The Syrian Future Movement is following with great interest Presidential Decree No. 39 of 2026, issued on February 17, 2026 (corresponding to 29 Sha’ban 1447 AH), which grants a general amnesty for crimes committed before its issuance, along with reductions of severe penalties and, in some cases, full pardons.
The Syrian Future Movement welcomes any measure aimed at alleviating the human suffering caused by prison overcrowding and enhancing opportunities for the social reintegration of those convicted of minor offenses, especially given the exceptional economic and humanitarian circumstances the country is experiencing during this transitional phase.
The Syrian Future Movement commends the exceptions to the amnesty decree, particularly the following crimes:
- Torture (according to Law No. 16 of 2022)
- Terrorism
- Grave violations against the people (Article 47 of the 2025 Constitutional Declaration)
- Prostitution
- Theft of infrastructure
- Cybercrimes (Articles 27–29 of Law No. 17 of 2022)
We believe that these exceptions, in form, uphold the principle of no impunity for serious international crimes.
The Syrian Future Movement affirms that any general amnesty in a transitional context must adhere to strict standards derived from international human rights law and the principles of transitional justice, as well as from international experiences that have proven relatively effective, such as:
- South Africa (Truth and Reconciliation Commission 1995–2002): Amnesty conditional on full acknowledgment of political crimes, with the exclusion of serious non-political crimes.
- Colombia (2016 Peace Agreement): An explicit ban on amnesty for sexual crimes committed during the conflict, and the establishment of a special court (JEP) that combines commutation of sentences with recognition and reparations.
- Tunisia (2013 Transitional Justice Law): Expanding the definition of victim to include economic and social violations, while excluding serious crimes from amnesty.
The Syrian Future Movement calls for the following measures to ensure the decree’s compliance with the principles of comprehensive transitional justice (in accordance with UN resolutions and the principles of the Working Group on Enforced or Involuntary Disappearances):
- Linking any release or reduction of sentence to genuine reparations mechanisms for victims or those personally affected, and expanding the scope of compensation to include psychosocial support, based on Article 8 of the decree (which stipulates the waiver of personal rights within 3 months).
- Enhancing transparency and oversight by establishing independent committees comprising civil society organizations and victims’ associations to monitor the implementation of the decree, particularly in cases of medical exemption (Article 7), the conditions for kidnapping crimes (Articles 555–556 of the Penal Code), and the surrender of weapons (Law No. 51 of 2001).
- This decree is organically linked to the work of the National Transitional Justice Commission (Article 49 of the 2025 Constitutional Declaration), ensuring its compatibility with the right to truth and accountability for international crimes.
- A periodic evaluation will be conducted six months after implementation, with the participation of national and international human rights organizations, to assess its impact on civil peace and public trust in the judicial system. Parts of the decree may be amended or repealed if misuse is proven.
The Syrian Future Movement believes that amnesty can be an effective tool for national reconciliation if it adheres to strict human rights standards and is fully transparent. However, it becomes a significant risk if it fosters a culture of impunity or disregards the rights of victims and survivors.
