Has Syria been liberated from tyranny?

Introduction:

The legitimacy of power is not tested by its ability to seize control, but rather by its capacity to subject its exercise of power to the bounds of the law. The transition from a phase of tyranny to one of state-building is not measured merely by a change in political authority, but by the extent to which the new authority can establish legal and institutional frameworks that guarantee the protection of fundamental rights and freedoms and ensure that everyone, without exception, is subject to the rule of law.

In the current Syrian reality, which is witnessing profound political and institutional transformations, a fundamental dilemma arises concerning the extent to which the transitional phase can overcome the legacy of violations without falling into new forms of exclusion in the administration of justice.

The legitimacy of any authority is not derived solely from the circumstances of its establishment, but is strengthened by its commitment to the principles of the rule of law and equality before it, the preservation of human dignity, and the guarantee against the recurrence of violations.

From this perspective, the current phase places the Syrian state before a crucial legal and moral imperative: to shift from the logic of power to the logic of the state, and from justice as a demand for retribution to justice as a guarantee of societal stability and the protection of the rights of its members.

To address this issue objectively from a legal perspective, it is essential to examine its most prominent aspects through the following points:

First:

Political transition does not necessarily mean a transition to the rule of law. While political transition constitutes a crucial step in the national transformation process, it is not, in itself, a sufficient guarantee for the establishment of the rule of law. The essence of true transformation lies in the extent to which power is subject to legal rules, the consolidation of the principle of legitimacy, and the guarantee of judicial independence and the protection of public rights and freedoms.

From this standpoint, several considerations emerge that confirm that political transition is not necessarily linked to the realization of the rule of law. The most prominent of these are:

• The continued concentration of power and the absence of effective oversight: A change in political power is insufficient to guarantee its subjection to the law unless independent oversight mechanisms are established to prevent the monopolization of decision-making.
• The weakness of judicial independence: The independence of the judiciary is a fundamental condition for establishing the rule of law, as justice cannot be achieved when the judiciary is subject to political or executive influence.
• The absence or weakness of constitutional guarantees for rights and freedoms means that a political transition cannot acquire a truly legal character unless the fundamental rights of individuals are enshrined in clear constitutional provisions and effective mechanisms for their protection.
• The continued prevalence of impunity, and the lack of accountability for violations committed before or after the transitional period, undermines trust in state institutions and weakens the principle of equality before the law.
• The weakness of institutions and the erosion of the principle of separation of powers mean that building a state of law requires independent and balanced institutions that exercise their powers in accordance with the law, free from undue influence or interference.
• The failure to establish the principle of equality before the law means that any discrimination in the application of legal rules based on affiliation, influence, or political stance empties the state of the true meaning of the rule of law.
• The absence of genuine political participation means that a political transition is not considered legally and democratically complete unless citizens are empowered to participate in decision-making and freely exercise their political rights.
• The failure to complete legislative and institutional reform means that the continued application of legislation inconsistent with the principles of rights and freedoms or with the requirements of this new phase could hinder a genuine transition to the rule of law.

Second:

Transitional Justice: Between Redressing Victims and the Risks of Revenge: Transitional justice constitutes one of the fundamental pillars in the process of transitioning from a phase of tyranny and violations to one of building a state based on the rule of law and respect for human rights. It aims to provide redress for victims, uncover the truth, hold those responsible for violations accountable, and compensate those affected. However, its implementation faces a fundamental challenge: the need to balance the requirements of justice with the risks of sliding into revenge or collective punishment. This necessitates adopting an objective legal approach that ensures accountability within the framework of legitimacy and protects rights and freedoms without discrimination. This can be achieved through a set of fundamental principles:

• The necessity of holding perpetrators of violations accountable through fair judicial procedures.
• Uncovering the truth about the missing and detained.
• Providing redress to victims and their families.
• Rejecting selective justice that holds one party accountable while ignoring another.
• Distinguishing between justice and revenge.

Third:

The events in the coastal region and Suwaida, and the test of civilian protection: The state’s ability to protect civilians, especially during times of tension, is the true measure of its commitment to the principles of the rule of law. The events witnessed in the Syrian coastal region and Suwaida are among the most prominent tests the Syrian state has faced during the transitional phase, given their grave humanitarian and human rights repercussions and the challenges they revealed regarding the ability of official institutions to guarantee the security of citizens and safeguard their rights and freedoms without discrimination. These events have revived the issue of civilian protection as a legal and moral obligation incumbent upon the state, not merely a security measure imposed by exceptional circumstances.

From this perspective, evaluating these events necessitates addressing a number of fundamental legal and human rights issues, most notably:

• The necessity of an independent and transparent investigation into the violations.
• The responsibility of the authorities to prevent attacks and hold perpetrators accountable.
• The danger of transforming sectarian affiliations into the basis for rights and accountability.
• Protecting all Syrians without discrimination.

Fourth:

Syrian Pluralism: Between Recognizing Components and Consolidating Citizenship: Societal pluralism in Syria constitutes one of the fundamental features of national identity, given the ethnic, religious, and cultural diversity that characterizes Syrian society. This makes managing this diversity a national and legal responsibility that necessitates establishing a comprehensive framework based on recognizing the rights of different components and preserving their particularities. This, without compromising national unity or entrenching societal divisions. In this context, equal citizenship emerges as the legal foundation for consolidating national belonging and ensuring that all citizens enjoy their rights and bear their duties equally, free from any form of discrimination or exclusion.

This necessitates addressing a number of fundamental principles, including:

• Recognizing religious, sectarian, and ethnic diversity as a national reality.
• Rejecting exclusion and marginalization based on identity.
• Guaranteeing equality before the law.
• Ensuring that every Syrian feels represented and protected by the state.

Fifth:

Freedom of Expression and Political Participation in the New State: Freedom of expression and political participation are essential pillars for building a modern democratic state, as they represent a fundamental aspect of respecting the popular will and strengthening societal oversight of the performance of public authorities. In the context of the political transition underway in Syria, the need arises to enshrine these rights within a constitutional and legal framework that guarantees their effective exercise and prevents their restriction or infringement under any pretext. This contributes to building a political system based on pluralism, respect for differing opinions, and enhanced participation in national decision-making. This is manifested through a number of fundamental pillars, most notably:

• The importance of freedom of opinion and criticism in state-building.
• The role of political parties in representing society.
• The necessity of a law governing political parties that guarantees political pluralism.
• Political criticism should not be considered a threat to stability.
• The importance of societal oversight of the government’s performance.

Sixth:

Challenges to Building a State of Institutions: Despite the opportunities the current phase presents for rebuilding the Syrian state on sound legal and institutional foundations, this path is not without a number of challenges and obstacles that may hinder the establishment of a state of institutions and the consolidation of the rule of law. This necessitates examining the most prominent of these challenges, which are as follows:

• The weakness or absence of institutions.
• The spread of corruption.
• Economic and social challenges.
• The need to build a robust public administration.
• The necessity of the separation of powers.
• Establishing a legal culture within both society and the government.

Seventh:

From the legitimacy of the revolution to the legitimacy of the state: The transition from the legitimacy of the revolution to the legitimacy of the state represents the core of the political and legal transformation in Syria. It is no longer sufficient for the government to derive its legitimacy solely from its role in ending the old regime. Rather, it has become imperative for the government to establish this legitimacy on respect for the rule of law, guaranteeing rights and freedoms, and ensuring accountability.

A state governed by the rule of law is not measured solely by the legitimacy of its establishment, but also by the extent of its adherence to the rules that govern its powers and protect its citizens from abuse. Therefore, the true challenge facing Syria today lies in transforming the revolution’s demands for freedom and justice into sustainable constitutional and institutional guarantees that ensure political change does not simply reproduce tyranny in new forms.

Eighth:

The Legal Office’s Vision and Recommendations: The Legal Office’s vision is to contribute to building a democratic Syrian state based on the rule of law, respect for human rights and fundamental freedoms, and the consolidation of the principle of equal citizenship without discrimination. It also aims to strengthen the independence of the judiciary and guarantee justice, thereby ensuring the preservation of the dignity of the Syrian people and achieving transitional justice in accordance with legal and human rights standards. This will guarantee the non-recurrence of violations and the building of a future based on equity and accountability.

Recommendations of the Legal Office in the Syrian Future Movement:

• Establishing the rule of law and emphasizing the necessity for all authorities and individuals to be subject to the law, and strengthening its role in protecting rights and freedoms.
• Strengthening the protection of human rights by adopting a comprehensive human rights approach that guarantees the protection of the civil, political, economic, and social rights of all Syrians without discrimination.
• Activating the transitional justice process by supporting transitional justice mechanisms to ensure the disclosure of the truth, holding those responsible for violations accountable, providing reparations to victims, and achieving societal reconciliation without compromising rights.
• Promoting the principle of equal citizenship by rejecting all forms of discrimination based on religious, sectarian, national, or political affiliation, and establishing the concept of citizenship as the foundation of rights and duties.
• Supporting legislative reform by reviewing and developing existing legislation in accordance with human rights principles and international legal standards, and in line with the requirements of the transitional phase.
• Strengthening public freedoms by guaranteeing freedom of expression, opinion, political organization, and participation in public life within a legal framework that protects rights and preserves pluralism.
• Enhancing legal awareness by launching awareness programs targeting Syrian society to inform individuals of their rights and duties and the mechanisms for accessing justice.
• Strengthening the role of the Legal Office by developing its work through the preparation of legal studies and research, the submission of legislative proposals, and the issuance of legal position papers on current national issues.
• The Legal Office recommends adopting a legal and rights-based approach as the foundation for addressing national issues, given that state-building is not achieved merely through political transition, but rather through establishing an institutional system based on the rule of law, accountability, respect for rights and freedoms, and guaranteeing equality before the law. This strengthens trust between citizens and state institutions and lays the groundwork for sustainable peace.

Conclusion:

Based on the foregoing, building the Syrian state on solid legal and institutional foundations requires adherence to the principle of the rule of law as the essential guarantee against the abuse of power and the protection of public rights and freedoms. It also necessitates establishing a comprehensive constitutional framework that prioritizes the separation of powers, the independence of the judiciary, equality before the law, and the enshrining of the principle of accountability and non-impunity. In this context, the current stage necessitates a shift from temporary political solutions to sustainable legal solutions that guarantee the establishment of a just and lasting state. Institutional decisions safeguard the legitimate rights of individuals.

The rule of law is not merely a regulatory framework for the exercise of power, but a system of binding guarantees that subject both the ruler and the ruled to the provisions of the law, and establishes a legitimacy based on respect for rights and the achievement of justice.