Circular No. 26

The Syrian Future Movement is closely following the new regulatory measures announced by the Public Prosecutor in Damascus, Hussam Khattab, on Sunday, July 26, 2026, regarding Circular No. (26) of 2026 issued by the Ministry of Justice. This circular aims to regulate procedures for dealing with cybercrimes, restrict arrests and search warrants, limiting them to exceptional cases and requiring a written decision from the Public Prosecution.

The Syrian Future Movement appreciates Circular No. 26 and commends its strict legal controls, which limit arbitrary arrests and establish clear standards for dealing with cybercrimes.

The circular, issued on June 29, restricts pretrial detention in cybercrime cases, limits the issuance of search warrants to the Public Prosecution, and restricts them to serious crimes such as extortion, hacking, and cyber espionage.

It also refers minor crimes, such as defamation and slander, directly to the competent courts and establishes judicial committees to review previous search warrants and cancel those lacking legal justification.

We see these regulations as a reaffirmation of the principle of “presumption of innocence” and a shift from detention as the rule to the exception, which aligns with the spirit of the 2025 Constitutional Declaration.

However, the Syrian Future Movement reminds us that Circular No. 26 is a regulatory measure, not a fundamental legislative amendment.

Law No. 20 of 2022, enacted by the former regime, remains in effect and contains vague and ambiguous terms, such as “undermining the prestige of the state” and “undermining the state’s financial standing,” which have been used in the past to justify arbitrary arrests.

Amnesty International has documented five cases of journalists and activists detained for expressing their opinions between January and June 2026, based on these provisions.

We in the Syrian Future Movement emphasize that the continued presence of these provisions in the law leaves the door open to interpretations that could lead to violations of rights and freedoms.

The Syrian Future Movement reiterates its unwavering support for freedom of expression and its rejection of laws that restrict freedoms, as published on its official website. These positions include:

  • The Amnesty International statement on the Cybercrime Law (dated July 26, 2026), which emphasized that the continued application of a law issued by the ousted regime constitutes a threat to freedom of expression and called for its immediate suspension.
  • The National Strategy for Combating Money Laundering and Terrorist Financing statement (dated July 22, 2026), which stressed that developing the financial and institutional system requires a transparent legal environment that protects rights and freedoms.

The Syrian Future Movement emphasizes that Circular No. 26 should be a starting point for a comprehensive review of the legislative framework for cybercrimes, not the end goal.

The Syrian Future Movement also notes that the Minister of Justice, Mazhar Al-Wais, confirmed that the circular is consistent with the provisions of the Constitutional Declaration.

Therefore, we support this approach, but we reiterate that the Constitutional Declaration guarantees the right to freedom of expression, and that any legislation restricting this freedom under the pretext of security or order contradicts the spirit of the Declaration.

We also emphasize that the transitional phase requires genuine political will to purge the legislative framework of all repressive laws.

The Syrian Future Movement presents a set of recommendations to ensure a balance between combating cybercrime and protecting fundamental freedoms:

  1. Considering Circular No. 26 as a first step in a broader reform process, and working to completely repeal Law No. 20 of 2022 and replace it with new legislation that complies with international human rights standards and the Constitutional Declaration.
  2. Launching a comprehensive national dialogue on the cybercrime law, with the participation of legal experts, representatives of civil society, journalists, and activists, to ensure that the new legislation reflects the will of the Syrian people and protects their rights.
  3. Releasing all those detained for peacefully expressing their opinions, especially the five cases documented by Amnesty International, and guaranteeing that they will not be prosecuted.
  4. Strengthening oversight and monitoring mechanisms is crucial to ensure the effective implementation of the guarantees outlined in the circular and to prevent any deviations or violations.

The Syrian Future Movement reiterates its welcome of Circular No. 26 and commends the efforts of the Ministry of Justice and the Attorney General in Damascus in issuing it.

We emphasize that this circular, while important, does not negate the need for fundamental legislative reform that guarantees the protection of freedoms and rights in the digital space.

We call on the Syrian government to build upon this step, expedite the repeal of Law No. 20 of 2022, and launch a national dialogue on new legislation that protects rights and freedoms and strengthens citizens’ trust in their state institutions.

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