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Syrian law Manual regarding the return of Syrian refugees in Europe



Date of publication: 2018-02-08 09:38:46

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In areas not controlled by the Syrian regime, there is a risk of death by rocket-propelled grenades, barrel bombs, rockets or the chemical weapon or the attacks of the Syrian or Russian regime or the Alliance or submission and the Pursuit and the prison and maybe death by Radical Islamic extremists controlled by not a few areas in Syria like the Islamic State (ISIS) and al-Nusra-Front and The People's Protection Units (YPG) and Partiya Yekitîya Demokrat(PYD)
And In areas under the control of the regime or allied militias in addition to security and wanted lists prepared by Syrian security against all those who express his opinion about opposing the Syrian regime or criticizing its performance or protesting its practices to be obliged to fight on the fronts without any training under the law on conscription and to engage in a war aimed at his family and destroy his life to undergo control by foreign militias and uncontrolled local gangs outside any control or death by indiscriminate explosions or projectiles targeting civilians in every.
Places and There is a legal risk that the refugee will be imprisoned as a result of exit from Syria and requesting asylum .
1- Military Service Law.
2- The Legislative Decree 30 for the Year 2007 Military Service Law.
http://www.parliament.gov.sy/arabic/index.php?node=5571&cat=4921
Article 96
Who remain behind without excuse to be arrested wherever he is found as from the date of his absence until the age of forty-two and the military sanctions law in Syria provides for sanctions against the failure on the performance of compulsory service and severe penalties for desertion the penalty varies and is significantly tightened if the escape is outside Syria and reaches the execution according to the following articles of the law Military sanctions promulgated by Decree No. 11 of 1593
https://groups.google.com/forum/#!topic/syrianlaw/VZrrKc3c_vA
Article 99
1. Anyone who was in charge of military service and who did not respond in case of war or advocacy in case of War fled before joining with his Battalion. Punishable :
A- 1 to 6 years ' imprisonment if he/she joins within seven days of the date of join his cohort. B- Imprisonment from four months to two years if arrested within seven days of the date of expiration of the join C- Imprisonment from six months to two years if he returns in the three months following the seven days. D- One to three years ' imprisonment if arrested during the three months following the seven days.
H- Three to five years ' detention if he returns voluntarily after three months and provisional arrest if arrested after three months. 2 - They’re sent remain behind into their units to perform the required military service, taking into account the law on military service.
Article 100
1- He is considered a fugitive within the country in peacetime.
A- every army or equal them is absent from his Forces or his battalion without permission and it has been six days since the date of his illegal absence, but the military, who does not have three months in service, is no longer a fugitive until after the absence of a month.
B- Each soldier travelled alone from battalion to battalion or from point to point and ended his vacation and did not join within fifteen days of his arrival or return date.
2- Military or equal soldiers fleeing the country shall be punished in peacetime. One to five years ' imprisonment, and if the fugitive is an officer or a professional officer, he may be judged above the penalty of dismissal from service.
3- The penalty shall not be less than two years ' imprisonment in one of the following conditions:
A- If the fugitive takes a weapon, materiel, animal, machinery or any other equipment belonging to the army or clothing that is not worn by usually.
B- If he escapes while he is in service or in front of insurgents.
C- If he ever fled before.
4- The time limits provided for in this article are reduced to one third of that of war the penalty may be doubled
Article 101
1- A fugitive outside the country is considered a time of peace every military crossing the Syrian border without permission leaving the cohort belonging to it and joining a foreign country after three days of illegal absence and this period becomes one day in wartime
2- The fugitive is punished out of the country for five to ten years
3- The penalty of provisional arrest raised to fifteen years if the military has fled out of the country in one of the following conditions :
A- If the fugitive takes a weapon, materiel, animal, machinery or any other equipment belonging to the army or clothing that is not worn by usually.
B- If he escapes while he is in service or in front of insurgents.
C- If he ever fled before.
D- If the time of war or territory has fled at war or in an area where martial law has been declared.
E- If the fugitive is an officer, he is punished with the maximum penalty of provisional arrest.
Article 102
1- Every soldier who commits the crime of escaping to the enemy is sentenced to death.
2- If the escape occurs in front of the enemy, it is punishable by life imprisonment, and if the fugitive is an officer, he or she shall be punished by hard labour for life and shall be liable to the penalty of expulsion in all cases.
Article 103
1- A conspiracy escape is considered every escape from two or more soldiers after they have agreed.
2- The head of the plot is punished to flee the country by provisional arrest, not less than five years, and if he is an officer, he shall be punished with hard labour for at least five years.
3- The head of the conspiracy to flee within the country is punished by arrest from three to ten years.
4- The other fugitives are sentenced to one to five years ' imprisonment if fleeing inside the country and if they are abroad, the fugitives are punished with the penalty of fleeing abroad
5- Wartime is punishable by death.
And since all the refugees are men from 11 to 92 years old they became absolutely of the service is either absentee or fleeing of perform, which means categorically that they are arrested on arrival in Syria and referred to the military court or the terrorism court for this is a reason other than the other reasons that are punishable by the illegal exit from the country and are punished by three months ' imprisonment and a fine, if the refugee is not wanted by any security authority because of his opposition to the regime or the presentation of statements that the Syrian regime considers to be false when applying for asylum as threats, persecution or fear on his life in Syria, and since Decree No. 99 of 2311 granted the security services and the police have the right to hiding the detainee for 60 days without being brought before a court.
https://groups.google.com/forum/#!topic/syrianlaw/XjhkLTJEqgY
And not to be allowed to communicate with his lawyer because the lawyer was prevented from attending with his client in police and security departments with various types of torture, which reportedly led confirmed by international bodies and non-governmental organizations, more than 20,000 detainees have been killed in Syrian jails due to torture or other conditions humane in detention, loss of medical care, inadequate food, suffocating congestion and other reasons, the loss of life of the detainee is almost Certainly
Nor does the Syrian citizen have the right to pursuance the security agents because of the crimes Committed against them before obtaining their president's consent as stipulated in article 11 of the Decree legislative Act No. 14 on the creation of the State Security D
http://www.shrc.org/?p=7451
Neither the army nor the police can be prosecuted for the crimes they commit before obtaining the approval of the Minister of Defense as per the texts the above-mentioned Military Penal Code and the amendment made by Bashar al-Assad by Decree No. 15 of 2331
Since the judiciary in Syria is a non-independent authority and follows the executive power according to the composition of the Supreme Council of the Judiciary Promulgated by Decree No. 51 of 151
http://www.damascusbar.org/AlMuntada/showthread.php?t=4670
Under article 19, the Supreme Council of the Magistracy is composed of seven members, presided over by the President of the Republic on behalf of the Minister of Justice, the President of the Court of Cassation, two senior advisers, the Deputy Minister of Justice, the President of the Judicial Inspectorate and the Attorney-General which means that four members of the Council are subordinate to the authority. The Executive Board is therefore subject to the decision of the executive, the law also combines the judges of the Public Prosecutor's Office under the direct authority of the Minister of Justice with the judges and does not differentiate between them, which makes everyone under the direct authority of the Minister of Justice. Therefore, it is not possible to ensure that defendants are subject to a minimum fair trial requirement to impose their arrival alive to a court.
As well as the law on the events of the terrorist court, which is a civilian and military investigating judge without a reference to appeal against the decisions of the investigating judges and the terms of the fight against terrorism vague, vague and undefined terms giving full power to the judges to adapt any act as a terrorist act without any room for review or appeal
http://ouruba.alwehda.gov.sy/node/226558
http://www.syria-news.com/bnews/node/823
We in the Syrian Centre for Legal Studies and research consider that any forcible return of Syrian refugees to Syria is a sentence of execution except for violating the basic Principles on human rights and protection and international conventions on asylum. Lawyer Anwar AL Bunni Head of the Syrian Centre for Legal Studies and research







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