Initial Justice Recommendations for Syria’s Interim President

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Since the departure of Bashar al-Assad on December 8, demands for justice have arisen from Syrians and the international community alike. Most suggest that the process be Syrian-led and inclusive, but these recommendations require further elaboration. The design of Syria’s transitional justice process will not happen overnight and will need to be balanced with pressing needs to maintain basic government services and address the humanitarian crisis. With this in mind, SJAC is putting forth a list of short-term recommendations that the caretaker Syrian government led by President al-Sharra should seek to implement in the coming months ahead of a National Dialogue. These steps will ensure that the caretaker government lays the foundations for a more comprehensive justice process during this transition period. SJAC is hopeful that larger questions regarding the design and implementation of a transitional justice process can be tackled during the upcoming National Dialogue.

The caretaker government will need extensive aid and international support to succeed and as a result is motivated to seek acceptance on the international stage. States should make clear that re-entrance to the international community, including the full lifting of sanctions, receipt of reconstruction aid, and technical international expertise, will be predicated on a meaningful transition process, including laying the groundwork for holistic justice.

Missing Persons

The enforced disappearance of tens of thousands of people has been a defining feature of the Syrian conflict, and the decades of authoritarian rule that came before it.? While the remaining detainees in Assad’s prisons have now been freed, many families have still not heard word from their loved ones. A comprehensive missing persons process will be necessary to identify the fates and whereabouts of the upwards of 100,000 people who remain missing.

Such a process will require immense financial support and years of effort by forensic and investigative specialists, and progress will not come quickly. While launching investigations will not be a first priority for a caretaker government facing a humanitarian crisis and a myriad of other priorities, there are still steps that Al Sharaa and his government can take immediately to lay the groundwork for future progress.

The government should take the following actions:

• Preserve mass graves throughout the country by guarding sites where there have been reports of tampering and providing clear communication to communities about the importance of preservation. The tampering or ad hoc exhumations of graves without appropriate preparation or forensic expertise will damage evidence and decrease the probability of future identification of remains. The government should not approve any exhumations until a comprehensive forensic strategy, as part of a national missing persons process, is in place.
• Secure detention facilities and related military and security branches. The physical documents at these sites will be key to future investigations and need to be preserved for analysis. The sites should also be protected from physical changes (such as painting walls) until they are thoroughly investigated. Some sites may contain evidence, such as the names of prisoners etched on walls.
• Al Sharaa himself, as well as high level government officials, should continue to meet directly with families of the missing, as he did in late January. If families do not have trust in the government’s ability or willingness to search for their loved ones, an identification process will never succeed.
• High-level officials should also continue to meet with the UN Independent Institution on Missing Persons (UN IIMP) as well as relevant Syrian civil society organizations, to have initial discussions about the prospects for missing persons processes. The interim government should ensure that UN IIMP staff have the right to travel freely to Syria and operate throughout the country. While ultimately the process must be Syrian-led, the government will need extensive international resources, as well as specialized forensic expertise, to succeed, all of which the IIMP could take a role in securing.
• Appoint an official within the Ministry of Justice to act as the point of contact for missing persons efforts during the transition period. Before the advent of official investigations, such an official can begin building relationships with families to understand their needs and priorities, as well as various international and civil society organizations likely to be involved in future investigations.

Criminal Accountability

A successful transition in Syria is contingent upon addressing the grievances of Syrians from decades of Assad rule. Only a meaningful justice process, inclusive of victims and respectful of fundamental due process, will be conducive to ascertaining the truth and breaking the cycle of abuse.

The government should take the following actions:

• Speak out against, investigate, and prosecute those responsible for alleged reprisal killings and other violence against perceived enemies in the absence of a judicial process.
• Until a new lawmaking body can be properly established, enforce the Syrian penal code and criminal procedural code, including by prosecuting acts of torture.
• Clarify that existing ‘amnesties’ are in place during the caretaker government transition only. A final decision about who is eligible for amnesty should only be made during a participatory process, such as the upcoming National Dialogue. Providing clarity that a more comprehensive process is forthcoming can allay fears of impunity and reduce revenge killings.
• Short of becoming a State Party to the Rome Statute, follow the example of Ukraine by filing a declaration with the International Criminal Court accepting the jurisdiction of the court to investigate and prosecute crimes committed by the Assad government from 2011 to 2024. Assad and his top lieutenants should be tried by the ICC to avoid the destabilizing impact of returning them to Syria.

Vetting & Lustration ?

Ahead of the National Dialogue, the interim government should refrain from ad-hoc firing of government employees and focus on ensuring that the government maintains the expertise it needs to continue to function and provide basic services. In some cases, the interim government has already conducted mass layoffs. These individuals should be reinstated for the interim period to ensure the government continues to function and avoid the destabilizing effect of sudden unemployment.?

During a National Dialogue process, participants can consider the creation of a committee to oversee a vetting and lustration process. If undertaken, vetting and lustration should be based on documentation of individual wrongdoing, corruption, or other legitimate reasons to exclude a person from public office and must include an opportunity for appeal.

Disarmament, Demobilization, and Reintegration (DDR)

The interim government should secure the peace by entering into negotiations with the remaining active militias in Syria and enter into a Disarmament, Demobilization, and Reintegration (DDR) agreement. The international community should support the DDR effort by providing housing and job training to former militia members, as part of larger relief programs that integrate a diverse array of Syrians. External mediators from the UN or the Arab League should also take part.?

Collaboration with the United Nations

While transitional justice processes should ultimately be Syrian-led and, whenever possible, happen inside the country, Syrians will need international expertise to launch these processes and develop the necessary capacity. To this end, the interim government should provide unhindered access, including approval to establish offices inside Syria, to relevant UN mechanisms. These should include the UN IIIM, IIMP, COI, OHCHR, and the OPCW.

The UN should likewise ensure that these mechanisms are authorized to establish a presence inside Syria. In the case of the IIIM and the IIMP, the General Assembly should consider amending the terms of reference to allow the mechanisms to take on a capacity building role.

An Inclusive National Dialogue

A successful National Dialogue should be transparent, sponsored and organized by the United Nations, and inclusive of Syrians of all backgrounds, ethnicities and religious groups. Such a Dialogue must include political parties, provide space for victims to express their needs and demands, and allow civil society to meaningfully participate and offer expertise. For the time being, the Caretaker Government should focus on:

• Openly share updates on the preparation for the national dialogue, including the preparatory committee members inclusive and representative of all Syrians.
• Provide a list of topics to be discussed in the national dialogue and open the possibility for written submissions from political parties, civil society, and family and victim associations regarding the proposed topics.
• Engage with Syrian judges, lawyers and constitutional law experts to prepare an interim constitutional declaration that provides a legal framework until a new constitution is voted in a new parliament.
• Openly discuss transitional justice plans and discuss mid-term actions to engage in a meaningful justice process.

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