Introduction:
The issue of detention centers and prisons represents one of the most important tests of the new Syrian state’s commitment to the rule of law and human rights.
After decades of exceptional practices in the prisons of the former regime, where detention centers became something of a “parallel state” operating outside the law, reforming this system has become a national and moral imperative no less important than rebuilding infrastructure or reforming the economy.
International human rights organizations, most notably the Independent International Commission of Inquiry on Syria, have documented tragic cases of arbitrary arrest, enforced disappearance, and systematic torture in the detention centers of the former regime.
Investigations have concluded that “enforced disappearance in Syria reached widespread proportions, with Amnesty International estimating the number of forcibly disappeared persons at more than 100,000” under the previous regime.
With the fall of the Assad regime on December 8, 2014, and the start of a transitional phase aimed at building a state of law and institutions, reforming the criminal justice sector and the detention system has become a top priority for the transitional government.
The Interim Constitutional Declaration was issued on March 13, 2025, which included provisions prohibiting torture and arbitrary detention, guaranteeing the protection of fundamental rights and freedoms, and making international human rights conventions an integral part of the constitution.
Based on the responsibility of the Syrian Future Movement to support the state-building process, this research presents a comprehensive legal vision for developing oversight and training mechanisms in detention centers. This vision is grounded in national constitutional and legal frameworks, international human rights standards, and successful international experiences in this field.
First, the Constitutional and Legal Framework for Guarantees of Personal Freedom:
Despite its suspension on January 29, 2025, and its replacement by the Interim Constitutional Declaration, the 2012 Syrian Constitution remains an important legal reference point. It includes a set of fundamental principles for the protection of personal freedom, and these principles have been further strengthened in the new Constitutional Declaration.
A. Article 53 of the Constitution:
Article 53 of the 2012 Constitution stipulates that “Personal liberty is a fundamental right, and the State guarantees its protection. No one may be arrested, detained, or imprisoned except in the circumstances stipulated by law and pursuant to a judicial order. Every person arrested or detained must be subjected to the protection of the law, and may not be tortured or subjected to degrading treatment. Torture is considered a crime punishable by law.”
This text, which is now included in the provisions of the Interim Constitutional Declaration, affirms three fundamental guarantees:
- Criminal Legality: Arrest or detention is only permissible in the circumstances stipulated by law.
- Judicial Oversight: A judicial order is required for arrest, thus preventing administrative detention outside the framework of the judiciary.
- Prohibition of Torture: Torture and degrading treatment are criminalized, and the State is obligated to protect detainees.
B. Article 54:
Article 54 affirms the right of every detainee to contact their lawyer and inform their family, and to be tried within a reasonable timeframe.
It also stipulates that anyone arrested or detained in violation of the Constitution is subject to criminal prosecution.
C. Article 422 of the Penal Code:
The Syrian Penal Code includes deterrent provisions to prevent abuses in detention centers, most notably Article 422, which punishes any public official who “detains, imprisons, or prevents someone from accessing the competent authorities without legal authorization.”
D. Code of Criminal Procedure:
The Code of Criminal Procedure stipulates a set of procedural guarantees for defendants, including the right of the Public Prosecutor to conduct periodic inspections of detention facilities, and the right of a detainee to appeal a detention order before the judiciary.
It also stipulates that any procedures conducted without adherence to these guarantees are considered null and void and have no legal effect.
Second, the current reality of detention centers in Syria:
Despite the advanced constitutional legal framework, detention centers in Syria face structural and procedural challenges, largely the result of decades of neglect and abuses under the former regime.
A. Lack of effective oversight: Despite legal provisions authorizing the Public Prosecutor to inspect detention centers, this practice was virtually nonexistent under the former regime. Security agencies operated outside the bounds of judicial oversight, and detention centers became closed entities beyond the reach of the law.
B. Administrative detention and enforced disappearance: Human rights reports have documented widespread cases of administrative detention and enforced disappearance. Individuals were detained outside any legal framework, without informing their families or bringing specific charges against them. This resulted in thousands of Syrians disappearing into the dungeons of the former regime without anyone knowing their fate.
C. Lack of Human Rights Training:
Under the previous regime, police colleges and security institutes lacked systematic content on human rights and the rules for dealing with detainees, making violence and abuse part of the institutional culture of the security services.
Third, Proposals for Developing Oversight and Training Mechanisms:
Based on the constitutional and legal framework, international human rights standards, and drawing on successful international experiences in reforming the criminal justice sector, the Syrian Future Movement proposes the following for developing oversight and training mechanisms in detention centers:
Activating Independent and Unannounced Oversight:
A. Forming Periodic and Unannounced Inspection Committees:
It is proposed to form high-level inspection committees, reporting directly to the Minister of the Interior or the judiciary, to conduct periodic and unannounced inspection visits to all detention centers and prisons to ensure:
- No one is being detained unlawfully.
- The well-being of detainees.
- The administration’s adherence to legal regulations.
This proposal is based on activating Article 422 of the Syrian Penal Code, which criminalizes unlawful detention, and on Article 53 of the Constitution, which guarantees personal freedom. For citizens.
B. Activating the Public Prosecutor’s Role in Periodic Inspections:
Activating the legal provision that empowers the Public Prosecutor to carry out its duties in periodic inspections of prisons and detention centers, ensuring the early detection of any violations or abuses, and taking the necessary legal measures against violators.
The Code of Criminal Procedure explicitly stipulates that the Public Prosecutor “monitors the course of justice and oversees prisons and detention centers and the implementation of laws.” This provision, which remained merely ink on paper under the previous regime, can be activated today to become an effective oversight tool.
Digital Transformation, Mandatory Documentation, and Prohibition of Coercion:
A. Mandatory Installation of Surveillance Cameras:
Mandating the installation of surveillance cameras (audio and video) operating around the clock in all interrogation rooms, corridors, and vital facilities in all detention centers, with recordings to be retained for a specific legal period, to serve as evidence in any judicial investigation and as a deterrent to prevent any illegal practices.
This measure is beneficial in:
- Preventing torture and psychological and physical pressure on detainees.
- Documenting the investigation process and the procedures taken.
- Protecting staff in detention centers from unsubstantiated accusations.
B. Establishing a unified central electronic system for registering detainees:
Proposing the establishment of a unified national electronic system to register all detainees and prisoners, including their basic data, date of entry, charges against them, and the judicial decision issued against them, in order to ensure:
- Preventing cases of arbitrary detention and enforced disappearance.
- Providing an accurate database that enables judicial and oversight bodies to monitor the conditions of detainees.
- Protecting the rights of detainees by providing an accurate record of the duration of their detention.
This proposal is based on Article 54 of the Constitution, which guarantees “the right of every detainee to inform their family and contact their lawyer,” and on Article 53, which prohibits detention outside the legal framework.
C. Activating the Accountability System for Damages Resulting from Unlawful Procedures:
Proposing the establishment of a specialized legal unit to assess damages resulting from unlawful procedures taken against detainees (such as arbitrary detention or torture), and to provide fair compensation to victims, while guaranteeing their right to seek legal recourse for additional compensation.
Activating the Principle of Immediate and Urgent Criminal Accountability:
A. Immediate and Transparent Investigation into Deaths:
Obligating the relevant authorities to open an immediate and transparent judicial investigation into any death occurring within detention centers, with the participation of the Public Prosecutor and Forensic Medicine in the investigation, announcing the results to the public, and applying the maximum penalties to those responsible.
This measure is based on Article 391 of the Syrian Penal Code, which punishes anyone who causes the death of a person as a result of negligence or abuse, and on human rights principles that affirm every person’s right to life and physical integrity.
B. Immediate Referral of Those Involved to the Judiciary:
Any officer or member proven to be involved in illegal practices (torture, unlawful detention, negligence) shall be immediately referred to the competent judicial authorities. Direct supervisors shall be held administratively and legally responsible for any violations committed by their subordinates, in accordance with the principle of “command responsibility.”
Training and Capacity Building:
A. Integrating Human Rights into Training Curricula:
Mandatory courses on human rights and the rules for dealing with detainees shall be included in the training curricula of police colleges, security institutes, and the armed forces. These skills should become part of the institutional culture of security agencies, not merely theoretical material.
The UN Guiding Principles on Law Enforcement stipulate that “human rights training should be an integral part of basic and ongoing police training and should include the fundamental principles of human rights protection, the rules for dealing with detainees, and the prevention of torture.”
B. Ongoing Training and Periodic Evaluation:
Organizing ongoing training courses for staff working in detention centers, focusing on practical skills in dealing with detainees, stress management, and peaceful conflict resolution. They are subject to periodic evaluation to ensure their continued competence and adherence to legal standards.
Fourth, International Guarantees:
International human rights conventions constitute a fundamental reference point in developing monitoring and training mechanisms in detention centers, especially since the 2025 Interim Constitutional Declaration made these conventions an “integral part of the constitution.”
A. Convention against Torture (1984):
By virtue of its accession to the Convention against Torture, Syria is obligated to take effective measures to prevent torture in any territory under its jurisdiction, guarantee the right of every person to lodge a complaint with the competent authorities, and conduct a prompt and impartial investigation into any allegation of torture.
B. Basic Principles on the Use of Force and Firearms:
These principles, adopted by the United Nations in 1990, regulate the use of force by law enforcement officials, emphasize the principle of proportionality, and restrict the use of firearms to cases of absolute necessity, with the requirement for immediate reporting of any death or serious injury.
C. The Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules):
Adopted by the United Nations General Assembly in 2015, these rules form the fundamental framework for the treatment of prisoners. They include core principles such as the prohibition of torture and degrading treatment, the right of prisoners to healthcare, and their right to contact with the outside world. They also emphasize the necessity of regular inspections of prisons by independent oversight bodies.
Fifth, International Experiences:
The experiences of several countries that have successfully reformed their detention systems and developed effective oversight and training mechanisms can be beneficial.
A. The British Model:
The United Kingdom employs an independent prison inspection system through an independent inspectorate that reports directly to Parliament.
It also mandates human rights training for all personnel working in the criminal justice sector, with periodic performance evaluations.
B. The Canadian Model:
Canada has established independent commissions to receive complaints from detainees and investigate their cases.
Yes, while ensuring the confidentiality of reporting and protecting whistleblowers, this has contributed to uncovering many abuses and preventing their recurrence.
C. The German Model:
Germany implemented a unified electronic system for registering detainees, ensuring transparency and meticulous monitoring, and preventing unregistered detentions or enforced disappearances.
D. The South African Model:
After the end of apartheid, South Africa established a national mechanism for judicial oversight of detention centers, mandating the documentation of all arrest and investigation procedures and enabling lawyers to access their clients at any time.
Sixth, Conclusion and Recommendations:
Reforming the detention system in Syria represents a true test of the new state’s commitment to the rule of law and human rights.
Detention centers, which under the former regime had become closed entities operating outside the law, must now become a model of transparency, oversight, and adherence to legal regulations.
Activating independent and unannounced oversight, digitizing documentation, ensuring immediate referral to the judiciary, and providing ongoing human rights training are not merely administrative procedures, but fundamental pillars for building the rule of law we aspire to. They are also a national entitlement for those who suffered under the former regime and a guarantee against the recurrence of such practices in the future.
We in the Syrian Future Movement believe that reforming the criminal justice sector and the detention system is a national and moral responsibility that requires the concerted efforts of the government, the judiciary, and civil society. We are ready to offer our expertise and support in this endeavor, based on our vision of building a new Syria—a state of law and institutions that safeguards the dignity of all its citizens and achieves justice for all.
