Geneva - Achieving civil peace and ensuring sustainable security in Syria after the fall of President Bashar al-Assad's regime requires adopting a transitional justice approach, strengthening the rule of law, and organising free and fair elections that lead to the formation of a legitimate government. These steps are essential for recovery and for preventing chaos or acts of revenge, particularly in light of the governance vacuum and fragility resulting from years of war and internal conflicts, alongside the widespread impunity.
Syria is at a critical juncture that demands collective efforts to ensure the rule of law, enhance security, and deliver justice for victims who have endured decades of systematic repression and severe human rights violations. These measures represent the cornerstone for building a sustainable future for the country, grounded in justice, accountability, and respect for fundamental rights and freedoms.
Recent developments in Syria have seen some villages and towns experience violations and practices targeting residents and their properties. These transgressions prompted dignitaries from cities and rural areas along the coast to issue an appeal to the new leadership on 17 December, calling for an immediate end to such actions, which risk inciting sectarian tensions and threatening civil peace.
Respect for human rights and the protection of civilians across Syria are imperative. Any violations or abuses, whether individual or systematic and regardless of the perpetrator, constitute breaches of international laws that remain applicable at all times and under all circumstances. Such actions fuel tensions and undermine stability.
A comprehensive review of Syria's laws, particularly the Penal Code and the Code of Criminal Procedure, is essential, with amendments needed to align them with international human rights standards. Judicial and security system reforms are also necessary, alongside measures to enhance citizens' rights by lifting restrictions on association, freedom of opinion and expression, and ensuring the right to peaceful assembly in accordance with international standards.
Transitional justice must be established in Syria, with the transitional government bearing responsibility for promoting stability and preventing chaos. This requires urgent measures to strengthen internal security, protect civilians, and safeguard public and private properties until free and fair elections are conducted nationwide. These elections are critical to paving the way for the formation of an elected government tasked with completing the transitional justice process by implementing accountability mechanisms and addressing the consequences of past violations.
Coordination between the transitional government and the elected government is crucial to ensuring justice and protecting victims' rights, thereby building a stable and fair future for Syria.
The transitional government holds the responsibility of laying the initial groundwork for justice by strengthening the rule of law and stability. Subsequently, the elected government plays a vital role in completing this process over the long term by enhancing accountability for past violations, regardless of the perpetrator, protecting victims' rights, rebuilding judicial and security institutions, and developing effective mechanisms for national reconciliation, all while adhering to international human rights standards.
Euro-Med Human Rights Monitor calls for strengthening the independence of judicial bodies to prosecute those responsible for crimes and violations committed in past years. It stresses the importance of preventing impunity and avoiding the recurrence of such violations in the future. Efforts must focus on building a democratic state based on equality, respect for human rights, and fundamental freedoms, particularly the right to justice and fair trial.
Euro-Med Monitor further urges the establishment of a national transitional justice committee to document violations, provide psychological and social support to victims, and foster social reconciliation. It emphasises the need for this committee to include broad representation from all segments of Syrian society to ensure comprehensive justice, create a healing environment for all parties involved, and promote national unity.
Achieving transitional justice in Syria is both a legal and moral imperative to ensure the peaceful transfer of power to a legitimate, elected government and to rebuild trust between the state and all segments of society. All national and international parties must provide the necessary support to achieve these goals and build a better future for all Syrians.
