مدونة جعفر الخابوري
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مدونة جعفر الخابوري
من طرف جعفر الخابوري الإثنين مايو 08, 2023 9:32 pm
In international law:
There is no specific international definition of a legal nature for the political detainee, and the definition of such a definition is still subject to the evaluation of each specific case or country, without the existence of a legal text or definition that is fit to be comprehensive at the international level.
And Syria has not defined any human rights organization for a political prisoner, and international organizations, such as Human Rights Watch, often use words such as detainees / prisoners / detainees, and sometimes “detainees participating in peaceful political activities” in a clearer reference to their being “political prisoners”.
While Amnesty International uses words such as: detainee/detainee/prisoner; While it used the term “prisoners of conscience” in special cases and in the early stages of the Syrian events, and sometimes referred to Kurdish “political prisoners” and others. It should be noted that Amnesty International distinguishes between “prisoners of conscience” and “political prisoners”, while most international bodies do not make such a distinction.
“Prisoners of Conscience” and “Political Prisoners” According to Amnesty International:
Prisoners of Conscience: Detainees who oppose the state, the organization calls for their immediate unconditional release. Generally, their detention is related to their affiliation, ideas, and peaceful activities, such as:
1- Their involvement in non-violent political activities,
2- Their belonging to minorities demanding self-rule,
3- Their insistence on religious practice prohibited by the state,
4- Their participation in demonstrations, strikes and activities by trade unions,
5- They were arrested under the pretext of committing crimes, when they were only criticizing the authorities,
6- They were arrested because of articles about human rights violations committed in their country,
7- They were arrested because of their refusal to perform compulsory military service on the basis of a specific “opinion”.
8- Because of their refusal to use the official language of the country,
9- Just because they live/are in a specific village or place,
10- Because one of their family members is an outspoken opponent of the government.
As for the “political prisoner,” the organization defines it as follows:
He is the detainee who embraces a basic political ideology, which constitutes an incentive for this detainee to take an action that leads to his arrest. Unlike prisoners of conscience, Amnesty International does not demand the release of political prisoners, nor does it demand special treatment for them (but of course it does demand humane treatment, like all detainees). The organization mentions several examples of cases in which the detainee is considered a politician:
1- A person who has been convicted or accused of committing an ordinary crime but with a political motive, such as murder and looting in order to support the goals of an opposition group.
2- A person who has been convicted or accused of committing an ordinary crime that occurred within a political context, such as demonstrations or protests by trade union groups.
3- The person who was arrested because he is a member of an armed opposition group.
As for Europe:
In 2001, an independent group of experts worked, at the request of the European Council, to set clear criteria for defining political detainees in both Azerbaijan and Armenia - in the context of their negotiations to join the Council - in response to legal shortcomings in this regard, and officially this definition of its criteria is still limited to these two countries. Just:
A person who is deprived of his personal freedom is considered a political prisoner if:
1- If his or her detention violated one of the basic guarantees stipulated in the European Convention on Human Rights and its protocols, in particular freedom of thought, conscience and religion, freedom of expression and information, and freedom of assembly and association.
2- Arrest for purely political reasons, not associated with any crime.
3- If, for political reasons, the period or conditions of detention were clearly disproportionate to the guilt of the suspected or guilty person.
4- If - for political motives - the person was arrested in a way that distinguishes him from other detainees.
5- If the arrest is the result of manifestly unfair procedures, which appear to be politically motivated by the authorities.
Noting that detainees arrested for committing violent crimes, such as terrorist operations, may not be considered political detainees, emphasizing that this distinction is applied in democratic countries where legitimate armed resistance cannot be claimed (i.e., it is not applied in Syria).
These standards have played a helpful role in defining and discussing the situation of political detainees in several countries except Armenia and Azerbaijan. As did the “International Federation for Human Rights” group in its study of the situation of political detainees in Georgia after the revolution.
Finally, at the international level, the AAPP (Assistance Association for Political Prisoners), concerned with political prisoners in Burma, defines a political prisoner as: “a person who has been arrested because of his involvement in the activity of a political movement, whether peacefully or through means of resistance.”
Abu Al-Sanaqi International Cultural Association, President of the Association, Jaafar Al-Khabouri
There is no specific international definition of a legal nature for the political detainee, and the definition of such a definition is still subject to the evaluation of each specific case or country, without the existence of a legal text or definition that is fit to be comprehensive at the international level.
And Syria has not defined any human rights organization for a political prisoner, and international organizations, such as Human Rights Watch, often use words such as detainees / prisoners / detainees, and sometimes “detainees participating in peaceful political activities” in a clearer reference to their being “political prisoners”.
While Amnesty International uses words such as: detainee/detainee/prisoner; While it used the term “prisoners of conscience” in special cases and in the early stages of the Syrian events, and sometimes referred to Kurdish “political prisoners” and others. It should be noted that Amnesty International distinguishes between “prisoners of conscience” and “political prisoners”, while most international bodies do not make such a distinction.
“Prisoners of Conscience” and “Political Prisoners” According to Amnesty International:
Prisoners of Conscience: Detainees who oppose the state, the organization calls for their immediate unconditional release. Generally, their detention is related to their affiliation, ideas, and peaceful activities, such as:
1- Their involvement in non-violent political activities,
2- Their belonging to minorities demanding self-rule,
3- Their insistence on religious practice prohibited by the state,
4- Their participation in demonstrations, strikes and activities by trade unions,
5- They were arrested under the pretext of committing crimes, when they were only criticizing the authorities,
6- They were arrested because of articles about human rights violations committed in their country,
7- They were arrested because of their refusal to perform compulsory military service on the basis of a specific “opinion”.
8- Because of their refusal to use the official language of the country,
9- Just because they live/are in a specific village or place,
10- Because one of their family members is an outspoken opponent of the government.
As for the “political prisoner,” the organization defines it as follows:
He is the detainee who embraces a basic political ideology, which constitutes an incentive for this detainee to take an action that leads to his arrest. Unlike prisoners of conscience, Amnesty International does not demand the release of political prisoners, nor does it demand special treatment for them (but of course it does demand humane treatment, like all detainees). The organization mentions several examples of cases in which the detainee is considered a politician:
1- A person who has been convicted or accused of committing an ordinary crime but with a political motive, such as murder and looting in order to support the goals of an opposition group.
2- A person who has been convicted or accused of committing an ordinary crime that occurred within a political context, such as demonstrations or protests by trade union groups.
3- The person who was arrested because he is a member of an armed opposition group.
As for Europe:
In 2001, an independent group of experts worked, at the request of the European Council, to set clear criteria for defining political detainees in both Azerbaijan and Armenia - in the context of their negotiations to join the Council - in response to legal shortcomings in this regard, and officially this definition of its criteria is still limited to these two countries. Just:
A person who is deprived of his personal freedom is considered a political prisoner if:
1- If his or her detention violated one of the basic guarantees stipulated in the European Convention on Human Rights and its protocols, in particular freedom of thought, conscience and religion, freedom of expression and information, and freedom of assembly and association.
2- Arrest for purely political reasons, not associated with any crime.
3- If, for political reasons, the period or conditions of detention were clearly disproportionate to the guilt of the suspected or guilty person.
4- If - for political motives - the person was arrested in a way that distinguishes him from other detainees.
5- If the arrest is the result of manifestly unfair procedures, which appear to be politically motivated by the authorities.
Noting that detainees arrested for committing violent crimes, such as terrorist operations, may not be considered political detainees, emphasizing that this distinction is applied in democratic countries where legitimate armed resistance cannot be claimed (i.e., it is not applied in Syria).
These standards have played a helpful role in defining and discussing the situation of political detainees in several countries except Armenia and Azerbaijan. As did the “International Federation for Human Rights” group in its study of the situation of political detainees in Georgia after the revolution.
Finally, at the international level, the AAPP (Assistance Association for Political Prisoners), concerned with political prisoners in Burma, defines a political prisoner as: “a person who has been arrested because of his involvement in the activity of a political movement, whether peacefully or through means of resistance.”
Abu Al-Sanaqi International Cultural Association, President of the Association, Jaafar Al-Khabouri
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تاريخ التسجيل : 19/04/2023 -
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