. Proselytizing and private religious education are forbidden, minors are banned from participating in most religious activities and Muslim women face many restrictions on communal worship. Jehovah’s Witnesses have been banned from the country since 2007 for their conscientious objection to military service, as have several other religious groups. Hundreds of unregistered mosques have been closed in recent years, and “inappropriate” religious texts are regularly confiscated.
6. Turkmenistan
The religious freedom situation in Turkmenistan is similar to that of Tajikistan but worse due to the country’s extraordinary political isolation and government repression. Turkmenistan’s constitution guarantees religious freedom, but many laws, most notably the 2003 religion law, contradict these provisions. All religious organizations must register with the government and remain subject to raids and harassment even if approved. Shiite Muslim groups, Protestant groups and Jehovah’s Witnesses have all had their registration applications denied in recent years. Private worship is forbidden and foreign travel for pilgrimages and religious education are greatly restricted. The government hires and fires clergy, censors religious texts, and fines and imprisons believers for their convictions.
7. Vietnam
Vietnam’s government uses vague national security laws to suppress religious freedom and freedom of expression as a means of maintaining its authority and control. A 2005 decree warns that “abuse” of religious freedom “to undermine the country’s peace, independence, and unity” is illegal and that religious activities must not “negatively affect the cultural traditions of the nation.” Religious diversity is high in Vietnam, with half the population claiming some form of Buddhism and the rest identifying as Catholic, Hoa Hao, Cao Dai, Protestant, Muslim or with other small faith and non-religious communities. Religious groups that register with the government are allowed to grow but are closely monitored by specialized police forces, who employ violence and intimidation to repress unregistered groups.
8. Syria
The ongoing Syrian crisis is now being fought along sectarian lines, greatly diminishing religious freedom in the country. President Bashar al-Assad’s forces, aligned with Hezbollah and Shabiha, have targeted Syria’s majority-Sunni Muslim population with religiously-divisive rhetoric and attacks. Extremist groups on the other side, including al-Qaeda and the Islamic State of Iraq and the Levant (ISIL), have targeted Christians and Alawites in their fight for an Islamic state devoid of religious tolerance or diversity. Many Syrians choose their allegiances based on their families’ faith in order to survive. It’s important to note that all human rights, not just religious freedom, are suffering in Syria and in neighboring refugee camps. In quieter times, proselytizing, conversion from Islam and some interfaith marriages are restricted, and all religious groups must officially register with the government.
