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Press Release
Damascus – The Syrian Network for Human Rights (SNHR) has issued an analytical report titled ” The Legal and Moral Necessity of Excluding Criminals from State Institutions during the Transitional Phase in Syria,” which addresses the importance of institutional reform as a fundamental pillar of the transitional justice process. The report emphasizes that excluding individuals implicated in gross human rights violations is not a selective political decision, but rather a legal and moral necessity aimed at preventing the recurrence of crimes and restoring citizens’ confidence in state institutions.
Administrative Exclusion of Those Involved Ensures the Principle of Non-repetition
The report begins at the critical juncture Syria is experiencing following the fall of the regime on December 8, 2024, and the formation of a transitional government. It emphasizes that transitional justice cannot be achieved in an environment that maintains the structures and figures that entrenched tyranny and participated in violations. It also explains that any attempt to rebuild the state on a new basis, without genuine accountability and purges, will remain superficial and vulnerable to collapse, heralding a new cycle of impunity and retaliation.
The report emphasizes that the administrative removal of those involved is not retaliation, but rather an embodiment of the “guarantee of non-repetition” principle enshrined in international human rights law. It asserts that disregarding the requirement to purge state institutions of those involved in grave violations would undermine the transition process and allow impunity to permeate future state institutions.
Structural Complicity Within State Apparatuses
The report demonstrates that the Assad regime has used state institutions, from the judiciary to the media to the army, as tools of repression rather than institutions serving the citizenry. The report examines the levels of structural complicity that enabled these violations, beginning with senior security leaders, through judges who legitimized the repression, and extending to administrative, technical, and intellectual employees who provided cover for the repressive practices.
According to SNHR’s database:
- At least 202,021 civilians were killed.
- Approximately 160,123 cases of arbitrary detention and enforced disappearance were recorded.
- At least 45,031 people died under torture.
- 217 chemical attacks, 254 cluster munition attacks, and 81,954 barrel bombs were carried out.
- More than 13.8 million Syrians were displaced inside and outside the country.
The report highlights that these violations were not the result of isolated individual decisions, but rather the result of organized collusion within state agencies, including:
- Members of the security services and militias.
- Judges, lawyers, and legislators.
- Civil servants and administrative officials.
- Economic, cultural, and artistic figures who provided media and social cover for the regime.
SNHR documented the involvement of 16,200 individuals in these violations, including security and military leaders, judges, members of allied militias, and pro-regime media and economic figures.
The Legal and International Basis for Administrative Cleansing
The report emphasizes that excluding those implicated in violations from state institutions is not a retaliatory measure, but rather a legal and moral necessity based on established principles of international human rights law and at the heart of transitional justice, particularly the principle of “guarantees of non-repetition.”
The report cites rulings by the European Court and the Inter-American Court of Human Rights, which have recognized the legitimacy of institutional purges, provided they are carried out in accordance with clear legal standards and guarantees of fair justice.
It also demonstrates that retaining those involved in violations within state institutions represents a stab in the back for the victims of these violations and opens the door to their recurrence, thus perpetuating a culture of impunity.
A Graded Model of Administrative Exclusion: Between Justice and Realism
The report proposes a practical framework for purging and auditing the state’s administrative apparatus, based on dividing levels of complicity into three main categories:
- Level 1: Permanent and mandatory exclusion
Includes senior commanders directly implicated in serious violations.
- Level 2: Presumptive exclusion with the possibility of appeal
Includes those who authorized or justified violations, or were indirectly involved in them.
- Level 3: Individual review
Includes lower-ranking personnel not directly implicated, with the possibility of reintegration under strict conditions.
The report emphasizes the need to distinguish between criminal accountability and administrative auditing, as the latter focuses on restoring the legitimacy of state institutions, not imposing criminal penalties on individuals.
Among the report’s key conclusions
The report argues that excluding individuals involved in, or who have contributed to justifying, human rights violations is a legal and moral obligation rooted in the principle of “guarantees of non-repetition.” This measure is not limited to its legal dimension; it is a necessary practical step to dismantle the culture of impunity, rebuild the state’s legitimacy, restore citizens’ trust, and establish a new social contract between the state and society.
SNHR’s Main Recommendations
- Enacting a special law for job purification and auditing:
The next legislative council should work on a vetting and cleansing law based on the fundamental principles addressed in this report, including:
- Individual assessment;
- Due process;
- Institutional independence;
- The principle of proportionality;
- A tiered framework for assessing complicity.
- Involving civil society and victims’ groups in drafting and implementing the law:
Independent civil society organizations and victims’ groups should be genuine partners in all stages of the transitional justice process, particularly in:
- Preparing a draft law;
- Forming oversight and follow-up committees;
- Monitoring the implementation of the law and ensuring the integrity of procedures.
- Launching a national awareness campaign on transitional justice and institutional cleansing:
The proposed law should be submitted for public discussion, and citizens and human rights organizations should be given the opportunity to submit their comments, in order to enhance transparency and build national consensus.
- Utilizing the Syrian Network for Human Rights’ database:
The Network has a documented database of thousands of individuals implicated in violations within the Assad regime, enabling it to be used to evaluate job applications and make informed decisions regarding exclusion or conditional inclusion.
- Launching a national awareness campaign on transitional justice and institutional cleansing:
The campaign aims to highlight the importance of these measures as a path to achieving justice, not a means of revenge, while highlighting their role in:
- Strengthening public confidence in the new state institutions;
- Building broad national support for the reform process;
- Establishing a culture of respect for human rights.
The Syrian Network for Human Rights emphasizes that the success of the transitional phase in Syria depends on dismantling the legacy of political and institutional tyranny. Transitional justice is not limited to trials or compensation for victims, but rather includes a comprehensive restructuring of values, practices, and institutions.
It warns that maintaining the perpetrators in positions of power poses not only a threat to the victims but also a danger to the future of Syria as a whole.
