Damascus: A Syrian court has sentenced former President Bashar al-Assad, his brother Maher, and six other former government figures to death for crimes including murder, torture, abduction, unlawful deprivation of liberty, crimes against humanity, and war crimes.
According to Anadolu Agency, the Fourth Criminal Court in the capital Damascus delivered the judgment following a trial that began on April 26. Atef Najib, the former head of the Political Security branch in the key southwestern city of Daraa, was the only defendant in custody and present in court. The other seven were tried in absentia.
The court stated that the 396-page decision was based on witness testimony, statements from victims, official documents, medical reports, audio and visual evidence, and reports compiled by international organizations. A redacted version is expected to be released by the Justice Ministry after the identities of protected witnesses are removed. This verdict marks the first Syrian judgment holding Assad and his former leadership responsible for the crackdown that began in Daraa in 2011 and the associated violence.
The court imposed death sentences on Bashar al-Assad, Maher al-Assad, and six other former officials. They were convicted of multiple crimes, including intentional murder, killings accompanied by torture, incitement to murder, and unlawful deprivation of liberty. The offenses were classified as domestic crimes, crimes against humanity, and war crimes. Najib was also convicted of financial crimes and inciting sectarian tensions.
The events in Daraa, where security forces detained young students and opened fire on protesters, were central to the case. The unrest escalated into a nationwide conflict, eventually involving multiple factions and foreign powers. The court used mid-July 2012 as the point at which the violence legally became a non-international armed conflict, allowing for classification as war crimes.
Under Syrian law, defendants can be tried in absentia if they fail to appear after being summoned. The judgment against the fugitives can be annulled if they are arrested or voluntarily surrender, allowing for a fresh trial in their presence. Assad and other fugitives face arrest warrants, but extradition remains unlikely, particularly due to Russia's asylum for Assad and the political complexities involved.
Najib, already in custody, can challenge his judgment before the Court of Cassation. Even if his sentence becomes final, it requires review by the Special Pardon Committee and presidential approval. The rulings could lay the groundwork for further prosecutions, but the extent of accountability for crimes during Syria's civil war remains uncertain.
The judgment could facilitate future cases, though the broader transitional justice process in Syria is fraught with legal and political challenges. A National Commission for Transitional Justice was established, and authorities are developing a transitional justice law. The Syria Justice and Accountability Centre criticized the trial's proceedings, but the Justice Ministry defended the process. Whether the ruling initiates meaningful accountability will depend on various factors, including independent courts and effective defense rights.