The downfall of Syria’s 54-year Assad regime has exposed numerous dark revelations, including the emptying of prisons and the discovery of torture instruments used on peaceful protesters and government opponents. Official documents reveal thousands of detainees, while morgues and mass graves contain the remains of many victims, with countless others still unaccounted for.
In response to these atrocities, Syrians are seeking justice. The rebel group that recently overthrew President Bashar al-Assad has committed to pursuing and prosecuting senior regime officials for crimes such as murder, wrongful imprisonment, torture, and the use of chemical weapons against civilians. Ayman Asfari, chairman of Madaniya, a coalition of Syrian human rights organizations, emphasized that justice is crucial for the closure of this tumultuous era.
However, achieving accountability will be challenging in a nation as fractured and devastated as Syria. Previous experiences in other Arab nations, such as Egypt, Iraq, and Tunisia, underscore the difficulties in securing lasting justice following regime changes. Syria’s new leadership, primarily from the Sunni Muslim majority, faces the risk of exacerbating sectarian tensions when prosecuting members of the former regime, which was predominantly Alawite.
For years, the justice system served as a tool for the Assad regime, rendering it ill-equipped to address the extensive human rights violations that have occurred. The sheer number of individuals potentially implicated complicates the prosecution process, and after years of conflict, the new authorities will also need to address the country’s significant damage and humanitarian crises.
Currently, 90% of Syrians live in poverty, and many cities have been left in ruins. Tens of thousands remain unjustly imprisoned, and hundreds of thousands have lost their lives in the conflict. Nerma Jelacic from the Commission for International Justice and Accountability stated that establishing a viable accountability process will require time and extensive public discourse.
Despite the challenges, there is immense pressure on the transitional authorities to initiate accountability measures. Ahmed al-Shara, the de facto leader, has expressed a commitment to holding accountable those involved in the torture of Syrians, promising a forthcoming list of implicated officials.
However, locating and prosecuting these individuals may prove difficult, particularly as many have found refuge outside of Syria, including in Russia. Human rights groups in exile have been collecting evidence for potential prosecutions in other jurisdictions, hoping for future actions within Syria itself.
Fernando Travesà of the International Center for Transitional Justice cautioned that before commencing prosecutions, the new government must first build public trust by addressing citizens' needs. This approach aims to avoid the pitfalls experienced by Tunisia, where economic stagnation led to disillusionment with the democratic process.
To foster a sense of legitimacy, the transitional government must focus on essential services, such as aiding returning refugees, addressing property disputes, and ensuring basic utilities. Furthermore, it is crucial to avoid perceptions of biased accountability efforts, as seen in Iraq following the overthrow of Saddam Hussein.
Authorities have indicated their awareness of these complexities, promising to respect minority rights and offering amnesty to rank-and-file soldiers from the former regime. However, any prosecution must be fair to prevent perceptions of vendetta and to promote reconciliation within society.
Challenges are compounded by the loss of critical evidence, with many documents vital for prosecution damaged or destroyed in the aftermath of the regime's collapse. Wartime sanctions also hinder efforts to gather and safeguard evidence necessary for future trials.
Experts advocate for a comprehensive approach to justice, calling for a broader truth-telling process to address the systemic repression experienced under the Assad regime. They suggest a model similar to South Africa’s Truth and Reconciliation Commission, which sought to heal the nation through acknowledgment and reparations.
Before starting trials, experts recommend overhauling Syria’s legal systems and establishing a framework for handling human rights violations, potentially creating special tribunals for serious offenses. Additionally, resolving the fate of approximately 136,000 missing persons and identifying bodies from mass graves is of immediate concern.
However, the urgency for justice is paramount, as delays may provoke vigilantism and exacerbate sectarian tensions. Reports of revenge killings and targeted threats against minority groups associated with the former regime have already surfaced, underscoring the necessity for timely and fair accountability measures.
The situation in Tunisia serves as a cautionary tale, where delays in justice contributed to public disillusionment with the democratic transition. As advocates stress, a genuine reconciliation process is essential for sustainable peace and rebuilding trust in governance.