Observations of Syria on the joint request for the indication of provisional measures submitted by Canada and the Netherlands

The Embassy oft!te Syrian
Arab Republic
Brussels
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μ.9_r.
Letter from the Charged' Affaires of the Embassy of the Syrian Arab Republic in
Brussels addressed to
the Registrar of the International Court of Justice
Brussels - October 10, 2023
1. Referring to the conespondence received by the Syria11 Arab Republic (Syria) on June
9, 2023 from the International Court of Justice including the joint application (The
application) "to initiate proceedings on behalf of Canada and the Kingdom of the
Netherlands (Applicants) against Syria", related to "a dispute under the Convention
against To1ture and other Cruel, Inhuman or Degrading Treatment or Punishment"
(Convention against Torture), and the request for the indication of provisional measures,
which have been both filed with the Registry on June 8, 2023; the Syrian Arab Republic
wishes to indicate the following:
Introduction
2. Syria reaffi1ms its co1m11itment to respect international law and multilateral
international treaties, inter alia, the Convention against To1ture and other Cruel,
Inhuman or Degrading Treatment or Punishment, and that it deals with issues related to
this very seriously.
3. On this basis, Syria dealt openly and positively with the written correspondence
received from the applicants, and tried in serious manner and in good faith to consider
their concerns and point of view and to address what was raised by them, whether in the
written correspondence between the two sides, or during the two in-person meetings
that were held in the city of Abu Dhabi in the United Arab Emirates on April 26, 2022
and on October 5 and 6, 2022 between the delegation of Syria and the delegations of
each of the applicants, with the aim of reaching an agreement with them.
4. Since the first Note Verbal that Syria received from the Kingdom of the
Netherlands, and in all subsequent correspondence from the applicants, and in the
two meetings, the applicants refused to engage in any serious and real discussions
to reach an agreement or even interact with the explanations and inquiries made
by Syria, even though they were the parties that took the initiative to raise issues
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related to the application of the Convention against Torture. The applicants kept
insisting only on one point, which is to obtain a prior acknowledgement from Syria,
without any genuine discussion or actual exchange of information, that Syria "has
breached several obligations enshrined in the Conviction against To1ture", and it bears
responsibility of "theses breaches of international law that constitute internationally
wrongful acts" and "that responsibility gives rise to legal consequences for Syria". It is
clear that such an approach based on preconditions- such as that insisted on by the
applicants- contradicts and undermines the purpose and concept of the negotiations
stipulated in Article 30 of the Convention, and renders these negotiations devoid of
content, meaningless and needless, from a practical and legal standpoint.
5. Accordingly, it was clear that the applicants only aimed to pass the procedural
steps and time pointlessly, which contradicts the text and spirit of the Convention
against Torture, especially the main goal and purpose of the Convention, which is "to
make more effective the struggle against torture and other cruel, inhuman or degrading
treatment or punishment throughout the world", and also disrupts the means and
mechanisms oflnternational Justice, and jeopardizes their credibility.
Prima Facie Jurisdiction and Admissibility
The applicants rely on A1ticle 36(1) of the Statute and Atticle 30(1) of the Convention to
establish the jurisdiction of the Court. The couit needs first to ensure that it has at least
prima facie jurisdiction. In this regard, Syria states the following:
6. With regard to the rights and obligations arising from human rights insb.'uments,
including the Convention against Torture, the obligation by international law is to
respect, protect and implement human rights. And the obligations arising from these
treaties are individual obligations of states, and don't have the potential to create a
dispute among the state parties, as long as it is not proven that damage has been
caused to another party in conjunction with the existence of a causal relationship
between the act and the damage according to the rules of international liability.
That is, these obligations and rights in human rights treaties are, in principle, not of a
reciprocal nature. This conclusion is based on a nwnber of legal considerations:
7. Some international conventions dealing with human rights did not hesitate to enshrine a
text that gives other state patties the right to raise the responsibility of a state paity that
violates these obligations contained in the agreement. For example, what was stated in
Article 33 of the European Convention on Human Rights'. Accordingly, if this type of
agreement created mutual obligations, the inclusion of such a text in the agreement
would not have been necessary. The authors of the text of the European Convention
realized that the agreements create rights and obligations towards another party only in
the event that rights they enjoy are violated, but this does not create an inherent right for
all states to address any assumed breach of any obligation contained in the Convention.
Therefore, a text must be drawn up that clarifies this right granted to all state patt ies.
1 "Any High Contracting Party may refer to the Court any alleged breach of the provisions of the
Convention and t he Protocols thereto by another High Contracting Party".
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8. Refoning to the Vienna Convention on the Law of Treaties of 1969, there is no text
supporting the creation of additional obligations to be imposed on the pmties to an
international agreement. Rather, this Convention had enshrined the principle of
relativity of the effect of treaties (Articles 31, 35, 36 of the Vienna Convention).
Based on the foregoing, tbe Court does not have jurisdiction, as the two applicants
do not have the right to raise allegations about Syria's responsibility for violating
the Convention, since they did not prove the existence of damage to them or the
existence of a causality relationship between the act and the damage according to
the rules of international liability.
9. Article 30 of the Convention against Torture (1) states that:
"Any dispute between two or more States Parties concerning the interpretation or
application of this Convention which cannot be settled through negotiation shall, at the
request of one of them, be submitted to arbitration. If within six months from the date of
the request for arbitration the Patties are unable to agree on the organization of the
arbitration, any one of those Parties may refer the dispute to the International Comt of
Justice by request in conformity with the Statute of the Court."
10. The applicants allege that there is a "dispute" between them and Syria regarding the
interpretation and application of the Convention, and that they have made a "serious
attempt through negotiations to resolve the dispute regarding Syria's violation of the
Convention against Torture," and that "negotiations between the parties had become
deadlocked or futile" .
11. The Convention established a mechanism with specific steps and a procedural sequence
in otdei to deal with the issue of state's failure to fulfill their obligations under this
Convention, in accordance with what is contained in Articles 17 to 20 related to the
establishment of the Committee against T01ture and its working mechanisms, and
Article 21, which deals with the communications "to the effect that a State Patty claims
that another State Party is not fulfilling its obligations under this Convention."
12. Article 20 of the Convention states that:
1. If the Committee receives reliable information which appears to it to contain wellfounded
indications that torture is being systematically practiced in the tenitory of a
State Pmty, the Committee shall invite that State Party to co-operate in the
examination of the information and to this end to submit observations with regm·d to
the information concerned.
2. Taking into account any observations which may have been submitted by the State
Party concerned, as well as any other relevant info1111ation available to it, the
Conm1ittee may, if it decides that this is warranted, designate one or more of its
members to make a confidential inquiry and to repo11 to the Committee urgently.
3. If an inquiry is made in accordance with paragraph 2 of this article, the Committee
shall seek the co-operation of the State Party concerned. In agreement with that State
Party, such an inquiry may include a visit to its tetTitory.
4. After examining the findings of its member or members submitted in accordance with
pai·agraph 2 of this mticle, the Commission shall transmit these findings to the State
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Party concerned together with any comments or suggestions which seem appropriate
in view of the situation.
5. All the proceedings of the Committee referred to in paragraphs I to 4 of this article
shall be confidential, and at all stages of the proceedings the co-operation of the State
Paity shall be sought. After such proceedings have been completed with regard to an
inquiry made in accordance with paragraph 2, the Committee may, after consultations
with the State Party concerned, decide to include a smmnary account of the results of
the proceedings in its annual report made in accordance with aiticle 24".
13. Article 21 of the Convention states that:
I. A State Party to this Convention may at any time declare under this mticle that it
recognizes the competence of the Committee to receive and consider
communications to the effect that a State Patty claims that another State Party is not
fulfilling its obligations under this Convention. Such communications may be
received and considered according to the procedures laid down in this article only if
submitted by a State Party which has made a declaration recognizing in regard to
itself the competence of the Committee. No communication shall be dealt with by
the Committee under this ruticle if it concerns a State Party which has not made
such a declaration. Communications received under this aiticle shall be dealt with in
accordance with the following procedure:
(a) If a State Patty considers that another State Patty is not giving effect to the
provisions of this Convention, it may, by written communication, bring the matter to
the attention of that State Pruty. Within three months after the receipt of the
communication the receiving State shall afford the State which sent the
conununication an explanation or any other statement in writing clarifying the
matter, which should include, to the extent possible and pertinent, reference to
domestic procedures and remedies taken, pending or available in the matter;
(b) If the matter is not adjusted to the satisfaction of both States Parties concerned
within six months after the receipt by the receiving State of the initial
communication, either State shall have the right to refer the matter to the
Committee, by notice given to the Committee and to the other State;
( c) The Committee shall deal with a matter referred to it under this aiticle only after it
has asce1tained that all domestic remedies have been invoked and exhausted in the
matter, in conformity with the generally recognized principles international law.
This shall not be the rule where the application of the remedies is w1reasonably
prolonged or is unlikely to bring effective relief to the person who is the victim of
the violation of this Convention;
( d) The Committee shall hold closed meetings when examining communications under
this aiiicle; ( e) Subject to the provisions of subpmagraph,
(e) the Committee shall make available its good offices to the States Parties concerned
with a view to a friendly solution of the matter on the basis of respect for the
obligations provided for in this Convention. For this purpose, the Committee may,
when appropriate, set up an ad hoe conciliation commission;
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(f) In any matter referred to it under this article, the Committee may call upon the States
Parties concerned, refened to in subparagraph (b), to supply any relevant
information;
(g) The States Pait ies concerned, refen ed to in subparagraph (b), shall have the right to
be represented when the matter is being considered by the Committee and to make
submissions orally and/or in writing;
(h) The Committee shall, within twelve months after the date of receipt of notice under
subparagraph (b), submit a report:
I- If a solution within the tenns of subparagraph (e) is reached, the Committee shall
confine its report to a brief statement of the facts and of the solution reached;
II- If a solution within the terms of subparagraph (e) is not reached, the Committee
shall confine its report to a brief statement of the facts; the written submissions
and record of the oral submissions made by the States Pait ies concerned shall be
attached to the repmt. In every matter, the report shall be communicated to the
States Parties concerned.
In every matter, the report shall be communicated to the States Patties concerned.
14. Based on the content of these articles of the Convention, it is clear that the
Convention bas laid down sequential and mandatory procedures and steps that
must be followed, without the option of bypassing them, in the event of allegations
that a state party bas not fulfilled its obligations, before resorting to Article 30 of
the Convention; The sequence of the articles of the agreement is not absurd, but rather
a continuous and gradual context to form a logical, binding and implementable whole.
These are not just individual detached articles whose inclusion and sequence of
application are of no impo1iance or obligatory. Here, we note that the app]icants did
not attempt to follow this mechanism or any of the procedures stipulated in
Articles 17 to 21 and moved directly to Article 30 of the Convention, which
constitutes a procedural violation by the applicants and, as a result, negates the
jurisdiction of the comt and the admissibility of their application.
15. It is axiomatic that if states paities were to address the issue of non-fulfillment of the
obligations stipulated in the Convention by res01ting directly to Article 30 without
following the procedures stipulated in Atticles 17 to 21 of the Convention, there would
have been no reason to include these articles in the Convention in the first place, and
they would not have any meaning or there have been any need to be included in the
Convention as previous articles in the procedural order of Alticle 30; Thus, the court
must note that allowing the possibility of bypassing these articles negates the reason for
their existence and effectiveness.
Accordingly, the "dispute" referred to in Article 30 of the Convention is the one
that can arise with regard to allegations of a state's failure to fulfill its obligations
in the context of the mechanism provided for in Articles 17 to 21. Therefore,
Article 30 of the Convention is applicable only after the mechanisms and
procedures stipulated in these articles have been met and in the event of a dispute
arising therefrom.
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16. On the other hand, even if the Court finds otherwise than the aforementioned, it is
necessary to consider the case in which a state party makes a reservation to Article 20 of
the Convention in accordance with A1t icle 28 (1), and does not declare that it
recognizes the competence of the Committee to "receive communications to the effect
that a State Patty claims that another State Party is not fulfilling its obligations under
this Convention" according to Article 21. In this pa1ticular case, other states parties to
the Convention don't have in the first place the possibility of resorting to Article 30, and
that state party have the same legal status enjoyed by the states that have reservations to
Article 30.
In addition to the aforementioned in the previous paragraphs of this letter, if the States
Pmties to the Convention are not originally authorized- in accordance with the
Mechanisms stipulated in the Convention that related to allegations of non-fulfillment
by state parties of their obligations with regard to the existence of cases of torture- to
raise this issue against the States that have reservations to Alticle 20 and which have not
submitted declaration tmder Article 21, there would be no possibility of claiming the
existence of a "dispute" as provided for in Alticle 30.
Thus, not conducting a reservation to Article 20 and/or making a declaration under
Att icle 21 is a prerequisite for the applicability of Article 30.
17. Based on the above, and the fact that Syria announced in its declaration on August
19, 2004, that "according to Paragraph 28 (1) of the convention, Syria does not
recognize the competence of the Committee Against Torture in Article 20", and
that Syria has not declared that "it recognizes the competence of the Committee to
receive and consider communications to the effect that a State Party cJaims that
another State Party is not fulfilling its obligations under this Convention"; Syria
considers that there is no jurisdiction of the Court and that the joint DutchCanadian
application should not be admissible.
The procedural preconditions stipulated in Article 30
Even if the court finds, however difficult it may be, that the aforementioned legal and
procedural aspects does not render it lacking jurisdiction to hear the alleged "dispute", the
applicants have not fulfilled the procedural prerequisites set fo1th in Alticle 30.
The existence of a "dispute"
18. In a number of its previous cases, the Court stated that the conflict exists when there is
"a disagreement on a point of law or fact, a conflict of legal views or interests", and "It
must be shown that the claim of one party is positively opposed by the other."
19. The Comt also considers that there is "A dispute between States exists where they hold
clearly opposite views concerning the question of the performance or non-performance
of ce1t ain international obligations" and that "The Court cannot limit itself to noting that
one of the patties maintains that a dispute exists, and the other denies it."
20. It is clear that the arguments presented by the applicants have failed to prove the
existence of these elements, as the conespondence and the two meetings show that
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Syria did not hold contradictory opinions to those of the applicants, and was trying to
understand the concerns raised by them, find out their points of view, and obtain more
information about them, with the aim of verifying and dealing with them if necessary or
required, and reaching an agreement with the applicants.
21. As for the statements and releases issued by the applicants, they were merely general
and not specifically related to the "existence of dispute" according to the Convention
against Torture, and they came in the context of the general framework of the
developments of the situation in Syria; Also, the correspondence that took place
between the parties was of a procedural nature, and in the context of an attempt to
understand the aspects raised by the applicants.
"negotiations"
22. According to the Comt's jurisprudence, the Court must ascertain whether there was, "at
the very least a genuine attempt by one of the disputing parties to engage in discussions
with the other disputing party, with a view to resolving the dispute", and that "the
precondition of negotiation is met only when there has been a failure of negotiations, or
when negotiations have become futile or deadlocked."
23. The Court also noted that the requirement that the dispute "cannot be settled through
negotiation" could not be understood as referring to a theoretical impossibility of
reaching a settlement. It rather implies that, as the Court noted with regard to a similarly
worded provision, "no reasonable probability exists that further negotiations would lead
to a settlement"
24. Syria would like to refer to the fact that the note verbales exchanged between the
parties did not actually address the substance of the issue, while the first meeting
that was held on April 26, 2022, was devoted to agreeing on procedural aspects
only, and it was agreed to continue holding meetings every 3 months without any
politicization. Accordingly, correspondence had taken place between the two parties to
set a date for the second meeting, and it has been agreed to hold it on October 5 and 6 in
Abu Dhabi.
25. The Syrian delegation, in serious manner and in good faith, engaged in the meeting held
on October 5 and 6, 2022, where it addressed the "Statement of Facts" and "Statement
of Law" submitted by the applicants, and engaged in discussing relevant legal and
substantive aspects, as shown clearly in the verbatim minutes of this meeting.
26. The applicants refused, either in the meeting held in Abu Dhabi or in the exchanged
con-espondence, to provide the required information about the allegations that were
raised by them in the 11Statement of Facts" and "Statement of Law", and did not
respond the inquiries, questions, and legal and substantive points raised by the
Syrian delegation in This meeting, the aim of which was to have a better
understanding of how to take up what the Netherlands and Canada put forward, and to
follow up on that basis. After this meeting, the applicants refused to continue the
meetings under the pretext of "failure of negotiations", ai1d they requested direct
recourse to arbitration after this meeting. Again, this attitude reflects the absence of any
genuine or good faith attempt to reach possible agreement.
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27. Syria asserts that holding only one substantive meeting on October 5 and 6, 2022
in Abu Dhabi, was not sufficient to draw a unilateral theoretical conclusion by the
applicants that "sufficient progress has not been made" and that a "deadlocked"
has been reached, or that follow-up meetings are "futile."
28. Jn the post-meeting conespondence, Syria has consistently confirmed its readiness to
engage seriously and in good faith with applicants on the basis of the Convention
against To1t ure2
, as it indicated in these correspondence that it had evaluated the course
of the meeting and the views expressed by the delegations of the applicants at the
meeting, and that it has more points to raise and discuss, hoping to achieve the required
result during the upcoming meetings, based on tl1e presence of evolution in the
positions of the pa1ties.
29. The applicants did not accept Syria's proposal to hold a new meeting in Abu
Dhabi, which had blocked what this meeting could have provided of a reasonable
possibility of achieving progress, and it also had reflected the applicants' lack of
interest in making any genuine attempt to reach an acceptable settlement.
30. Despite all this, and as an expression of its goodwill and seriousness, Syria has
repeatedly proposed holding a meeting in Abu Dhabi as soon as possible with the
agreement of the two parties. Syria reaffirmed that it has more points to raise and
discuss in the proposed meeting, in order to give an additional opportunity to achieve
the required progress and reach a meaningful outcome (Notes Verbales dated October
27, 2022, November 16, 2022, February 1 2023 and April 10 2023). However, the
applicants completely ignored these proposals, which is inconsistent with what they
indicated in their joint Notes Vetbales regarding the critical importance of the time
factor. Had the two applicants agreed at the time to Syria's proposal to hold this
meeting, time would not have been wasted without justification, and this would have
been a reasonable opportunity to make progress and reach a meaningful result within a
reasonable time.
31. While the applicants claim that there are "vast disparities" between the two parties" as
stated in their notes verbales dated October 17, 2022 and March 24, 2023, it is clear that
this must be in first place addressed by continuing the meetings without wasting any
time, especially with the presence of new elements from the other pa1iy, which was
rejected by the applicants without any reasonable justification, and inconsistent with the
letter and the spirit of the Convention.
32. It is clear from the foregoing that despite the lack of evolution in the position of the
applicants and their failure to make any genuine attempt to engage in discussions
seriously and reach an agreement, there has been an evolution in the position of
Syria, and it has endeavored diligently to bridge the points of view and reach a
satisfactory result in accordance with the Convention against Torture.
33. As explained above, since the beginning, the applicants were insisting only on one
point, namely, obtaining prior acknowledgment from Syria, and without any real
discussion or effective exchange of info,mation, that Syria had "breached several
2 Syrian notes verbal addressed to the applicants on October 27, 2022, November 17, 2022, and
February 1, 2023.
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obligations enshrined in the Convention" and that "these breaches of the international
law constitute internationally wrongful acts which Syria bears responsibility" and that
"this responsibility gives rise to legal consequences for Syria to": "accept fully its
responsibility", "cease those acts", "providing assurances and guarantees of nonrepetition"
and "providing victims full reparation". The applicants requested to enter
into negotiations on the condition that Syria submit in advance this declaration, and to
negotiate exclusively "those breaches of the international law committed by Syria and
the legal consequences that result from them" (as stated in the first note verbal
addressed by the Netherlands to Syria on September I 8, 2020).
Since the first note verbal Syria received from Netherlands, and in all subsequent
notes verbales sent by the applicants, and in the two meetings held in Abu Dhabi,
the applicants insisted on this precondition that empties any negotiations of their
content and makes them meaningless and needless and contradicts and
undermines the goal and concept of negotiation stipulated in ArticJe 30 of
Convention.
34. The purpose and concept of "negotiation" according to Alticle 30 of the Convention
against Torture is to negotiate to settle disputes between "States Patties concerning the
interpretation or application of this Convention", and not to negotiate, exclusively and
as a precondition, on the method of addressing the "legal consequences" of the alleged
"non-application" by one party, meaning that the negotiation must take place on the
merits of interpretation or application, or at least begin with them, and not jump directly
to negotiation on "responsibility for violations" and "legal consequences." As the
applicants requested as a prerequisite to any negations.
35. In this context, it is necessary for the Court to consider such a situation involving
preconditions from one of the parties that contradict and undermine the purpose
and concept of the negotiations stipulated in Article 30 of the Convention, and
render these negotiations devoid of content, meaningless and need]ess, from a
practical and legal standpoint.
"arbitration"
36. All of Syria's repeated attempts to hold a new meeting failed, as the applicants insisted
on their unjustified position that the two pa1ties had reached a "deadlock", which
impeded the possibility of reaching an agreement, and they requested resorting to
arbitration in their joint N?te verbale dated November 7, 2022.
3 7. Syria would like to clarify that this request to resort to arbitration is not consistent
with the spirit and letter of A1ticle 30 of the Convention; Tn addition to what was
explained above, this joint Note Verbale included an annex under the title "Basic
elements that constitute the basis on which the arbitral tribunal can be organized." The
Note Verbal indicated that: "If and when agreement is reached by the parties to the
dispute to negotiate the organization of arbitration on the basis of these elements,
Canada and the Netherlands will present a detailed proposal to Syrian Arab Republic".
In other words, the applicants set a precondition that impedes any possibility of
discussing the issue of arbitration, as they rejected in advance any discussion about
arbitration before Syria aclmowledged these elements as a basis for arbitration,
9
knowing that these elements prejudge the results of the arbitration and in advance
acknowledgment of them makes the arbitration unnecessary in the first place.
38. Based on all of the above, it is clear that the applicants did not fulfill procedural
requirements and prerequisites stipulated in Article 30 of the Convention against
Torture, and that they were only aiming to pass procedural steps and time in vain,
which is contrary to the letter and spirit of the Convention, violates and misuse the
means and mechanisms of international justice, and jeopardizes their credibility.
Provisional Measures
39. The applicants requested from the Court the indication of provisional measures, and the
date for the sta11 of the oral procedures before the Court was set on July 3, 2023, then it
was postponed to July 19, without consulting with Syria about the date and the rest of
the relevant procedural aspects, noting that one of the basic principles in the Statute is
that it cannot decide a dispute without the consent of the States concerned and their
acceptance of the jurisdiction of the Cou11, which of course includes, a fortiori,
consultation with it on relevant procedural matters.
40. The Court's jurisprudence, according to previous relevant cases, in the event of
indicating provisional measures, is based on the need to prove the availability of a
number of elements, namely the existence of "urgency, in the sense that there is a real
and imminent risk that irreparable prejudice will be caused to the rights claimed before
the Coui1 gives its final decision", and that the alleged rights to be protected are
"plausible", and that there is a link must exist between the rights whose protection is
sought and the provisional measures being requested.
41. Referring to the request to indicate provisional measures submitted by the applicants, it
is not possible to find any evidence in law or in facts of the availability of these
elements, and in this regard, Syria would like to indicate the following:
42. The so-called "Statement of Facts" and "Statement of Law" were characterized by loose
general discourse without any specific cases or facts that could be verified or dealt with
in practice.
43. The applicants refrain from providing, either through written correspondence or
during the two meetings in Abu Dhabi, any specific cases or any additiona]
information about what they submitted in the aforementioned "Statements"
regarding allegations of violations of the Convention against Torture, despite the
repeated requests that was made by Syria, as documented and proven in written
conespondence between the two parties and in the verbatim minutes of the two
meetings.
For example, there was a clear request from the Syrian delegation to the delegations of
the applicants at the second Abu Dhabi meeting to present the cases and details they
have, so that could be addressed and Syria could study, evaluate, and give its opinion on
them and provide the data it had in this regard, which would enable the required
progress to be achieved and a conclusion reached.
However, such requests have not been answered, and the response has been that
this information will be submitted to the "Court11
• This confirms that, regardless
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of the invalidity of the applicants' claims, there is no urgency in the sense that
there is a real and imminent risk that needs to be addressed immediately.
44. In addition to the foregoing, all the content of the so-called "statement of facts" revolves
around a period of time ranging between 2011 and 2014, which also denies the
character of urgency for the allegations made by the applicants, and is not consistent
with the fact that the conditions of urgency are met when "the acts susceptible of
causing irreparable prejudice can occur at any moment". Here, it is necessary to refer to
Article (9) of the Convention against To1iure, as it indicates that "States Parties shall
afford one another the greatest measure of assistance in connection with criminal
proceedings brought in respect of any of the offences referred to in miicle 4, including
the supply of all evidence at their disposal necessary for the proceedings." Also, the
applicants did not apply this article, which removes the element of irreparable prejudice
from the alleged rights.
45. The provisional measures requested by the applicants to protect their alleged
"rights" are not plausible, exaggerated, and based on assumptions that are not
supported by real evidence according to the legal foundations of the concept of
evidence, which Syria addressed in detail during the meeting held in Abu Dhabi on
October 5 and 6, 2022.
46. Also, for the alleged "rights" of the applicants to be plausible, there must be
specific cases within the scope of the Convention that can be dealt with (as
described above), and it is not enough to practice loose speech about possible
rights related to assumed cases that have not been specified or identified. That is,
defining rights needs to identify the cases related to them first. In connection with
this, the applicants justify the need to indicate provisional measures by claiming that
there is "inexcusable and irreparable harm with respect to each victim of torture ... ".
In this regard, Syria indicated in the meeting held in Abu Dhabi on October 5 and 6,
2022 that if the applicants have specific credible cases of t01tme that have not come to
the knowledge of the competent Syrian authorities, Syria is ready to consider them
and take the necessary measures in accordance with Syrian laws, and in line with the
Convention against Torture. Syria explained at the time that if the applicants have
credible inf01mation and details about such cases, cooperation could take place to
study and verify them and take the necessary action. However, no such cases were
presented by the applicants, which also contributes to the lack of urgency in indicating
provisional measmes and the plausibility of the alleged rights to be protected.
Syria reiterates its readiness to consider and deal with any specific cases that are
directed to it according to proper procedures in accordance with the legal frameworks
and in conformity with the Convention against T01iure. Such a renewed reiteration, if
used in its conect context, would also negate the need to indicate provisional
measures.
47. As mentioned above, Syria has repeatedly submitted proposals to hold a meeting in Abu
Dhabi as soon as possible with the agreement of the parties, in order to give an
additional oppo1iunity to achieve the required progress and reach a meaningful
outcome, and expressed its readiness to consider any specific information; However,
the two applicants completely ignored these suggestions, which is inconsistent with
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what they indicated in their joint Notes Verbales regarding the critical importance
of the time factor and the characteristic of urgency. Had the applicants agreed at
the time to Syria's proposal to convene this meeting, time would not have been
wasted without justification, and this would have provided an opportunity to
address any urgent cases since then. It was a fortiori for the applicants to present
these alleged urgent cases during the meetings and co1Tespondence rather than waiting
to take them to the Court.
48. The provisional measures must be on the merits, and not constitute a prejudgment on
the subject itself, especially in sensitive, serious, and complex cases that cannot be
decided quickly and superficially. In fact, the acknowledgment of the provisional
measures requested by the applicants at this stage will constitute a prejudgment
and a final verdict of the merits, without fulfilling the approved law of evidence
basis and without following the procedures stipulated in the Statute and Rules of
the Court, will make the court's subsequent consideration of the merits
unnecessary and useless. Therefore, in principle, these issues should be discussed at
the stage of examining the merits in accordance with the applicable procedmal and legal
principles, and not at the stage of examining provisional measures that are considered
quickly and superficially. What is meant here in particular is the measures requested in
Paragraph 33 of the request for the indication of provisional measures, subparagraphs ab-
d-e.
49. For the sake of justice, it is impmiant for the Court to consider the lack of diplomatic
exchange between Syria and the two applicants, and their hostile stances towards Syria,
which makes their demands motivated by politicized consideration, which Syria clearly
sensed and can be infeITed from through their statements related to Syria and through
correspondence and the two meetings in Abu Dhabi. Here, it should be noted the
importance of not denying or ignoring the principle of "clean hands" in
international Jaw. Therefore, Syria requests the Comt to taJ<e this matter into
consideration in this particular case, given its special nature, which differs from
previous cases in which this principle was referred to before the Colllt. There are many
incidents which prove that applicants are not impaitial and even involved in supporting
armed groups in Syria in violation of international law.
50. In addition to the fact that the Dutch government has agreed to a recommendation from
the Dutch parliament to investigate the case of Dutch Prime Minister Mark Rutte
providing "support to an armed Syrian opposition faction" and that an investigation has
been conducted into this support provided by the government to a specific faction called
"Levant Front" during the period between May 2015 and April 2018, when the Dutch
government provided them with more than 25 million emos, foodstuffs, medicine,
communication equipment, trucks, tents and military unifonns.
Numerous international reports have reported on the practice of torture in Syria
by the armed groups to which the Netherlands provided support. This issue was
raised in the Abu Dhabi meeting on October 5 and 6 by Syria, especially with
regard to the existence of instigation, or consent or acquiescence, of Dutch public
officials or other persons acting in an official capacity, who provided support to
this faction or other, particularly of the acts of torture it/they carried out,
according to the definition of torture contained in the Convention Against To1iure.
12
51. According to Article 41 (1) of the Statute, the Court has "the power to indicate, if it
considers, that circumstances so require, any provisional measures which ought to be
taken to preserve the respective rights of either pmty." That is, the purpose of the
provisional measures is to protect the rights of both patties, and not one party or protect
the rights of one party in a way that negatively affects the rights of the other patty.
Accordingly, the indication of provisional measures requested by the applicants, as
they were presented, wilJ cause severe prejudice that may not be reparable to
Syria, and may affect its ability to continue to fulfill its obligations under the
Convention against Torture, especially in light of the highly politicized nature of
the situation in Syria, namely issues related to human rights, and the exploitation of
this to tarnish the image of Syria, and the misuse of such provisional measures by some
parties for purposes that contradict the goal for which they were issued, in a way that
affects the rights and interests of Syria that are guaranteed by international law.
52. The applicants also j ustify referring to provisional measures in the event of "unstable
and rapidly changing circumstances" and when there is "continuing tension" and that
"no real progress has been made towards the implementation of Security Cow1cil
Resolution 2254; However, it must be noted here that the tenitories under the control of
the Syrian government are stable in terms of security and militru-y. The conditions in
these areas have changed radically from those that prevailed during the period in which
tenorist activities were taking place, in addition to the positive and stable atmosphere
contributed by the general amnesty decrees and the local settlements and
reconciliations. On the other hand, there is no legal, logical, or realistic link between
Resolution 2254 and the implementation of the Convention against To1ture.
53. Based on all of the above, Syria as Sta tes Party to the Convention against Torture,
respectfully request that the Court:
a. Declare that it lacks jurisdiction and non-admissibility of the application, and to
remove the case from its general list,
b. Reject the request for the indication of provisional measures submitted by the
applicants,
c. Refrain from indicating any provisional measures that could hann the interests
and rights of Syria that are guaranteed to it under international law and the
Convention against To1t ure.
54. In the event that the Court finds, despite the difficulty of this, that it has
jurisdiction and that there is a need to indicate provisional measures, then the
same legal and procedural bases which the Court was relied on to reach this
conclusion will necessarily apply to what Syria, as States Party to the Convention
against Torture, respectfully request initiaJly from the Court, which are the
following:
d. The applicants shall not take any measures that may affect the interests and rights
of Syria under the Convention against Torture, or any measures against Syria that
are intended to force it to accept in advance the allegations and demands they
raise.
13
e. The applicants shall not use the Convention against Tmture as a means to achieve
goals that are far from the humanitarian goals and the purposes and principles on
which the Convention was established, or in a politicized way that raises doubts
about the extent of good faith in applying the provisions of the Convention, or in a
manner that violates the mechanisms, procedures and conditions stipulated in the
Convention.
f. The Kingdom of the Netherlands shall provide clarifications on the issue of
instigation, or consent or acquiescence, of Dutch public officials or other persons
acting in an official capacity, who provided suppo1t to armed groups in Syria, of
the acts of to1ture canied out by these groups, according to the definition of
torture contained in the Convention Against To1ture and based on the obligations
imposed on the parties to the Convention (Paragraph 45 of this letter) ..
g. The Kingdom of the Netherlands and Canada shall immediately stop providing
suppmt to these aimed groups.
h. The Kingdom of the Netherlands shall not destroy render inaccessible any
evidence related to this matter, and preserve relevant information.
i. The Kingdom of the Netherlands and Canada shall provide a report to the Comt
on all measures taken by them regarding the aforementioned.
55. Syria reserves the right to revise, supplement, or amend the content of this Letter,
as well as the grounds invoked
56. For ease of reference, attached are the notes verbales sent by the Permanent Mission of
the Syrian Arab Republic to the United Nations Office and other international
organizations in Geneva, to the permanent missions of the Kingdom of the Netherlands
and Canada in Geneva, after the meeting held in Abu Dhabi on April 26, 2022.
Charge d' affaires
Minister Plenipotentiary
Ammar Al-Arsan
The Honorable Philippe Gutier,
The Registrar of the International Court of Justice in the Hague
Peace Palace, Carnegieplein 2, 2517 KJ, the Hague
Kingdom of Netherlands
14
The Embassy of the Syrian
Arab Republic
Brussels
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17
MISSION. PERMANENTE
DE LA
REPUBLIQUE ARABE SYRIENNE
GENEVE
N° 120 /22
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The Permanent Mission of the Syrian Arab Republic to the United
Nations Office and other International Organizations in Geneva presents
its compliments to the Permanent Mission of the Kingdom of the
Netherlands and the Permanent Mission of Canada to the United Nations
in Geneva, and in reference to the previously exchanged notes verbales
between the Permanent Mission of the Syrian Arab Republic and the
Permanent Missions of the Kingdom of the Netherlands and Canada, and the
meeting that was held in Abu Dhabi on 26 April 2022 between the Delegation
of the Syrian Arab Republic and the delegations of the Kingdom of the
Netherlands and Canada, based on the Convention Against Torture and other
Cruel, Inhuman, or Degrading Treatment or Punishment, the Permanent
Mission of the Syrian Arab Republic would like to convey the following to the
Permanent Missions of the Kingdom of the Netherlands and Canada:
The Syrian Arab Republic believes that the aforementioned meeting was
useful, in which a number of procedural aspects were discussed, and it was
agreed to follow up consultations at future meetings in good faith and without
any politicization based on the Convention against Torture.
With regard to the timetable, the delegation of the Syrian Arab Republic
expressed its approval in principle on the proposal of the delegations of the
Kingdom of the Netherlands and Canada to hold future meetings in person
every three months. The Delegation also expressed its agreement to hold the
next meeting on June 6, 2022, in Abu Dhabi, United Arab Emirates, after the
Dutch and Canadian sides contact the Emirati side regarding hosting the
meeting and making its required arrangements. In this context, the Syrian
Arab Republic considers that it is necessary to organize this meeting in the
same way that the April 26 meeting was organized in terms of the duration of
the sessions on each day of the meeting, as this was feasible in terms of the
optimal use of time and of logistical aspect.
In the event that the Kingdom of the Netherlands and Canada provide the
Syrian Arab Republic with written confirmation of the aforementioned details,
in addition to identifying a joint point of contact in the Ministry of Foreign Affairs
and International Aid in the United Arab Emirates sufficiently in advanced to
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make the necessary arrangements, the delegation of the Syrian Arab
Republic confirms its readiness to participate in this meeting on June 6 for two
days, as this period takes into account the optimal investment of the meetings
by giving the opportunity to the delegations to consult, in between the
meetings, with their references if needed, and to analyze and evaluate the
discussions that took place at the meeting appropriately and then address
them during the next meeting.
The Permanent Mission of the Syrian Arab Republic to the United
Nations Office and other International Organizations in Geneva avails
itself of the opportunity to convey its greetings to the Permanent
Mission of the Kingdom of the Netherlands and the Permanent Mission
of Canada to the United Nations in Geneva.
The Permanent Mission of Canada
Avenue de I' Arianna 5, 1202 Gen eve
The Permanent Mission of the Kingdom of the Netherlands
Avenue Giuseppe-Motta 31-33, 1202 Geneve
Route de Pre• bois 20 -1215 Geneve 15, Suisse
Tel (41) 022 715 45 60 • Fax (41) 022 738 42 75 • Email: [email protected]
2
Permanent Mission
of the
Syrian Arab Republic
Geneva
N° 138 /22
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~-.
The Permanent Mission of the Syrian Arab Republic to the United Nations Office and other
International Organizations in Geneva would like to refer to its Note Verbal No. 120/22 dated
4/5/2022, and to the joint Notes Verbals of the Permanent Missions of the Kingdom of the
Netherlands and Canada in Geneva, the latest of which is the joint Note Verbal No. GENEV-8159
/GEV-PA 77/2022 dated 30/5/2022, and to the meeting held in Abu Dhabi on 26 April 2022
between the delegation of the Syrian Arab Republic and the delegations of the Kingdom of the
Netherlands and Canada, on the basis of the Convention against To1ture and Other Cruel, Inhuman
or Degrading Treatment, the Permanent Mission of the Syrian Arab Republic in Geneva would like
to convey to the Permanent Missions of the Kingdom of the Netherlands and Canada in Geneva the
following:
The Permanent Mission of the Syrian Arab Republic in Geneva indicated in its Note Verbal
No. 120/22 dated 4/5/2022 that the delegation of the Syrian Arab Republic had expressed its
agreement to hold the next meeting on 6 June 2022 in Abu Dhabi, in the United Arab Emirates,
after the two .sides, the Kingdom of the Netherlands and Canada, communicate with the Emirati side
regarding hosting the meeting and making the necessary arrangements for that. It also confirmed
that, in case the Kingdom of the Netherlands and Canada provide the Syrian Arab Republic with
written confirmation on the details related to holding the meeting on 6 June, including assigning a
joint point of contact at the Ministry of Foreign Affairs and International Cooperation in the United
Arab Emirates before sufficient time to make the necessary arrangements, the delegation of the
Syrian Arab Republic can confirm its readiness to participate in the meeting.
The Syrian Arab Republic would like to indicate that the Kingdom of the Netherlands and
Canada have provided it with the above-mentioned details and confirmed the orgm1ization of the
meeting on 6 -7 June 2022 in their joint Note Verbal dated 30 May 2022, which was received by the
Permanent Mission of the Syrian Arab Republic in Geneva almost at the end of the official working
hours of that day, which means that the Syrian Arab Republic will be practically able to address the
content of the Note Verbal on 31 May 2022 at least. So there are maximum 5 days left available to
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the delegation of the Syrian Arab Republic to make all the necessary arrangements to participate in
this meeting, including travel reservations, accommodation, obtaining the required entry visa and
other necessary related preparations, bearing in mind that the practical and logistical matters require
the Syrian delegation to be in the United Arab Emirates one or two days before the date of the
meeting.
The Syrian Arab Republic reconfirms its readiness to participate in a second meeting in Abu
Dhabi, however, holding this meeting on 6 -7 June has become unreasonable as the remaining time
is insufficient according to what was explained above, bearing in mind that the Kingdom of the
Netherlands and Canada had indicated in their joint Note Verbale dated 8 April 2022 that they
needed two weeks' notice after receiving the information requested to fix the date of the meeting.
Accordingly, the Syrian Arab Republic proposes to hold the second meeting in the city of Abu
Dhabi in the same place on the last week of June. Taking into consideration that the Syrian Arab
Republic wished to hold the meeting before this date, but this is impossible due to a prior
commitment of the head of the Syrian delegation to paiiicipate in the international meeting on Syria
in Astana format in Nur-Sultan from 14 to 16 June 2022.
The Syrian Arab Republic reaffirms that it was agreed at the meeting of 26 April in Abu Dhabi
to continue the consultations in future meetings, in good faith and without any politicization, based
on the Convention against Torture, and that the Syrian delegation has clearly emphasized that
during these consultations common concerns will be discussed within the framework of Convention
against Torture in order to enhance compliance with its provisions.
The Syrian Arab Republic will provide the Kingdom of the Netherlands and Canada with the
composition of their delegation to the next meeting as soon as possible.
The Permanent Missioil of the Syrian Arab Republic to the United Nations Office and other
International Organizations in Geneva avails itself of this opportunity to convey to the Permanent
Mission of the Kingdom of the Netherlands in Geneva and the Permanent Mission of Canada to the
United Nations Office and other International Organizations in Geneva its greetings.
Perm8ncllt Mission or c.,nada
Avenue de l'Ariam1 S
1202 Geneva
Ptrmancnt Mission of the Kingdom of the Ncthcrlnnds
Avctiuc Giuscppc-l\llotrn 31-33
1211 GcnCVR 20
Ro11te de Pre• bols 20 - 1215 Gen/!Ve 15, Suisse
~~~"- ;/·~ 0~ AR,1c "v;\
Ii ,otii:·1 .t~Y~ !~~~22\
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~~~~✓-.:,{ .
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Tel (41) 022 715 45 60 - Fax (41) 022 738 42 75 - llmail: [email protected]
Permanent Mission
of the
Syrian Arab Republic
Geneva
N° 142 /22
; --·~ ~
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~-•
The Permanent Mission of the Syrian Arab Republic to the United Nations Office and other
International Organizations in Geneva would like to refer to its Note Verbal No. 138/22 dated
1/6/2022, and to the joint Notes Verbals of the Permanent Missions of the Kingdom of the
Netherlands and Canada in Geneva, the latest of which is the joint Note Verbal No. GENEY -8173/
GEV-PA 78/2022 dated 2/6/2022, and to the meeting held in Abu Dhabi on 26 April 2022 between
the delegation of the Syrian Arab Republic and the delegations of the Kingdom of the Netherlands
and Canada, on the basis of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment, the Permanent Mission of the Syrian Arab Republic in Geneva would like to convey to
the Permanent Missions of the Kingdom of the Netherlands and Canada in Geneva the following:
The Syrian Arab Republic recalls that, during the meeting held on 26 April in Abu Dhabi, in
the United Arab Emirates. the Syrian delegation expressed its approval to hold a second meeting on
6 June 2022 in Abu Dhabi. Syria has also confirmed again in its Note Verbale dated 4/5/2022 the
readiness of its delegation to participate in this meeting on 6 June 2022, for two days. Regrettably,
the Kingdom of the Netherlands and Canada did not provide the detai ls required from them, and
they did not confirm the organization of this meeting before a sufficient and reasonable time to
allow the necessary arrangements to be made by the delegation of the Syrian Arab Republic, as
clarified in the Note Verbale of the Permanent Mission of the Syrian Arab Republic in Geneva
dated l/6/ 2022. Accordingly; the Syrian Arab Republic notes that the meeting proposed for 6 June
2022 has been cancelled.
The Syrian Arab Republic notes that the Kingdom of the Netherlands and Canada in their joint
Note Verbale dated 2/6/2022 did not respond to its proposal to hold a second meeting in Abu Dhabi
at the same place in the last week of June 2022. Therefore, it hopes to get a positive response to this
proposal, and to he informed of the details related to holding the second meeting before sufficient
time, not less than two weeks, so that the necessary arrangements can be made to participate in this
meeting. The Syrian Arab Republic will provide the Kingdom of the Netherlands and Canada with
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the composition of its delegation to the meeting after receiving their confirmation on the date of the
meeting.
The Syrian Arab Republic reaffinns that it vvas agreed at meeting of 26 April in Abu Dhabi to
follow up the upcoming meetings in good faith and without any politicization on the basis of the
Convention against Torture, and accordingly, Syria is ready to discuss the issues raised by the
Kingdom of the Netherlands and Canada regarding the Convention and the obligations emanating
from it, including what has been called a "statement on facts" and a "statement on law". The Syrian
Arab Republic will also raise issues related to the implementation of the Convention against
Torture. In this regard, the Syrian Arab Republic stresses the need for a genuine will for cooperation
and exchange of ideas to enhance the implementation of the provisions of the Convention, and to
"make more effective the struggle against torture and other cruel, inhuman or degrading treatment
or punishment throughout the world " as stated in the Convention. To this end, the Syrian Arab
Republic remains open to address any constructive ideas related to the foregoing.
The Permanent Mission of the Syrian Arab Republic to the United Nations Office and other
International Organizations in Geneva avails itself of this opportunity to convey to the Permanent
Mission of the Kingdom of the Netherlands in Geneva and the Permanent Mission of Canada to the
United Nations Office and other International Organizations in Geneva its greetings.
Permanent Mission of Canada
.-\venue de l'Ariana 5
1202 Geneva
Permanent Mission of the Kingdom of the ~cthcrlands
.-\venue Giuseppe-Motta 31-33
1211 Geneva 20
Route de Pre- bois 20 • 1215 Geneve 15, Suisse
Geneva, 10/6/2022 _
Tel (41) 022 715 45 60 - Fax (41) 022 738 42 75 - Email: [email protected]
MISSION. PERMANENTE
DE LA
REPUBLIQUE ARABE SYRIENNE
GENEVE
N° 151 /22
~r/2,,,~ ,;r,~~t,
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~(El;;,C.c f.; J!}~1~,
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The Permanent Mission of the Syrian Arab Republic to the United Nations Office
and other International Organizations in Geneva would like to refer to its relevant
Notes Verbales, the latest of which is No. 142/22 dated 10 June 2022, and to the joint
Notes Verbales of the Permanent Missions of the Kingdom of the Netherlands and
Canada in Geneva, the latest of which is the joint Note Verbale No. GEVEV-8202 /
GEY-PA 88/2022 dated 16 June 2022, and to the meeting held in Abu Dhabi on 26
April 2022 between the delegation of the Syrian Arab Republic and the delegations
of the Kingdom of the Netherlands and Canada, based on the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the
Permanent Mission of the Syrian Arab Republic in Geneva would like to convey to
the Permanent Missions of the Kingdom of the Netherlands and Canada in Geneva
the following:
The Syrian Arab Republic reaffirms its respect for International Law and
multilateral international conventions, including the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, and that it addresses
the relevant issues with all seriousness and goodwill.
Therefore, the Syrian Arab Republic reaffirms its readiness to participate in a
second meeting to address what was agreed upon at the meeting of 26 April 2022,
namely the so-called "statement on facts" and "statement on law" submitted by the
Kingdom of the Netherlands and Canada (as stated in the verbatim record of that
meeting), in addition to addressing the relevant points contained in the joint DutchCanadian
Note Verbale of June 16, within the scope of the Convention against
Torture. The Syrian Arab Republic will also present issues related to the
implementation of the Convention and the obligations emanating from it, and will
deliver its presentations in this regard. In this context, confirming further the Syrian
Arab Republic's keenness to address positively and in good will the aspects related to
the implementation of the Convention against Torture, and in order to reach the
desired goal and in the hope of achieving the required progress, the Syrian Arab
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Republic is ready, in the case there exists any misunderstanding or ambiguity on the
side of the Kingdom of the Netherlands and Canada, to address this during the second
meeting to be held in person.
It should be noted, in this context, that the Syrian Arab Republic does not believe
that stressing in its Note Ver bale of I O June 2022, that "the need for a genuine will
for cooperation and exchange of ideas to enhance the implementation of the
provisions of the Convention, and to make more effective the struggle against torture
and other cruel, inhuman or degrading treatment or punishment throughout the world,
as stated in the text of the Convention", contradicts what was agreed upon at the April
26 meeting and what we are to address at the second meeting. On the contrary, this is
in line with the letter and spirit of the Convention and reaffirms the keenness, yet
another time, of the Syrian Arab Republic to address what is raised by the Netherlands
and Canada about the implementation or even interpretation of the Convention.
The Syrian Arab Republic clarified the rationale for the inability to hold the
meeting, which was supposed to be held on June 6, 2022, in its Notes Verbales of
June pt and June 10th, 2022, and regrets that the Kingdom of the Netherlands and
Canada were unable to respond to its proposal to hold the second meeting in Abu
Dhabi at the same venue in the last week of June 2022, as stated in its Note Verbale
of June I 51, 2022. Nevertheless, departing from the belief of the Syrian Arab Republic
that what matters in this context is the substance and working in good faith and
seriousness to hold the second meeting with a view to reaching the desired goal in
accordance with the provisions of the Convention against Torture, it reiterates the
readiness of its delegation to participate in the second meeting at any agreed date, and
it proposes that the meeting takes place in the second half of July 2022, and hopes to
receive this time a positive response without any additional unnecessary delay or
politicization contrary to the text and spirit of the Convention.
The Syrian Arab Republic, recalling that it coordinated fully and successfully
the convening of the 26 April meeting and informed the Kingdom of the Netherlands
and Canada of all relevant details well in advance, and noting that the Kingdom of
the Netherlands and Canada have invited the Syrian Arab Republic to coordinate with
the United Arab Emirates as the host state for the second meeting, and to inform the
Kingdom of the Netherlands and Canada as soon as its approval was confirmed; it
would coordinate with the host State, but on its part invites the Kingdom of the
Netherlands and Canada to also coordinate with the host state and to infonn the Syrian
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2
Arab Republic as soon as its approval is confirmed, this is to jointly ensure good
coordination and to prevent any logistical obstacles that may confront all of us.
Referring to what was mentioned in the joint Note Verbale of the Permanent
Missions of the Kingdom of the Netherlands and Canada in Geneva dated 16 June
2022 regarding the dates and venue of the meeting, the Syrian Arab Republic, on its
part, confirms its agreement that if the dates are agreed between the parties at least
two weeks ahead of time, the Syrian Arab Republic can proceed with the travel
arrangements of its delegation for such a meeting on the basis of the previous venue
at the Etihad Towers Hotel, provided the venue is formally confirmed by the host state
one week ahead of time. For a new venue in the United Arab Emirates, the Syrian
Arab Republic would also require two weeks' notice, but such new venue would be
subject to agreement pending an inspection of the facilities.
The Syrian Arab Republic remains open to addressing any constructive ideas
related to all of the above.
The Permanent Mission of the Syrian Arab Republic to the United Nations
Office and other International Organizations in Geneva avails itself of the opportunity
to convey its greetings to the Permanent Mission of the Kingdom of the Netherlands
and the Permanent Mission of Canada to the United Nations in Geneva.
The Permanent Mission of Canada
Avenue de I' Arianna 5, 1202 Geneve
------------------------------------------------------------
The Permanent Mission of the Kingdom of the Netherlands
Avenue Giuseppe-Motta 31-33, 1202 Geneve
Route de Pre• bois 20 • 1215 Geneve 15, Suisse
Tel (41) 022 715 45 60- Fax (41) 022 738 42 75 - Email: [email protected]
3
MISSfON PERMANENTE
DE LA
REPUBLTQUE ARABE SYRIENNE
GENEVE
The Permanent Mission oftbe Syrian .l\rab Republic to the l~nih:d Nations Otlicc
and other International Organizations in Ceneva vvould like lo rc'lcr Lo its relevant
Notes Verbales, including the most recent one 1\'o. 151 /22 dated 1 July 2022, in whid1
a second meeting was agreed in i\bu Dhabi in the United Arab ! :mi rates; the
Permanent Mission of the Syrian Arnb Republic in Gl:!neva \\ otrld like ro convey the
following to the Permanent Missions or the Kingdom or the i\cthcrlands and Canada
in Geneva:
The Syrian Arab Republic will contact the l·:mirati side as soon as possible to
obtain a confirmation of the exact date and venue or the second meeting. and will
immediately inform the Kingdom or the Netherlands and Canaclc:1 or the Lm irnti si de's
response.
The Pern:iunent Mission of the Syrian 1\rab Republic to Lhc United Nations
Office and other International Organizations in Geneva arnils itscl r of the opportunity
to convey its greetings to the Permanent Mission or the [(ingdom ol" the Netherlands
and the Permanent Mission of Canada to the United Nations in Geneva.
_.,. .......... N -•
..
Geneva, 2 Atigu~t.20~:!
The Permanent Mission of Canada
Avenue de I' Arianna 5, 1202 Geneve
The Permanent Mission of the l<ingdom of the Netherlands
Avenue Giuseppe-Motta 31-33, 1202 Geneve
tl.9w,;,r:ie-c-tm·1<'1!' :a t:::rz;:tncr ,men::ee
l~c,,,v 1k• r'H.• l"•)• ~•--'.l! t "} •'.t>t•1 1i•·.,· !'• Su:•~;,
i ~J (~.!., 02? / ! ' J .-11
~ t.•i;. f.;:• (-1 !] tP/ : :'1:;, ~=' 7 ,i ~;--;•; ;!. ···l, h': =• i 1, ~)i)rra•\.';1:·LCh
, -··
MISSION PERMANENTE
DE LA
REPUBLIQUE ARABE SYRIENNE
GENEVE
The Permanent Mission of the Syrian Arab Republic to the United Nations Office
and other International Organizations in Geneva would like to refer to its relevant
Notes Verbales, including the most recent one No. 173/22 dated 2 August 2022, and
to the joint Notes Verbales of the Permanent Missions of the Kingdom of the
Netherlands and Canada in Geneva, the latest of which is the joint Note Verbale No.
GEVEV-8333 / GEY-PA 105/2022 dated 9 August 2022, the Permanent Mission of
the Syrian Arab Republic in Geneva ·would like to convey the following to the
Permanent Missions of the Kingdom of the Netherlands and Canada in Geneva:
As indicated in the aforementioned Note Verbale of the Permanent Mission of
the Syrian Arab Republic dated 2nd August 2022, and in accordance with what had
been agreed on, the Syrian Arab Republic communicated with the United Arab
Emirates regarding the hosting of the second meeting. The United Arab Emirates
infonned the Syrian Arab Republic in writing of the following: "The United Arab
Emirates agrees to host the meeting, provided that it will be held during the first half
of October 2022. Thus, please specify the day and elate and convey them to us as soon
as possible to inform the relevant authority in the Ministry of Foreign Affairs and
International Cooperation in the UAE to make the necessary arrangements."
Based on that, the Syrian Arab Republic informs the Kingdom of the Netherlands
and Canada that it is available for meeting in Abu Dhabi during two days of any of
the following sets of dates: 3-6 October 2022 or I 0-13 October 2022. The Syrian Arab
Republic requests the confirmation of the Kingdom of the Netherlands and Canada as
soon as possible if any of these elates are appropriate for them. Upon receipt of the
confirmation from the Kingdom of the Netherlands and Canada, the Syrian Arab
Republic will inform the United Arab Emirates accordingly to complete the necessaiy
arrangements, and it will make its own arrangements to attend the meeting.
Roule de Pre· bois 20 • 1215 Geneve 15, Suisse
Tel (41) 022 715 45 60 • Fa~ (41) 022 738 42 75- email: [email protected]
The Permanent Mission of the Syrian Arab Republic to the United Nations
Office and other International Organizations in Geneva avails itself of the opportunity
to convey its greetings to the Permanent Mission of the Kingdom of the Netherlands
and the Permanent Mission of Canada to the United Nations in Geneva.
The Permanent Mission of Canada
Avenue de I' Arianna 5, 1202 Geneve
The Permanent Mission of the Kingdom of the Netherlands
Avenue Giuseppe-Motta 31-33, 1202 Geneve
Route de Pre- bois 20 • 121S Gencve 15. Suisse
Tel (41) 022 715 4S 60- Fax {41} 022 738 42 75 • Email: [email protected]
2
MISSION PERMANENTE
DE LA
REPUBLIQUE ARABE SYRIENNE
GENEVE
The Permanent Mission of the Syrian Arab Republic to the United Nations Office
and other International Organizations in Geneva would like to refer to its relevant
Notes Verbales, including the most recent one No. l96/22 dated 30 August 2022, and
to the joint Notes Verbales of the Permanent Missions of the Kingdom of the
Netherlands and Canada in Geneva, the latest of which is the joint Note Verbale No.
GENEV-8428 / GEY-PA 118/2022 dated 15 September 2022, the Pe1manent Mission
of the Syrian Arab Republic in Geneva would like to convey the following to the
Permanent Missions of the Kingdom of the Netherlands and Canada in Geneva:
The Syrian Arab Republic has requested the United Arab Emirates to take the
necessary measures to hold the meeting at the Etihad Towers Hotel in Abu Dhabi on 5
and 6 October 2022 and to identify a joint contact point, as agreed between the Syrian
Arab Republic and both the Kingdom of the Netherlands and Canada. The Syrian Arab
Republic has begun to make arrangements for the participation of its delegation on the
agreed date.
With regard to what was mentioned in the joint Dutch-Canadian note verbale of
15 September 2022, in which they requested the Syrian Arab Republic to " indicate
any particular issues that it would like them to address with regard to the statement of
Facts and Statement of Law prior to 28 September 2022", the Syrian Arab Republic
would like to clarify that it would like to address the various points contained in the
text of what has been called "Statement of Facts" and "Statement of Law" submitted
by the Kingdom of the Netherlands and Canada, according to what has been previously
agreed on.
As for what has been pointed out regarding not holding a meeting in the second
and third quarters of 2022, the Syrian Arab Republic indicates that it has always
demonstrated its readiness to hold such a meeting as illustrated in its previous relevant
notes verbales.
Route de Pre- bois 20 - 12 LS Gen eve 15, Suisse
Tel (41) 022 715 ,15 60 - Fax (U) 022 738 42 75 . Email: mirnonsyria@l)lucwi11.ch
The Pennanent Mission of the Syrian Arab Republic to the United Nations
Office and other International Organizations in Geneva avails itself of the opportunity
to convey its greetings to the Permanent Mission of the Kingdom of the Netherlands
and the Permanent Mission of Canada to the United Nations in Geneva.
•·;·... . ' ~ ~.
Genev.~;):6: .S~e.1,1i!it·~r. 2022
I _; ~• • , , • ·~• ••• • :~.:,_ ~:~-.:. •
The Permanent Mission of Canada
Avenue de I' Arianna 5, 1202 Geneve
The Permanent Mission of the Kingdom of the Netherlands
Avenue Giuseppe-Motta 31-33, 1202 Geneve
Route de Pr!}- imis 20 • 121:, Gcnr.ve 15, Suisse
Tel (41) 022 715 45 GO - l'ax (41) 022 '/38 ~2 75 • Email: [email protected]
2
DE LA
RfPUDLIQU!::: ARAIIE SYRLENl'-:E
GE!':EVE
~),.C.~.IJ~ ~l~)~:.LI
~v.. -. ~~ ~,\.#~
~(V~(J.,J:}1)1 ~ I
<.·,i.: -
The Permanent Mission of the Syrian Arab Republic to the United Nations
Office and other International Organizations in Geneva would like to refer to
its relevant Notes Verbales, including the most recent one No. 220/22 dated
26 September 2022, and to the joint Notes Verbales of the Permanent
Missions of the Kingdom of the Netherlands and Canada in Geneva, the latest
of which is the joint Note Verbale No. GENEV-8456 / GEV-PA 129/2022 dated
28 September 2022, the Permanent Mission of the Syrian Arab Republic in
Geneva would like to convey the following to the Permanent Missions of the
Kingdom of the Netherlands and Canada in Geneva:
The Emirati side confirmed to us that the venue of the meeting is the
Etihad Towers Hotel in Abu Dhabi during the period 5 and 6 October 2022.
and that for more details regarding logistical support. ,t is possible to contact
Mr. Rashed AI-Tanji on the phone number 0502722211 and as for the dates.
it is possible to contact Ms. La1111a·a Bin Tarn1rn on the phone number
0502296269.
It should be noted that the composition of the Sy1·ian Arab Republic
delegation will be the same composition as that participated in the previous
meeting that was held on 26 April 2022
The Permanent Mission of the Synan Ar·ab Republic to the United
Nations Office and other International Organizations in Geneva avails itself of
the opportunity to convey its greetings to the Permanent Mission of the
Kingdom of the Netherlands and the Permanent Mission of Canada lo the
United Nations in Geneva.
The Pcrrnanent Mission of Ca nada
Avenue de !'Arianna 5, 1202 Geneve
The Perrn,rnent Mission of the l<int:dom of the Netherlands
Avenue Giuseppe-Motta 31-33, 1202 Geneve
MISSION PERMANENTE
DE LA
REPUBLIQUE ARABE SYRIENNE
GENEVE
N° 236 /22
~~f-A-I}~ ~,1~t_t ~~~
o,Jl(V~tJ,:J!J !.u I~ I
Q- .. 0•,,,.
In reference to the Notes Verbales of the Permanent Mission of the
Syrian Arab Republic to the United Nations Office and other international
organizations in Geneva, and to the joint Notes Verbales of the Permanent
Missions of the Kingdom of the Netherlands and Canada in Geneva, the latest
of which is the joint Note Verbale No. GEV-PA 140/2022, GENEV-8480 dated
17/10/2022, the Permanent Mission of the Syrian Arab Republic in Geneva
would like to convey the following to the Permanent Missions of the Kingdom
of the Netherlands and Canada in Geneva:
Recalling the aspects that have been reviewed and the explanations that
have been provided during the meeting held on 5 and 6 October 2022 in Abu
Dhabi, as stated in the verbatim record of that meeting, the Syrian Arab
Republic indicates that it believes that the meeting was useful in terms of
clearly identifying the views of the parties on the subject under discussion.
The Syrian Arab Republic has assessed the proceedings of that meeting and
the views expressed by the delegations of the Kingdom of the Netherlands
and Canada, and it, therefore, has further explanations and points in this
regard and it is ready to continue the meetings in goodwill to achieve the
required progress and reach a solution.
The Syrian Arab Republic recalls that one substantive meeting was held
between the parties on 5 and 6 October 2022, as the first meeting, which was
held on 26 April 2022, was designated to agree on procedural aspects only.
In this context, the Syrian Arab Republic reiterates that holding only one
substantive meeting is not sufficient to conclude a hasty conclusion that the
parties have reached a "deadlock" or that the follow-up of the meetings is
"futile", as stated in the Dutch-Canadian aforementioned joint Note Verbale.
The Syrian Arab Republic recalls that, during the meeting of 26 April, its
delegation expressed its agreement on the proposal of the delegations of the
Kingdom of the Netherlands and Canada to hold future in-person meetings
every three months, but only one meeting had been held thereafter.
Route de Pre· bois 20- 1215 Geneve 15, Suisse
Tel {41) 022 715 45 60 - Fax (41) 022 738 42 7S - Email: [email protected]
Based on the above, the Syrian Arab Republic proposes to hold a new
meeting in the same venue in the first half of January 2023 or earlier by
agreement of the parties, in order to provide an additional opportunity to make
progress and reach a meaningful outcome, with the belief that if there are
goodwill and genuine desire to engage in serious discussions this outcome
can be achieved, especially if the Netherlands and Canada provide
information on the topics raised by their delegations in the previous meeting,
and on the queries, questions, and points that were raised by the delegation
of the Syrian Arab Republic, the aim of which was to gain a better
understanding of how to address what was presented by the Netherlands and
Canada and to follow up on that basis.
The Permanent Mission of the Syrian Arab Republic to the United
Nations Office and other International Organizations in Geneva avails itself of
the opportunity to convey its greetings to t~e Permanent Mission of the
Kingdom of the Netherlands and the Permanent Mission of Canada to the
United Nations in Geneva.
The Permanent Mission of Canada
Avenue de !'Arianna 5, 1202 Geneve
The Permanent Mission of the Kingdom of the Netherlands
Avenue Giuseppe-Motta 31-33, 1202 Geneve
Route de Pre- bois 20 • 1215 Geneve 15, Suisse
Tel (41) 022 715 45 60 - Fax (41) 022 738 42 75 - Email: [email protected]
2
'I
;
MISSION PERMANENTE
DE LA
REPUBLIQUE ARABE SYRIENNE
GENEVE
N° 246 /22
In reference to the Notes Verbales of the Permanent Mission of the Syrian Arab
Republic to the United Nations Office and other international organizations in
Geneva, the latest of which is Note Verba le No.236/22 dated 27/10/2022, and to the
joint Notes Verbales of the Permanent Missions of the Kingdom of the Netherlands
and Canada in Geneva, the latest of which is the Joint Note Verbale Ref: GEVEV-
8517 and GEV-PA 151 /2022 dated 7/11/2022, the Permanent Mission of the Syrian
Arab Republic in Geneva would like to convey the following to the Permanent
Missions of the Kingdom of the Netherlands and Canada in Geneva:
The Syrian Arab Republic recalls that during the meeting of 26 Apri6 its
delegation expressed its agreement on the proposal of the delegations of the
Kingdom of the Netherlands and Canada to hold future meetings in person every
three months, and no conditions were presented in this regard by the delegations of
the Kingdom of the Netherlands and Canada, Noting that the Syrian Arab Republic
has always reaffirmed its readiness to engage in seriousness and goodwill with the
Netherlands and Canada based on the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, out of its keenness to respect
International Law and International multilateral conventions, including the
Convention against Torture.
The Syrian Arab Republic also recalls that the exchanged Notes Verbales
between the parties during the previous period have not actually addressed the
substance of the matter taking into consideration that the first meeting, held on 26
April 2022, was designated to agree on procedural aspects only. Accordingly, the
Syrian Arab Republic reiterates that holding only one substantive meeting on 5 and
6 October 2022- in Abu Dhabi is not sufficient to draw a theoretical conclusion by the
Kingdom of the Netherlands and Canada that there is no "Sufficient progress" has
been achieved, a "Deadlock" has been reached or the follow-up of the meetings is
"futile". Especially since the Syrian Arab Republic has clarified in the Note Verbale
dated 27 October 2022 that it has evaluated the proceedings of that meeting and the
views expressed by the delegations of the Kingdom of the Netherlands and Canada,
and that the Syrian Arab Republic has further ex planations and points to put forward,
Roule de Pre- bois 20 • l215 G,meve 15. Suisse
Tel (41) 022 715 45 60. f-ax (41) 022 738 -12 75 • Email: [email protected]
in the hope of achieving further development in the positions of the parties during
the future meetings.
Based on the above, the Syrian Arab Republic resubmits its proposal to hold a
new meeting in Abu Dhabi during the first half of January 2023 or earlier by
agreement of the parties, in order to provide an additional opportunity to achieve the
required progress and reach a meaningful outcome. The Syrian Arab Republic
reiterates its belief that in case of the provision of goodwill and a genuine desire to
engage in serious discussions, there is a reasonable probability of achieving such
an outcome, especially if the Netherlands and Canada react positively and provide
information on the queries, questions, and points that has been raised by the
delegation of the Syrian Arab Republic, the aim of which was to gain a better
understanding of how to address what was presented by the Netherlands and
Canada and to follow up on that basis.
The Syrian Arab Republic underlines that it is necessary not to use the
Convention against Torture merely as a tool to achieve goals that fall entirely far from
the humanitarian purposes for which it was put to serve and the principles on which
it was established. This requires a positive and goodwill engagement, particularly by
the party that has invoked issues related to the implementation of the Convention,
and not only pass the phases deliberately without making a real and serious attempt
to engage in discussions to reach solutions.
The Permanent Mission of the Syrian Arab Republic to the United Nations Office
and other International Organizations in Geneva avails itself of this opportunity to
convey its greetings to the Permanent Mission of the Kingdom of the Netherlands
and the Permanent Mission of Canada in Geneva.
The Permanent Mission of Canada
Avenue de !'Arianna S, 1202 Geneve
The Permanent Mission of the Kingdom of the Netherlands
Avenue Giuseppe-Motta 31-33, 1202 Geneve
Routt> dr Pre- bois 20 -1215 Genevc 15, su,sse
Tl'I (4.ll 0~2 71S ,tS 60 -f,i• (41) 022 738 •12 75 • Em~II. miss,[email protected]
2
MISSION PERMANENTB
DE LA
REPUBLIQUE ARABE SYRIENNE
GEN~VE
N° 3 ~ /23
~':A'l"'~ lt~~tt ~- 1..-~;!T
~(E~":".!i!.J I !!sl I
4 A.o./h.e
In Reference to the Notes Verbales of the Permanent Mission of the Syrian Arab
Republic to the United Nations Office and other international organizations in
Geneva, the latest of which is No. 246 dated 17 /1 'l/2022, and to the joint Notes
Verbales of the Permanent Missions of the Kingdom of the Netherlands and Canada
in Geneva, the latest of which is No. GEV-PA '187/2022 and GENEV-8587 dated 20
and 21/12/2022, the Permanent Mission of the Syrian Arab Republic in Geneva
would like to convey the following to the Permanent Missions of the Kingdom of the
Netherlands and Canada in Geneva:
The Syrian Arab Republic has taken note of the joint Note Verbale of the
Kingdom of the Netherlands and Canada datE:id 20 and 21 December 2022.
The Syrian Arab Republic reaffirms that it has engaged seriously and in goodwill
with the Netherlands and Canada based on the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, and that it is ready to
continue such engagement out of its concern to respect International Law and
multilateral international conventions, including the Convention against Torture.
The Syrian Arab Republic recalls what it has clarified in its Note Verbale dated
17 November 2022, that the Notes Verbales exchanged between the parties during
the past period did not actually address the substance of the matter, while the first
meeting, held on 26 April 2022, was devoted only to agreeing on the procedural
aspects, and therefore holding only one substantive meeting on 5 and 6 October
2022, in Abu Dhabi, is not enough to draw a theoretical conclusion unilaterally by the
Kingdom of the Netherlands and Canada that there is no "sufficient progress" has
been achieved, a "Deadlock" has been reached or that the follow-up of meetings is
"futile" as stated in the joint Notes Verales dated 17 October and 7 November 2022.
In its Note Verbale dated 27 October 2022., thE1 Syrian Arab Republic clarified that it
had evaluated the proceedings of the meet.in~, held on 5 and 6 October 2022 and the
views expressed during it by the delegations of the Kingdom of the Netherlands and
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!l!l!!!!!!!!!!!!!!!!!!!!!!!!!!!!!"!!!!ffl!!!!!!!!!~!!-!,•-~f- !!~--Dat"9!'ll!!!!'T! !!!!!!!!!!!!'!.!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!i!B!!!!!!!!!!II!!!!!!
Rouk' cJc• Pre lJL.:m. 2) 1 :.- I 1
J ( ,._. ,,•vr J~. , .-,,ui•,t·
Tel (41) 022 ·, 1~ 4~ c,n. l·ax ('1 1) O.!J. 7 Ui .! ) /'j rm .. tl ... , .. ~l•lf •,•, 11d~i'Ulue-wu1 :h
Canada, and that it has further points to put forward and discuss, in the hope of
achieving further development in the positions of the Parties during the future
meetings.
In reference to what has been stated in the joint Note Verbale of the Permanent
Missions of the Kingdom of the Netherlands and Canada in Geneva dated 20 and
21 December 2022, that "all attempts at negotiations have failed to make any
progress towards resolving the dispute", the Syrian /\rab Republic recalls that it has
proposed, in its Note Verbale of 27 Octobt:.'r 2022 and its Note Verbale of 17
November 2022, to hold a meeting in Abu Dhaoi during the first half of January 2023
or earlier by agreement of the parties. but unfortunately, the Kingdom of the
Netherlands and Canada completely ignored this proposal, although such a meeting,
in case of the provision of goodwill and genuine desire to engage in serious
discussions by the Kingdom of the Netherlanc.s and Canada, would have provided a
reasonable probability of achieving progress. The Syrian Arab Republic also points
out that disregarding twice by the Netherlands and Canada to its proposal to hold a
meeting, which was first presented almost three months ago, is inconsistent with
what they referred to in their joint Note Verbale on the critical importance of the time
factor. Had the Kingdom of the Netherlands c..nd Canada at that time agreed on the
proposal of the Syrian Arab Republic to hold a such meeting, all this time would have
not been wasted unjustifiably, and it woulc have been an opportunity to make
progress and reach a meaningful outcome within a reasonable period of time.
Therefore, the Syrian Arab Republic resubmits its proposal to hold a meeting in Abu
Dhabi as soon as possible with the agreement of the parties.
The Permanent Mission of the Syrian Arab Republic to the United Nations Office
and other International Organizations in Geneva avails itself of this opportunity to
convey its greetings to the Permanent Missions of the Kingdom of the Netherlands
and Canada in Geneva.
The Permanent Mission of Canada
Avenue de I' Arianna 5, 1202 Geneve
The Permanent Mission of the Kingdom of the Netherlanr:.'s
Avenue Giuseppe-Motta 31-33, 1202 Geneve
( icncva. l February 2023
\
. r (
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!a!!!!!!!!!!l!!!!!"!"'!!!!!!!!!!!!!'!!!!!!!!!!!!!!!!!!!!!'!"!!'!!l!!!!!!!!!!!!!!!!!!-~-f\ttl~GDl~- !!!!!!l!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!l!!!!!!II!!!!
Houlf' ,Ip l'n· t11)h ;•(! I· 1~, ( 1111 \ '1• t• .. '·,u1~.-.11
Tel (41} 02;, / l~ '1!> {JJ . 1•3.( {tl ! i 0:>2 ;,: I / /' I tr·-1'1 n · .. (J·1'yrra~1'bh.uaw TI eh
.,
MISSION. PERMANENTE
DE LA
REPUBLIQUB ARABE SYRIENNE
GENEVE
N° J,.L'l 123
l~P_);tl~ ,~~~tt
~--~~~
i.J';,tJL;,C.( !.~ : )!J' '!sl ' 'p,-,o,•.
In reference to the Notes Verbales of the Permanent Mission of the Syrian Arab
Republic to the United Nations Office and other international organizations in
Geneva, the latest of which is No. 32/23 dated 1/2/22023, and to the joint Notes
Verb~les of the Permanent Missions of the Kingdom of the Netherlands and Canada
in Geneva, the latest of Which is No. GEV-PA 45/2023 and GEVEV-8678 dated 24
March 2023, the Permanent Mission of the Syrian Arab Republic in Geneva would
like to convey the following to the Permanent Missions of the Kingdom of the
Netherlands and Canada in Geneva:
The Syrian Arab Republic has taken note of the joint Note Verbale of the
Kingdom of the Netherlands and Canada dated 24 March 2023.
The Syrian Arab Republic reaffirms what was stated in its previous notes
Verbales dated 27 October 2022, 17 November 2022 and 1 February 2023i in
particular, that holding only one substantive. meeting on 5 and 6 October 2022, in
Abu Dhabi, is not enough to draw a theoretical conclusion unilaterally by the
Kingdom of the Netherlands and Canada that there is no "sufficient progress" has
been achieved, a "Deadlo_ck" has been reached, or that the follow-up of meetings is
"futile" as stated in the joint Notes Verba/es dated 17 October and 7 November 2022,
and 24 March 2023.
The Syrian Arab Republic has consistently affirmed that it is ready to engage
seriously and in goodwill with the Netherlands and Canada on the basis of the
Convention against Torture. This was demonstrated by its constructive engagement
in the meeting held on 5 and 6 October 2022 in Abu Dhabi, and what it has clarified
after this .meeting in the abovementioned notes Verbales, that it has evaluated the
proceedings of the meeting and the views expressed within by the delegations of the
Kingdom of the Netherlands and Canada, and that the Syrian Arab Republic has
further points to put forward and discuss, in the hope of achieving further
development in the positions of the Parties during the future meetings.
Route de Pre-bois· 20- 1215 Geneve 15; Suisse
Tel (41) 022 715 45 60-Fax (41) 022 738 42 75-Email: [email protected]
However, regrettably, the Kingdom of the Netherlands and Canada have not
accepted the Syrian Arab Republic's repeated proposal to hold a meeting in Abu
Dh~bi, which means cutting off the road to what this meeting could have provided of
reasonable probability of progress. This also shows the lack of interest of Canada
and the Netherlands in making any real attempt in thi.s regard. While the Kingdom of
the Netherlands and Canada believe that there are ''Vast disparities between the
parties", as stated in their note verbale of 24 March, It is clear that addressing this
matter is by continuing the meetings without wasting any time, which the Kingdom
of the Netherlands and Canada have so far rejected without any reasonable
justification, as it has caused and is causing the waste of all this time which could
have been invested in reaching the desired result, and therefore they bear the
responsibility for that.
Despite all that, and as an expression of its goodwill and seriousness, the Syrian
Arab Republic resubmits its proposal to hold a meeting in Abu Dhabi as soon as
possible by agreement of the parties, noting that it has more points to raise and
discuss in this meeting, in order to give an additional opportunity to achieve the
required progress and reach a meaningful outcome.
The Permanent Mission of the Syrian Arab Republic to the United Nations Office
and other International Organizations in Geneva avails itself of this opportunity to
convey its greetings to the Permanent Missions of the Kingdom of the Netherlands
and Canada in Geneva.
The Permanent Mission of Canada
Avenue de I' Arianna 5, l,202 Geneve
The Permanent Mission of the Kingdom of the Netherlands
Avenue Giuseppe-Motta 31-33, 1202 Geneve
Route de Pre, bois 20 • 1215 Gen eve 15, Suisse
Geneva, 1 O April 2023
Te.I (41) 022 715 45 60- Fax (41) 022 738 42 75 -Email: [email protected]
2