Syria’s Judicial Proceedings: A Complex Step Amidst Post-Conflict Realities

In a Damascus courtroom on Sunday, the trial of a former official from the previous Syrian government unfolded, drawing attention to the persistent demands for justice from families affected by the years of unrest. While some view this as a beginning, it has also sparked questions regarding the resolve of Syria’s current authorities to hold all perpetrators accountable amidst the nation’s ongoing challenges.

Inside the Palace of Justice, where Atef Najib, the former head of the Political Security intelligence agency in Deraa, faced charges of “crimes against the Syrian nation,” chants of “People want to hang Atef Najib!” echoed from the crowd.

Other voices within the crowd proclaimed, “Signs of victory have arrived from Houran,” a slogan associated with the 2011 unrest in Deraa, which regrettably escalated into a protracted civil conflict. This region, surrounding Deraa, was where anti-government protests initially emerged before spiraling into a devastating civil war.

Families seeking redress for past grievances gathered in the courtroom, awaiting Najib, a relative of former President Bashar al-Assad, to appear before the judges. This proceeding marked the inaugural trial in a court specifically designated for such matters, highlighting a new phase in Syria’s judicial landscape.

One mother sat quietly, tears streaming down her face, as others around her chanted “death and no humiliation” – another slogan from the period of unrest – and “Syria for us and not for the Assad regime.” Another woman behind her quietly wiped away her own tears, reflecting the deep emotional toll of the past decade.

For many families, this moment represented a significant step towards perceived justice, offering a sense of peace for relatives lost during the tumultuous period.

Najib entered the courtroom dressed in a black-and-white prison uniform, taking his place behind bars as the families observed. He is being prosecuted for alleged crimes committed against the people of Deraa during the initial unrest. These events began after security forces reportedly cracked down violently on protesters who took to the streets following the arrest and alleged torture of several boys for writing anti-government graffiti, inspired by the so-called “Arab Spring” movements.

Reports indicate that Najib allegedly met with representatives of the boys’ families at the time, making controversial remarks such as: “Forget your children. If you want children, make more children. If you don’t know how, bring us your women and we will make them for you.”

Historically, the Palace of Justice witnessed the prosecution of activists and protesters, with some facing severe sentences following trials that raised concerns about fairness. Now, in a notable turn of events, former officials find themselves on trial in the very same venue, underscoring the complex evolution of Syria’s legal system.

Nuha al-Masri, a 54-year-old lawyer from Deraa, was among those who filed a case against Najib and was present in court to witness the proceedings. Masri’s brother was reportedly killed when Najib ordered security forces to address protests in March 2011.

“I felt that today we started to get justice. It tells everyone that no-one is exempt from justice. It was a dream to see a regime member behind bars,” she stated, reflecting a widespread sentiment among those seeking accountability.

However, while Najib’s trial is seen as a milestone by many families, there are those who criticize it as a potentially superficial display aimed at appeasing the public rather than genuinely reforming the justice system.

Anwar al-Bunni, a Syrian human rights lawyer and head of the Syrian Centre for Legal Studies and Research, voiced strong reservations. He played a key role in gathering evidence for the trial of former Syrian colonel Anwar Raslan in Germany (2020-2022), a landmark case that resulted in Raslan’s life sentence for crimes against humanity, including the murder of 58 people and torture of over 4,000.

“Syrian law has no legislation [for prosecuting] war crimes and crimes against humanity,” he told the BBC, expressing concern that “They are ridiculing his [Najib’s] crimes and ridiculing the victims with this trial.”

Al-Bunni further argued, “This should have been done when there is a law passed by the parliament for war crimes and conducted by a different body like the Commission for Transitional Justice, but not with this court with no experienced judges.” This perspective highlights the debate over the appropriate legal framework for such complex cases.

Zahra Barazi, vice-president of the National Commission for Transitional Justice, established in 2025 to address past abuses, affirmed their close collaboration with the ministry of justice on the case. “We drafted a Transitional Justice law to ensure that in the future once the law is passed by the parliament, new charges of crimes against humanity and war crimes will be added to the charges,” she explained. She added, “The court itself is a specialised court with specialised Transitional Justice judges,” indicating efforts to professionalize the process.

Syria’s interim administration, which has adopted an Islamist orientation, has proceeded with the arrest of several individuals associated with the previous government. The most recent notable arrest was Amjad Youssef, a key suspect in the Tadamon massacre in 2013, where 41 civilians were reportedly blindfolded, shot dead, and thrown into a pit.

However, the approach of the current authorities in addressing those from the former administration accused of serious crimes continues to draw considerable scrutiny and criticism. For instance, Fadi Saqr, a former commander of a militia previously aligned with the Assad government, despite being linked to incidents such as the Tadamon killings, is now reportedly collaborating with the civil peace commission established by the current administration. This situation has fueled concerns among observers regarding the consistency of accountability and the potential for selective justice.

Nevertheless, for those who have suffered from past events, the commencement of this trial offers a degree of closure and a glimmer of hope that a path towards addressing grievances may finally be unfolding, even as the nation grapples with its complex journey towards stability and reconciliation.

Additional reporting from Lana Antaki in Damascus

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