Text of the Syrian Emergency Law 1962

Syria has known emergency laws since the mid-1920s, the most prominent of which remains Legislative Decree No. 51 of December 22, 1962.

Under this law, a state of emergency was declared in Syria following a military coup led by the Arab Socialist Baath Party on March 8, 1963, when martial law was declared by Military Order No. 2.

The following is the text of the law: 

Chapter One:

Article 1:

A- A state of emergency may be declared in the event of war or a situation threatening its occurrence, or in the event that security or public order in the territory of the Republic or part of it is endangered due to the occurrence of internal disturbances or the occurrence of public disasters.

b- The state of emergency may cover all or part of the Syrian lands.

Article Two:

A- A state of emergency is declared by a decree taken in the Council of Ministers meeting under the chairmanship of the President of the Republic and with a two-thirds majority of its members, provided that it is presented to the House of Representatives at its first meeting.

B- The decree defines the restrictions and measures that the customary ruler may take, as stipulated in Article Four of this Legislative Decree, without prejudice to the provisions of Article Five thereof.

Article Three:

A- When declaring a state of emergency, the Prime Minister is called a martial ruler, and all internal and external security forces are placed at his disposal.

b- The Martial Ruler may appoint one or more deputies linked to him by virtue of a decree.

C- The deputies of the customary ruler shall exercise the powers that he delegates to them within the areas that he determines for them.

Article Four: The

martial law ruler or his deputy may issue written orders to take all or some of the following restrictions or measures, and to refer violators to military courts.

A- Putting restrictions on the freedom of people to meet, reside, move, and pass through certain places or times, detain suspects or those who pose a threat to security and public order in preventive detention, authorize investigations of people and places at any time, and assign any person to perform any work.

b- Monitoring messages and intelligence of any kind, and monitoring newspapers, bulletins, files, drawings, publications, broadcasts, and all means of expression, propaganda, and advertisement before publishing them, seizing them, confiscating them, disabling them, revoking their privileges, and closing their places of printing.

C- Determining the opening and closing times for public places.

D- Withdraw licenses for weapons, ammunition, explosive materials, and explosives of all kinds, and order their surrender and seizure, and close weapons stores.

E- Evacuating or isolating some areas, organizing means of transportation, limiting transportation between different areas.

f- Seizing any movable property or real estate, imposing temporary custody on companies and institutions, and postponing debts and obligations due on what is being seized.

G- Determining the penalties to be imposed for violating these orders, provided that they do not exceed three years' imprisonment and a fine of up to three thousand Syrian pounds, or either of them.

If the order does not specify the penalties for violating its provisions, the penalty for violating them shall be imprisonment for a period not exceeding six months and a fine not exceeding five hundred Syrian pounds, or one of these two penalties.

All this without prejudice to the more severe penalties stipulated in other laws.

Article Five:

A- The Council of Ministers, convened under the chairmanship of the President of the Republic, may expand the scope of restrictions and measures stipulated in the previous article, when necessary, by virtue of a decree presented to the Council of Representatives at its first meeting.

B- This Council may narrow the aforementioned restrictions and measures according to the situation that necessitated the declaration of the state of emergency.

Article Six:

In the areas where a state of emergency has been declared, the following crimes shall be referred to military courts - regardless of the capacity of the perpetrators, instigators or accomplices:

A- Violation of orders issued by the martial law.

B- Crimes against state security and public safety (from Articles 260 to Article 339 of the Penal Code).

C- Crimes against public authority (from Articles 369 to Article 387).

d- Crimes against public confidence (from Articles 427 to Article 459).

e- Crimes that constitute a comprehensive danger (from Articles 573 to Article 586).

Article Seven:

The martial law may exclude from the jurisdiction of the military judiciary some of the crimes specified in the previous article.

Article 8:

The customary ruler decides, by a final decision, on the assignment of jurisdiction between the civil and military courts.

Article 9:

Death sentences that become final are not executed unless approved by the customary ruler after consulting the pardon committee at the Ministry of Justice.

Chapter Two

Article Ten:

The termination of the state of emergency shall be by the competent authority declaring it and in accordance with the provisions stipulated in Article Two of this Legislative Decree.

Article Eleven:

After the end of the state of emergency, military courts will continue to hear cases within their jurisdiction, whether they have been referred to them or not.

Chapter Three

Article Twelve:

The State of Emergency Law No. 162 issued on 9/27/1958 and all its amendments are repealed.

Article Thirteen:

A- In all cases, the State Security Courts, created by Law No. 162 referred to above, remain competent to look into crimes within their jurisdiction committed before the issuance of this legislative decree, whether they were referred to them or not.

With regard to investigation, referral, trial, preservation, ratification and amendment of judgments issued or to be issued, the same principles and procedures followed under that law shall be followed.

The President of the Republic or whoever he authorizes may file the case while it is being considered by the court.

B- The guardianship imposed on some companies and institutions based on Law No. 162 remains in place until it is canceled by a decree taken by the Council of Ministers.

C- The state of emergency declared based on Law No. 162 is considered valid until it is canceled in accordance with the provisions of Article 10 of this Legislative Decree.

Article Fourteen:

This decree shall be published and enforced from the date of its issuance.