II. Repression of Public Gatherings since March 2004

In early June 2004, three months after the March 2004 events, officers in Military Intelligence reportedly summoned three Kurdish leaders to warn them that all Kurdish parties in Syria had to cease their political and cultural activities; otherwise, the government would treat them like members of other banned parties.[32] In response to that warning, leaders of 12 unlicensed Kurdish political parties held a meeting in Qamishli on June 15 and issued a statement. They asserted their right to continue their activities and that their lack of legal status was due to the absence of a “law organizing political parties”; they noted that all parties in Syria, including those in power, were unlicensed.[33]

Unrest flared in May 2005 after the murder of Sheikh Ma`shuq al-Khaznawi, a respected Kurdish religious leader. The details of al-Khaznawi’s death are murky: he disappeared in Damascus and was later found killed. The authorities blamed the murder on “criminal elements,” but many Kurds suspected the authorities; Khaznawi had made a number of statements about the oppressed Kurdish poor and had met with representatives of the Muslim Brotherhood. At a demonstration following his funeral, police beat protesters and arrested an estimated 60 Kurds.[34]

Since then, Syrian security forces have cracked down on Kurdish political and cultural gatherings, often resorting to violence to disperse the crowds. Kurdish groups have in response increased their calls for public gatherings.

In at least two cases documented below, the security services fired on the crowds and caused deaths. To Human Rights Watch’s knowledge, the authorities did not order any investigation.

As time has passed, the freedom to organize has not improved. Kurdish news sources reported that the office of National Security (Amn al-Qawmy) issued a decision in April 2008 “forbidding any gathering or protest or celebration without the approval of the Ministry of Interior, and forbidding the raising of Kurdish flags and referring those who raise them to the State Security Court on the accusation of treason and attempting to cut a part of Syria.”[35] Human Rights Watch was unable to confirm the existence of such a decision. However, Kurdish leaders informed Human Rights Watch that the security services called them in for a meeting in May 2008 and informed them that “there are instructions from the leadership that gatherings are forbidden.”[36]

Repression of Demonstrations For Rights

On December 10, 2006, the Yekiti party called a demonstration in Qamishli to mark International Human Rights Day and to call for recognizing Kurdish rights in Syria. According to two participants, the security forces beat a number of demonstrators and dispersed the participants before they even reached their meeting point.[37] Fuad `Aliko, a leader in the Yekiti party, described how the police attacked him:

The security forces encircled me, with my two sons and Ibrahim Berro [another leader in Yekiti]. They started beating me in a hysterical way. I had to be treated for my wounds for 15 days.[38]

On March 8, 2008, the security forces dispersed crowds that had gathered in `Ain `Arab to celebrate International Women’s Day. According to a participant, the authorities fired bullets in the air and launched teargas canisters.[39] They arrested approximately 10 people, including two minors, Semiar Sheikhi Bu Wiso and Nuhad Buzan.[40]

On March 9, 2009, a security contingent from the Qamishli police force stopped a musical event organized by the KDP-S (now commonly known simply as “al-Party”) in Qamishli in celebration of women’s role in society. The party’s folkloric dance troop was participating. An individual who was there described the scene to Human Rights Watch:

Fifteen minutes after the celebrations had started, the security forces circled the room. They were carrying guns and sticks, and they scared the women and children. They quickly confiscated the [sound system] speakers and the chairs.[41]

In November 2008, Kurdish groups began organizing demonstrations against Presidential Decree No. 49. The decree, enacted on September 10, 2008, restricts the ability of people living in certain border areas of Syria to sell or purchase property without prior approval from the authorities. As a result, property transactions cannot proceed without state approval; families needing to sell land or buildings to access money, or to purchase property for expanding families, are now subject to state review and approval, without any required timetable for approval, or criteria for decision-making.

The decree mostly impacts Kurds, as they represent a majority of those living in the affected border areas. Many Kurds fear that this decree is one more way of forcing them to leave the areas where they have traditionally lived, by making it impractical and difficult to acquire new property for growing family needs, and otherwise by undermining the local economy; they have accordingly mobilized to try to reverse it.[42]

On November 2, 2008, a number of Kurdish political parties organized a demonstration in front of parliament in Damascus to protest the decree. According to two participants, more than 300 turned out for the demonstration, which they described as peaceful. These witnesses said police detained around 200 people and released them after 13 hours.[43] Hasan Saleh, a political leader in the Yekiti party who was also present at the demonstration, told Human Rights Watch,

Security forces detained me at 9:15 a.m. and kept me there until 1 a.m. at night. I and others were leading a protest against Decree No. 49. They detained more than 190 people that day. After my arrest, they took me to the criminal security branch at Bab al-Musala to take my fingerprints and later referred me to the Maysat branch of Political Security. There, the security officials insulted me and humiliated me and forced me to take off my clothes. After the interrogation, they put me in a solitary cell until releasing me at 1 a.m.[44]

(This and other arrests of Hasan Saleh are discussed further in chapter III.)

According to one of the three witnesses we spoke to, a human rights activist, police officers also beat Abdel Salam Othman, a disabled person, and the activist Harveen Ossi.[45] On November 14, 2008, the security services released the last two persons detained in connection with the protest.[46]

Nine political parties called for a 10-minute vigil in multiple towns in al-Jazeera against Decree No. 49 on February 28, 2009. Security forces did not even wait for the vigil to begin detaining people. One of the organizers recounted his experience:

On February 28, 2009, [in the morning] an armed patrol from Political Security detained me in front of my brother’s supermarket. They said it was because of the invitation by nine Kurdish parties to participate in a vigil.... The patrol took me to the Political Security branch in Derbassiye around 10:30 at night where they searched my cellphone and personal belongings. They then took me to the Political Security branch in Hasake, where a first lieutenant, who heads the “parties section,” threatened me and later sent me to the basement. There, I found detainees from various areas. We were in total 21 people, including Sulayman Isma`il; Sulayman Osso; Muhammad Osso; Baha’ Fatmi; Anwar Naso; Muhammad Issa; Abdel Majid Sabri; Adnan Sulayman; and Mahmud Omar.

We were not beaten or tortured, but we were badly treated. They put 18 of us in a small cell that cannot fit more than seven people. They left us without food until they took us to see the head of the section in charge of political parties, who asked us to sign a written commitment not to participate in any gathering or action in the future. We refused. They released us at 1 a.m. after detaining us for 14 hours.[47]

(For related subsequent arrests and prosecutions of activists, see chapter III.)

Repression of Cultural Celebrations

The Syrian authorities have repressed celebrations of the Kurdish new year, Nowruz, over the past three years. A Kurdish activist explained to us the significance of Nowruz, which means “new day” in Kurdish:

Nowruz is intimately connected to the history of the Kurdish nation. Traditionally, celebrations start with lighting bonfires on hilltops at night. More recently, the bonfires have been lit on main gathering points in Kurdish towns or neighborhoods, and crowds dance around the fire. During the day, Kurds try to go into nature, and people often dance in traditional costumes. The significance of Nowruz goes beyond celebrating the new year, it is also a celebration of freedom.[48]

On March 20, 2006, the authorities arrested a number of people in the Ashrafieh neighborhood of Aleppo who were celebrating Nowruz.[49] According to Syrian human rights activists, the authorities used teargas and batons to disperse a gathering estimated by some activists at 3,000 Kurds.[50] When the police tried to stop the gathering, there were confrontations between the demonstrators and the police, and some news reports talked about rioters burning two police cars.[51] According to Kurdish human rights organizations, the security services detained dozens of demonstrators, with some groups estimating the number at around 100.[52] A few days later, they released at least 18 minors.[53] On March 27 the security services referred at least 19 individuals, a majority of whom were minors, to the third investigative judge in Aleppo, on accusations of “resisting authority and causing rioting.”[54] In September 2006 the security forces released 75 Kurds whom they had detained in Aleppo; it is unclear whether some or all of the 19 individuals referred to the investigative judge were among them.[55]

Two years later, on March 20, 2008, security authorities dispersed a crowd who had gathered to celebrate Nowruz in Qamishli, but this time with deadly consequences. Participants in the festivities told Human Rights Watch that about 200 people gathered around 6:30 p.m. on a road in the western part of Qamishli. They lit candles on the side of the road and a bonfire in the middle, around which some performed a Kurdish traditional dance. “This was a celebration of Nowruz, not a political demonstration,” one of the participants told Human Rights Watch.[56]

Firefighters appeared on the scene to extinguish the bonfire, while police and intelligence officers fired teargas canisters and live ammunition in the air to disperse the crowds. Two participants told Human Rights Watch that when the celebrants failed to disperse, individuals wearing civilian clothes and driving in a white pick-up truck of the type usually used by intelligence officials fired their assault rifles into the crowd. “Without any warning, they started firing at the ground and suddenly bullets started flying indiscriminately,” an eyewitness told Human Rights Watch.[57]

The shots immediately killed Muhammad Yahya Khalil and Muhammad Zaki Ramadan. A third man, Muhammad Mahmud Hussein, died later from his wounds. All three were between 18 and 25 years old. Those wounded include Muhieldin Hajj Jamil `Issa, Karam Ibrahim Yusif, Muhammad Kheir Khalaf `Issa, Riad Yussef Sheikhi, and Khalil Sulayman Hussein.[58]

It is unclear what provoked the security forces to fire into the crowd. According to three participants in the celebrations, none of the Kurds were armed or resorted to violence. Reuters reported that one resident in Qamishli told them that some “youths burned tires and threw stones at the riot police,” but Human Rights Watch was unable to confirm this claim.[59] Syrian authorities have not issued a statement on the incident, and Human Rights Watch is not aware of any investigation by the authorities into the incident.

The security services also sought to prevent Kurds from celebrating Nowruz in March 2009. On March 21 hundreds had gathered to celebrate in the Aleppo neighborhoods of Ashrafieh and Sheikh Maqsud. As participants tried to march through the streets, security forces stopped them. Participants responded by throwing rocks and violent confrontations ensued. According to a media report, two policemen and a security officer were injured, one of whom was injured by a knife.[60] Members of the police and Political Security detained dozens of individuals and later referred 14 minors to the judiciary, which charged them with undertaking “acts, writings or speech that incite sectarian, racial or religious strife” and rioting (articles 307, 335, and 336 of the Syrian penal code).[61] The judiciary released them on March 29, and their trial is currently ongoing.

Between March 27 and 31, 2009, security services also detained a group of seven Kurds from the village of Derbassiyeh, next to Qamishli, because they had lit a bonfire in their village during Nowruz celebrations. On April 4 a military judge in Qamishli charged them with “inciting sectarian conflict” and “rioting” (penal code articles 307 and 336). They were released on May 31. On July 12 a military judge sentenced them to two months in prison, their pretrial detention counting as time served.[62]

On April 8, 2009, Military Intelligence detained at least nine people from the town of Ras al-`Ain. According to two Kurdish human rights groups, the detentions were connected to the celebration of Nowruz. Security services released them on April 16.[63]

In addition to repressing Nowruz celebrations, the Syrian authorities often prevent Kurds from holding cultural celebrations that they perceive as celebrating “Kurdishness.” For example, on March 8, 2008, security forces blocked a concert in Aleppo organized by the Juwan Establishment for Ground Transportation to honor outstanding Kurdish university students at Aleppo University. [64] On November 27, 2008, the organizing committee of the Khabur Festival for Young Writers invited the Nareen Troop for Kurdish Folklore to participate in the closing ceremony of the festival in al-Hasakeh. According to the Kurdish human rights group MAF, the organizing committee had obtained the approval of the governor of al-Hasakeh and the head of the al-Hasakeh city council. However, after the Nareen dance group came to the festival and began rehearsing, officials intervened to stop the performance. According to MAF, it was because of a decision issued by the Ba`ath party in the district. [65]

Repression of Solidarity Events with Kurds in Iraq and Turkey

Syria was a supporter of Kurdish groups in Turkey and Iraq in the 1970s and 1980s, but it no longer allows Kurds in Syria to express public support or sympathy for Kurdish groups in these two countries, in particular the PKK in Turkey. According to a Kurdish activist in the PYD, a Syrian Kurdish party that is an offshoot of the PKK, “pressure increased on us after the Adana agreement between Syria and Turkey in October 2008,” pursuant to which Syria agreed to recognize the PKK as a terrorist organization and to cease all aid to the PKK.[66] The two countries also agreed to cooperate on security matters related to the PKK.[67]

Since 2004 the Syrian government has quashed public gatherings to express solidarity with fellow Kurds across international borders with harsh measures, including firing live ammunition at demonstrators, arrests, detention, and prison terms.

On November 2, 2007, Syrian security forces used live bullets and teargas to disperse at least 200 Syrian Kurds who participated in demonstrations in Qamishli and `Ain `Arab called by the PYD to protest Turkish threats to invade Kurdish areas in northern Iraq, and Syria’s support of Turkey’s decision.[68] One of the participants described the events in Qamishli:

At around 3 p.m., hundreds of people gathered in the Hilaliyyeh area carrying pictures of Öcalan and flags of the PYD. Security forces had assembled in front, including the director of the Qamishli region and a police unit brought in from Damascus. The security units were armed. Suddenly, they began firing teargas to disperse the crowd and chaos ensued.[69]

According to media reports, protesters responded by throwing stones, and security forces fired live bullets, causing the death of `Issa Khalil Mulla Hussein, age 24, and injuring at least two others, Shiar `Ali Khalil, 25, and Bilal Hussein Hassan, 24.[70]

The security forces also detained dozens of Kurds, including women and children. They released most of them shortly thereafter, but kept 15 people in detention, including PYD leaders `Issa Hesso, Jamil Ibrahim `Omar, and `Abbas Khalil. The security forces referred the detainees to a military court on charges of “inciting sectarian strife” (article 307 of the penal code), gathering for rioting (article 336), “interfering with security men while doing their job” (article 372), and joining a “political ... or international group without the permission of the government” (article 288).[71]

In addition to the 15 detained men, the military prosecutor charged nine others with similar charges, including Yekiti party leaders Hasan Saleh and Fuad `Aliko, who denied participating in the demonstration and had witnesses to show that they were not there[72] (Saleh’s and `Aliko’s consequent prosecution is described in chapter III). The security services kept the 15 men in detention until December 3, 2008. On April 14, 2009, the fifth Sole Military Judge in Damascus issued his decision, sentencing a number of detainees to 13 months in prison, while others received lesser terms.[73]

In addition, the security services referred six minors to be tried separately before the al-Hasakeh Criminal Court for Minors.[74] On December 31, 2007, the court ordered their release.[75]

The security forces used force to break up a demonstration of hundreds of Kurds who had gathered for the same reason on November 2, 2007, in `Ain `Arab.[76] According to reports by human rights activists, the security services also detained a number of people at the protest but released them later that day.[77]

The security services also pursued Kurdish leaders who may have attended or organized the November 2 gatherings. On November 27, 2007, a police patrol detained Othman Muhammad Sulayman Ben Hajji, 62, a former parliamentarian, from his home in the village of Dadali, following his alleged participation in the November 2, 2007 demonstration in Qamishli. On January 22, 2008, the security forces transferred him to a hospital following deterioration in his health due to cancer. On February 5, 2008, he fell into a coma and was released to his family three days later. He died on February 18.[78]

On November 28, 2007, a joint patrol of police and State Security officers detained `A’isha al-Afandi, 48, and Kawthar Tayfur, 50, two female members of the PYD, from their respective homes, after their participation in the November 2 protest. They held them in incommunicado detention for one month before allowing them any contact with their families and lawyers.[79] After nine months of detention, the security services referred them to a military judge in Aleppo who released them on August 24, 2008, after questioning. `Aisha al-Afandi’s husband, Saleh Muslim, is a leading member of the PYD and has been on the run from the Syrian authorities since November 27, 2007.

One month after the November protests, on December 28, 2007, Kurdish political parties organized another gathering, this time in the Ashrafieh neighborhood of Aleppo, to condemn the operations of the Turkish army against the PKK in Iraq and Turkey. Similar to what happened in November, the Syrian security forces broke up the protest and detained some of the protesters. According to Kurdish human rights groups, the security services detained at least 15 protesters.[80] Human Rights Watch was able to obtain the names of 10 protesters who were detained: Najmi Bakr, Hassan Ibo, Rashid Sulayman, Sha`ban Habib, Mustapha Kahya, Adnan Khalo, Muhammad Khalo, Ibrahim Rasho, Khayri Jum`a `Alo, and Basri Darwish.[81] What happened to them subsequently has not been reported.

Two months later, the PYD organized a gathering on February 15, 2008, in the neighborhood of Sheikh Maqsud in Aleppo to mark the anniversary of the arrest of Abdullah Öcalan. Syrian authorities dispersed the gathering, and two days later State Security arrested at least 11 individuals who are believed to have participated in the gathering. These include Jihan Ali and Hanifa Hubbo, two female members of the PYD who had run in the April 2007 parliamentary elections, Hauzan Muhammad Ameen Ibrahim, `Alikeh Abu Abbas, and five of his sons (Yaser, Abdo, Najem al-Deen, Muhammad, and Seif al-Deen), Subhi Mustapha, and Abdel Rahman Jawish.[82]  What happened to them subsequently has not been reported.

Kurdish human rights groups and political activists reported that on October 16, 2008, the security services detained 10 individuals, including one minor, Muhi al-Deen Kahraman, who were in a convoy heading to the town of Jawadiyat to present their condolences to the families of six PKK fighters who had died in confrontations with the Turkish army in northern Iraq. The security forces referred the detainees to the Political Security branch of Qamishli, and then to Political Security in al-Hasakeh. Political Security released the minor after three months but referred the remaining nine to a military judge in Qamishli on charges of “demonstrating, repeating chants that glorify Kurdistan and the head of the PKK, lifting unpatriotic banners, and flags” (relying on articles 327, 328, 336, and 338 of penal code). They released them six months later, on April 16, 2009; it is not clear whether any further steps were taken in the judicial process.[83]

 

Repression of Commemorations

Syria’s security services have also cracked down on commemorations held to mark anniversaries of important events for Syria’s Kurds, such as the March 2004 events or the death of important leaders.

On June 5, 2007, a number of political parties organized a march in Qamishli to mark the anniversary of Sheikh Khaznawi’s assassination. Security forces broke up the protest, which involved hundreds of demonstrators, and arrested a number of Kurds; most were released on bail two months later. The security forces referred 50 individuals to a military judge, who charged them with undertaking “acts, writings or speech that incite sectarian or racial strife” and rioting (articles 307 and 335 of the penal code).[84] They also referred 10 minors to a juvenile court, charging them with destroying public property.[85] Human Rights Watch has been unable to determine what happened subsequently.

The security services investigated a group of Kurdish secondary school students at the Abi Zer al-Ghafari school in the town of Hasake because they held a five-minute vigil on March 12, 2008, to commemorate the March 12, 2004 events at the soccer stadium in Qamishli, which ignited the 2004 protests.[86]

On March 12, 2009, security services in Aleppo detained 13 university students because they had organized a gathering to commemorate those who died on March 12, 2004. On March 25 the security services released Kawa Deco, a first-year student in the Agriculture Institute in Aleppo.[87] On April 2 a military judge decided to release four others.[88] Human Rights Watch was unable to obtain information about the other eight students.

Also on March 12, 2009, to commemorate the fifth anniversary of the March 2004 events, four political parties held an event at the cemetery in Qamishli where many of those killed had been buried. The security forces came to the event, but allowed it to take pace. However, during the event they called Yekiti leaders Fuad `Aliko and Ibrahim Berro in for questioning.[89]