In response to your above request we may provide you with the following information:

 

The Arab Penal Reform Organization (APRO) published a version of the Syrian Penal Code from 22 June 1949 on its website. As the original document is available in Arabic only, we provide you with a working translation of articles 331 to 337. Please note that this translation was neither done by a professional translator nor by a lawyer. It can therefore only serve as a general overview of the content of the given articles. No responsibility is taken for the correctness of the translation. The Arabic version of the text is enclosed below for further assessment by experts. The translation of articles 335 and 336 were taken from a state party report to the Human Rights Committee of the UN CCPR from August 2000 and from the NGO Report to the United Nations Human Rights Committee by OMCT from October 2005. The texts were compared with the Arabic version and differences are marked. Also, unclear passages are marked:

“Article 331

If any director or project manager or employee or worker stops working either with a view to bringing pressure to the authorities or to protest against a decision or a measure taken by the authorities, all the criminals shall be liable to a punishment of detention or forced stay [unclear, RJ] of at least three months.

Article 332:

1. Every violent seizure committed by more than 20 persons and followed by launching or beginning to being implemented [unclear passage, RJ] shall be punishable by detention and a fine if it aims to disrupt

a. transport service in Syria or between Syria and other countries

b. post, telegraph or telephone services

c. either of the institutions specialised to provide water and electricity.

2. The same punishment shall be imposed to a person in charge of any of the institutions mentioned above if he stopped its [the institutions’, RJ] work without legitimate reason.  

3. If a crime is committed either by violent acts against people or things, or by a threat or any other kind of terrifying means, or by any kind of fraud or feigning that can make an impact on a person, or by gathering in public places, or by the occupation of workplaces, the offenders shall be punished by detention of at least six months.

Article 333:

Who uses one of the means mentioned in the last paragraph of the previous article and influences others or tries to influence them to stop their work [unclear passage omitted] or tries them to discontinue their work further on, shall be punished with detention of maximum one year and a fine not more than 100 Lira.

Article 334:

Every director or project manager and every employee or worker who refuses or delays the implementation of decision of an arbitration or any other decision from the labour court, shall be punished by detention from 2 months to one year.” (Syrian Penal Code, 22 June 1949, as published on APRO website; working translation)

“283. Article 335 of the Syrian Penal Code prescribes the following penalty for participation in a riotous demonstration: “Anyone who, while participating in an assemblage which is not of a private nature given its aim or purpose, the number of persons invited thereto or participating therein, the location at which it is held or the fact that it is held in a public place or at a location which is open to the public or exposed to public view, shouts or chants riotous slogans, displays an emblem likely to disrupt security or engages in any other form of disorderly conduct shall be liable to a penalty of detention for a term of six  months [arabic version: one month, RJ] to one year and a fine of LS [Syrian Lira] 100.” (UN CCPR, 25 August 2000, p. 66; compare OMCT, October 2005, p 50-51)

284. With regard to riotous assembly, article 336 of the Penal Code stipulates that: “Any gathering or procession on a public thoroughfare or in a place open to the public shall constitute a riotous assembly punishable by detention for a term of one month to one year if it consists of three or more persons seeking to commit a felony or a misdemeanour or at least one of whom is armed; if it consists of not less than seven persons demonstrating against a decision or a measure taken by the authorities with a view to bringing pressure to bear on the latter; or if it consists of more than 20 persons manifestly seeking to cause a disturbance of the peace”.” (UN CCPR, 25 August 2000, p. 66)

“Article 337:

1. If people gather as stated above they shall be warned to disperse by the administrative power or by an officer from the judicial power.

2. Those who disperse before the warning of the authority or those who obey immediately to the warning of the authority without using their weapons and without commmitting any misdemeanour shall not be punished with the punishment described above.” (Syrian Penal Code, 22 June 1949, as published on APRO website; working translation)

“The State Report affirmed that Syrian law does not restrict the exercise of the right to peaceful assembly, except where necessary in order to protect public safety, national security, public order, the rights of others, public health or public morals. In Syria, the right of peaceful assembly is denied if the demonstration in question is likely to become riotous and disturb public peace. The law imposes punishments for this type of demonstration and assembly.

On 13 and 14 March 2004, fifteen students demonstrated against the police attitude during the last Qamchli events. Immediately afterwards, these students were expelled from university, others were detained, tortured and caused to suffer because of ill-treatment. Most of them were released a few days later. On 14 March 2004, Mr. Ahmad Khazem (CDF member) was arrested in his work office because of his participation in the demonstration on 8 March 2004. In the evening of the same day, Mr. Hasan Watfa (CDF member) was arrested in his home. They both disappeared for 55 days. They were detained in Damascus, in a Military Security-Palestine Division.” (OMCT, October 2005, p 50-51)

Among the sources consulted by ACCORD no other information could be found on articles 331-337 of the Syrian Penal Code.

Arabic version of Articles 331 to 337:

[Arabisches Zitat entfernt]

This Response was prepared after researching publicly accessible information currently available to the ACCORD within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.