The Syrian Future Movement is closely following the verdicts issued by the Fourth Criminal Court in Damascus against Bashar al-Assad, Maher al-Assad, Atef Najib, and a number of figures from the former regime, along with the accompanying legal and human rights debate, particularly in light of international criticism of trials in absentia and the death penalty.
We in the Syrian Future Movement affirm that the crimes of the former regime against the Syrian people are documented by a vast amount of testimonies, documents, photographs, and evidence, and that holding those responsible accountable is not merely a political demand, but a right of the victims and a duty of the new Syrian state. At the same time, we believe that the magnitude of the crimes does not permit leniency in due process; rather, it makes adherence to it all the more imperative.
The goal is not to issue a verdict against Bashar al-Assad, knowing beforehand the Syrian people’s moral and historical stance towards him, but rather to establish a sound Syrian legal case that no lawyer in the future can overturn with a procedural loophole, that no foreign state can use as a pretext for refusing to extradite a wanted person, and whose integrity no human rights organization can question.
Amnesty International’s criticism of trials in absentia and the death penalty brought this problem to light early on, regardless of whether we agree or disagree with the organization’s stance on the death penalty in principle.
Here, we clearly distinguish between two things:
The justice of the Syrian cause and the integrity of judicial procedures.
The justice of the Syrian people’s cause, and the killing, torture, displacement, and enforced disappearances they have endured, do not require further political validation. However, judicial rulings require the highest levels of professionalism, accuracy, and transparency, as they will be tested in the future before different judicial and international systems.
The Syrian Future Movement believes that the historic trial of the head of the former regime should not be reduced to a mere hasty verdict in absentia. Rather, it should become the primary trial for the crimes of the former regime, revealing the decision-making system, the chains of command and responsibility, security and military orders, documents from agencies and institutions, and testimonies from victims, survivors, and former officials. This will establish a national judicial record that cannot be erased or denied.
Accordingly, the Syrian Future Movement recommends the following:
Conducting a comprehensive and independent legal review of all procedures preceding the verdicts, ensuring their full compliance with Syrian law, fair trial guarantees, and relevant international legal standards.
Clarifying the procedures for notifying fugitive defendants to the public, and stating whether all possible legal and diplomatic means of notification have been exhausted, including contacting the relevant authorities in the countries where they are believed to be located, and resorting to alternative methods of notification permitted by law if these prove impossible.
Guaranteeing the right to defense unequivocally, and clarifying how absent defendants will be legally represented, as guaranteeing the right to defense is not a privilege granted to the defendant nor an acquittal, but rather one of the most important means of safeguarding the verdict issued against them.
Publishing the full legal reasoning behind the verdicts whenever judicial procedures permit, and not merely announcing the verdict itself; the Syrian public needs to know the evidence, the legal characterization, and the basis upon which each verdict was founded.
Opening the security, military, and judicial archives of the former regime to the competent judicial authorities, and working to classify, preserve, and digitize them according to strict rules that prevent tampering with or destruction of them.
Forming specialized investigation and prosecution teams for the crimes of the former regime, comprising judges, lawyers, and experts in international criminal law, transitional justice, forensics, and documentation, instead of treating these files as traditional criminal cases.
Expanding the scope of charges from direct individual responsibility to command responsibility and chains of command, thus allowing for the exposure of the structure that produced the killing, torture, and enforced disappearances, rather than merely prosecuting the direct perpetrators.
Utilizing the millions of documents, evidence, and testimonies that have become available since the fall of the regime, in addition to the evidence collected over the years by Syrian and international human rights organizations, and building a unified national evidence base that preserves the rights of victims and serves future trials.
Studying the international implications of the death penalty and trials in absentia, particularly their potential impact on extradition requests for defendants residing outside Syria, or their use before foreign courts in asylum cases, non-extradition claims, and cases of fear for life.
Developing a unified national strategy for pursuing wanted individuals outside Syria, in coordination between the Ministry of Justice, the Ministry of Foreign Affairs, and relevant judicial authorities, ensuring that extradition requests are prepared according to the standards required by the countries where the wanted individuals reside.
Linking these trials to the comprehensive Syrian transitional justice project, ensuring that victims, families of the missing, detainees, and survivors are integral to the process of uncovering the truth, achieving justice, and providing reparations.
Utilizing independent Syrian and international legal expertise to review major cases before reaching final verdicts. This is not a diminution of the Syrian judiciary, but rather a safeguard for it and its rulings against potential appeals and challenges.
Completely separating the judicial process from political considerations and preventing the trials of former regime figures from being used for propaganda or revenge. Judicial independence is one of the most crucial distinctions that should differentiate the new Syria from the Assad regime.
Giving these trials the time, professionalism, and rigorous transparency they deserve. After fifteen years of sacrifice, Syrians do not need a hasty verdict, but rather a historic and enduring one that will stand the test of time and history.
The Syrian Future Movement affirms that demanding guarantees for the rights of Bashar al-Assad, Maher al-Assad, or others during their trial does not mean defending them, denying their crimes, or being lenient in holding them accountable. Rather, it is a defense of the Syrian state itself and of the rights of the victims before the rights of the accused.
We do not want a day to come when Syria requests the extradition of a senior official of the former regime, only to have his lawyer stand before a foreign court relying on a flawed legal argument.
In the case of notification, absence of defense, procedural deficiencies, or a penalty that does not allow extradition under the laws of that country when it is likely to be enforced, to prevent his return to the Syrian judiciary.
