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In what are two related cases of deportation: Baha Mustafa was deported back to Syria by Pakistani authorities on 4 May 2002; while his counterpart, Mohamed Abo Atthoth was also deported back to Syria by Turkish authorities on 4 February 1992. Upon their return, they were arrested, released, and then rearrested - They have both disappeared since the July 2008 massacre inside Saidnaya prison.

On 11 March 2010, the Alkarama sent their cases to the Working Group on Enforced and Involuntary Disappearances (WGEID), requesting their intervention with of the Syrian government on behalf of the victims.

Baha Mustafa

Baha Mustafa, born in 1979, is a computer scientist who has lived in Pakistan since his childhood. He was arrested at his home in Islamabad on 30 January 2002, by Pakistani security agents led by an American officer, who took him to an unknown destination. At the time of the arrest Baha Mustafa was not shown an arrest warrant, or any other legal document for his arrest. The Pakistani authorities never informed the family of his whereabouts, rather simply stated that he was under investigations and would soon be released.

On 4 May 2002, Baha Mustafa was handed over to Syrian authorities on a decision by the Pakistani government to extradite all Arab nationals. Upon his return, the Syrian authorities took him to "Palestinian Center" branch located in the Military Security prison in Damascus, where he was held incommunicado for 20 months before being transferred to Saidnaya prison.

On 12 February 2005, Baha Mustafa was released before being rearrested on 26 December 2005 by agents of Security Services in military uniforms. Once again, they arrested him without a warrant and took him to an unknown destination.

Baha Mustafa's wife, after undertaking various steps to find her husband, was finally told that he was detained in Saidnaya prison. She was finally allowed to visit him for the first time on 11 June 2008. Following the massacre at the prison in July 2008, the authorities categorically denied visitation rights to all prisoners. During her single visit, Baha Mustafa's wife told his wife that there were no legal proceedings, and that he had never been presented before a judge. She also learned that throughout his detention, both in "Palestinian Central" branch and Saidnaya that he had been subjected to severe torture and other inhuman and degrading treatment, even in despite of his poor health, and the handicap in his left foot.

Mohamed Abo Attoth

Mohamed Aiman Abo Attoth, born in 1959, is a merchant who has been living in Turkey since 1981. He was initially arrested by Turkish police on 25 January 1992, allegedly due to the expiry of his residence permit . Ten days later, on 4 February 1992, Mohamed Abo Attoth was handed over to the Syrian authorities who confiscated all his identity documents, and detained him without charge or trial. He was detained for a long period at the "Palestinian Center" branch, and was then transferred to Saidnaya prison before being released on 2 November 2005.

A few months after his release, Mohamed Abo Attoth was abducted on Mohiedine St. in Damascus on 6 July 2006. According to his testimony, he was arrested by State Security officers. After various steps to discover his whereabouts, his family finally learned that he was detained in Saidnaya prison where he was given visitation rights in July 2008. He has later denied visitation following the massacre in 2008.

Saidnaya Massacre in July 2008

On 5 July 2008, a brutal investigation operation took place in Saidnaya prison. Faced with protests by inmates, the officers opened fire, nine people were killed. The revolt amplified and other shots were fired, during three days the prison remained in a state of complete locked down. According to the Syrian Human Rights Committee, 25 inmates were killed during the massacre and only nice of those killed have been identified

The Committees spokesperson said that the Syrian authorities "dare not disclose the nature of their savage treatment against the political detainees" and that the authorities only tried to "to free themselves from the responsibilities of mistreating and badly torturing the political detainees."

The families continued efforts

The families of Baha Mustafa and Mohamed Abo Attoth have tried every possible avenue in order to gain information as to the whereabouts of the two missing men. According to recent reports, Baha Mustafa has been transferred "Palestine Center" branch prison in Damacus, however these reports remain unconfirmed as the authorities continue to deny his detention.

As for Mohamed Abo Attoth, his family was notified on 10 November 2009 by an inmate released from Saidnaya prison that he was still there but the authorities continue to deny detention.

Both men are without a doubt victims of enforced disappearance.

As a reminder, Syria ratified the International Covenant on Civil and Political Rights on 21 April 1969 and the Convention against Torture on 19 August 2004. The country's initial report will be reviewed by the Committee against Torture during its 44th session to be held between 26 April and 14 May 2010. Alkarama intends to submit a contribution to the Committee in this regard.