V. Monitoring of the SSSC by the Diplomatic Community

Western diplomats gained access to the SSSC in 2004. A European diplomat explained to Human Rights Watch, "The Syrian authorities never formally permitted our presence. At some point they just started to tolerate it."[166] It is unclear what prompted the Syrian authorities to provide this access. One theory is that it was a way to provide legitimacy to the SSSC by showing a degree of transparency, while some Syrian human rights activists and western diplomats think thatthe Syrian government allowed Westerners in "to show that it is fighting terrorism as most defendants are accused of being Islamic extremists and wanting to join the insurgency in Iraq."[167]

The diplomats monitor the proceedings. They do not make any observations or interventions during the trial. They coordinate amongst themselves to make sure at least one person from the diplomatic community attends each trial session.[168] The job of coordination usually falls to the State that occupies the EU presidency.

The diplomats share the information gathered with their capitals. In general, this is the only use of the information. In some rare cases, the international community undertakes demarches on behalf of specific individuals. One experienced diplomat in Damascus told Human Rights Watch that the Europeans made demarches for "Nizar Rastanawi, the group of seven young men, and Aktham Nu`aissa."[169] Of these, only the intervention with respect to the trial of the human rights defender Aktham Nu`aissa may have had an impact, as the SSSC dropped the charges against him on June 26, 2005.

Overall, the impact of the diplomats' presence has been limited. One of the diplomats told Human Rights Watch, "diplomatic presence helps keep the worst extremes happening before us. It is possible that it has a small moderating effect."[170] A Syrian lawyer echoed this sentiment: "the diplomatic presence plays a small role in reducing the court's harsh treatment towards detainees and their families during the trials."[171]

Another diplomat saw additional advantages:

There are two good reasons to continue the practice: First, it shows the Syrian authorities that Western countries are really interested in human rights in the country. (Syrian authorities regularly tend to imply that the human rights would only be an excuse for Western countries to advance other, less moral, interests.) Secondly, it communicates a message to the human rights activists, lawyers, detainees and their families that we care.[172]