Hussam Youssef, a 21-year-old Syrian student who disappeared over a year ago, may now stand trial before a Syrian Military Field Court. According to Syrian human rights lawyers and activists, many individuals who were previously tried in this type of military court were either sentenced to death or life imprisonment following grossly unfair trials.Since his arrest in September 2012, Mr Youssef has not been given the possibility to communicate with the outside world – let alone consult a lawyer – and his relatives have no means of knowing his fate and whereabouts conclusively. According to some of his former co-detainees, who were released since meeting him in prison, he was seen in detention centres of the General Intelligence and the Air Force Intelligence, but this information was never officially confirmed by the Syrian authorities. Alkarama therefore submitted his case for consideration to the UN Working Group on Enforced or Involuntary Disappearances on 25 July 2013.
A little over a month ago, one of Mr Youssef's relatives visited the Ministry of Justice in Damascus to inquire about him. There, this relative was able to read an indictment issued against Mr Youssef. The family subsequently consulted a lawyer regarding these charges, and the lawyer said he would expect Mr Youssef to be sent to a Military Field Court for trial. Indeed, on 25 November, they heard that his file was transferred to a Military Field Court in Damascus, and that he is now awaiting trial.
Syrian Military Field Courts, commonly referred to as 'Field Courts', in law and practice lack the fundamental safeguards of a court that can provide a fair trial according to international standards. The blatant disregard for the rights of those who stand trial is all the more concerning as it appears that Field Courts often sentence defendants – including civilians – to death. Information such as the rare account on mass executions included in one of the latest reports of the Syrian Human Rights League confirms this and exacerbates our concern for Mr Youssef's life.
Current Syrian law allows for Field Courts to be established in times of war or a number of other exceptional circumstances such as internal disturbances, based on decree number 109 of 17 August 1968. According to article 3 of the aforementioned legislation, these exceptional military courts are composed of three military judges. "As these courts are a military jurisdiction, civilians should not be deferred before them, given that this infringes on their right to be tried by a competent, independent and impartial tribunal," specifies Alkarama. But rather than protecting civilians from the possibility of being tried in Field Courts, article 5 of the said decree allows the court to disregard the ordinary civilian legislation. Moreover, article 6 states that defendants do not have the right to appeal their sentences, which also applies to cases where death sentences are pronounced. "In practice, this gives the court the possibility to hold trials in secret, with no attendance of lawyers. Sentences – including capital punishment – can then be implemented without further review," Alkarama adds.