Syria: Land of Impunity
Is it what happening in Syria of using all types of weapons, including weapons of mass destruction “Chemical weapon”, against civilians, and the committing the most heinous crimes, and collective massacres, is the regime’s response to the demands of changing it and bringing it down ?
Is it possible to consider that the regime only overused force when he used all these atrocities, and used military troops with their heavy weapons, and killed citizens, mutilated their bodies in public, and published all the details of the killings and revenge in cold blood, in response to popular demands of primary school students who wrote on the walls of their school that it is the time for the regime to leave?
What are the reasons for the regime to use all these atrocities, and committing all these crimes, and massacres, publicly, in front of the cameras? Everything not archived by the opposition is published by regime intelligence to spread terror and fear in the hearts of the citizens, neither of the regime criminals committed these crimes doubt that it will be accountable for these crimes?
Hafez al-Assad has established, since taking over the power in 1971, integrated legal ground to make Syria the land of impunity for various criminals and perpetrators of crimes against humanity in Syria and the world. And reinforced by his son Bashar with other laws to confirm the deployment of a broader protection for criminals.
It began with the constitution of 1972, which made by Hafez al-Assad to fit him as a dictator; In addition to the broad powers of unrestricted granted for himself as president, and presided over the executive and the judiciary authority, and the right to legislate, he granted himself the protection and immunity from prosecution and punishment under Article 91 of the Constitution which says:
“Article 91″:”President of the Republic shall not be liable for the actions carried out by the direct duties except in the case of high treason
The accused will be asked on the proposal of one-third of the members of the People’s Assembly at least a resolution of Parliament
A public vote of two-thirds of the members of the Council and the majority of the special session is confidential and is being tried only in The Supreme Constitutional court. ”
And where it does not exist in the Penal Code which provides for the offense of high treason, the Article 29of the Constitution came:
“Article: 29 there is no crime or punishment except as determined by law.”
In practice, this means that the president will not be punished for any offense committed by whatever this offense. With all this Constitution had arranged an additional protection for the president in the case he was charged with the offense of high treason, Interview on condition that
Referral only be issued by the Parliament, “which the president has essentially half the text of the Constitution as commander of the state’s decision
And society ” Two-thirds majority and specify that the Supreme Constitutional Court alone is competent to stand trial for him, If we know that
The articles of the Constitution, which stipulates that the creation of the Supreme Constitutional Court and the president alone has given the power to nominate its members without any restrictions or objections for a period of only four years, While the extension of the mandate of President for seven years, which Means that the president is the one who chooses the members of the body that will try him. Is there more than this protection?
No crime and punishment, without legal text”
Which means practically not to punish the president of the republic to any offense committed by him whatever this offense?
With all that Constitution gave additional protection to the president if he has been charged with the offense of high treason, which is requires the Parliament approval “the president has essentially half the parliament members according to the Constitution as a supreme commander of the state.
And specified that the Supreme Constitutional Court alone is competent to try, if we know that the articles of the Constitution, which provided for the establishment of the Supreme Constitutional Court has given the President alone the authority of naming its members without any restrictions or interception for a period of only four years, while the term of President extends for seven years, which means that President is one member of the body that can try him, is there more protection?
“The Supreme Constitutional Court has five members one of them is the leader named by the president by a decree”
Article 141:” the period of membership in the Supreme Constitutional Court lasts for renewable four years”
The Constitution of 2012, issued by Bashar confirmed such protection by:
Article 117:” President of the Republic is not responsible for acts carried out by the direct duties except in the case of high treason and it has asked accused of a decision of the Parliament and a public vote by a majority of two-thirds of the members of the special session Confidentiality and on the proposal of a third of the members of the Board at least and is being tried before the Constitutional Court Supreme”
“The Supreme Constitutional Court shall be composed of seven members, at least one of whom is nominated by the President of the Republic president by decree”
If we knew that Syria has not signed the accession of the International Criminal Court, making it immune to prosecution of the international community of the crimes we can understand how confident Bashar al-Assad feels when committed all these crimes and massacres.
Hafez al-Assad had not only full protection from prosecution , but rather that circulated it on his loyalists as long as remained loyal and made the issue of prosecution in his hand, as long as they are loyal, they are protected from prosecution no matter how committed the crimes, and in case change their position, these protections disappear.
Started with the ministers where the 1973 constitution stated
“The prime minister and ministers are responsible in front of the president”
“President of the Republic had the right to refer the minister to trial for his crimes during his duties and because of them, according to the provisions of the Constitution and the law.”
Constitution of 2012:
“1. Prime Minister and his deputies and ministers are responsible according to the law civilians and criminal.
2. The President of the Republic the right to refer the Prime Minister and his deputies and ministers to trial for what they commit of crimes during their duties or because of them.”
Concerning the members of the People’s Assembly is set out in the Constitution of 1973
“MPs enjoy immunity for the duration of the mandate of the Council may not be taken.
Criminal proceedings against any member of them except in the case of flagrante delicate and with the permission of the Council and in the non-convening roles must take permission from
Chairman of the Board of the Council shall be notified when its first subsequent session of the action taken.”
This protection of loyal and followers is expanding to include elements of the army, and elements of the General Intelligence Department, and possession of civilians Contractors on the same protection;
Where the states of Military Procedure Law promulgated by Decree 61for the year
1950on the need to obtain permission to prosecute any military before the courts of the Secretary of Defense or his authorized representative:
“It is the duty of the Minister of Defense and Chief of General Staff investigate crimes that are handled by the courts
Military, assisted by the regional leaders and the leaders of the brigade and the commander of the Gendarmerie General and the Judicial Police Military
As such, raise them, all in relation to the competence, complaints binders and initial investigations
Of These crimes
Submitted to the Chief of General Staff:
A – Complaints and tests relating to offenses committed from a military to military.
(B) Securities and lecturer setting organization against the military and the perpetrators of crimes that do not a civilian involved in it.
(C) The minutes of the investigation of crimes committed by military personnel during their service or in the gallery of service.
If the suspect has not been arrested
Send complaints binder’s preliminary investigation to the public prosecutor competent to operate on a writ prosecution in the following cases:
A – In the three cases mentioned in the second paragraph if the suspect in custody.
(B) In other cases not mentioned in the article.”
“Issued prosecution orders based on reading the military prosecutor in the following manner:
A- Princes against the officers and commanders under a decree issued upon the proposal of the Commander in Chief of the Armed Forces.
(B) the right of the agents and officials and employees of civilian officers and workers belonging to the interests of the military decision of the commander general of the Army and the armed forces at the suggestion of Chief of General Staff.
(C) The right of the employees and civilian personnel directly to the Ministry of National Defense by order of the Commander in Chief of the army and the armed forces.
D – The right of individuals and captains by order of the Chief of General Staff
. If there were soldiers from different ranks in one case, or there was a military and civilian provisions
Law ruled tried before military courts will be issued an order for her prosecution authority to prosecute the owner of Top Rank power.
In time of war and in a state of war it ordered the prosecution will be issued from the general commander of the army and the armed forces in all cases mentioned above.”
“Each of the Commander in Chief of the Armed Forces and Chief of General Staff have the right in peacetime are also entitled to the General Commander
Army and the armed forces in time of war to authorize the commander of the region or the commander of the brigade or similar unit by ordering prosecution of crimes back to look at the individual judges.”
“-When Public interest litigation to take the complainant recipe plaintiff is entitled to the Attorney General that the prosecution based on a complaint aggrieved whether the defendant is not military.
If he was not military: Should not the plaintiff Profile to stir public interest litigation without the consent of the public prosecutor and the approval of the commanding references to be prosecution.
– If the injured military personnel in the Army Command and General Staff of the presidency despite the return complaining about his lawsuit that demanded further consideration of the case if it deems it necessary.”
And stipulates creation of the State Security Management Act promulgated by Decree No. 14 of 1969 material may not be moving Public interest litigation of any offense against the workers in the State Security Department before obtaining the approval of the Director of the State Security Department:
“It shall not be prosecuted any of the workers in the administration for the crimes they commit while performing specific tasks entrusted to them in an exhibition or carrying out only under prosecution order issued by the Director.” : Stated in Article 74 of Legislative Decree 549Date 1969:
“It shall not be prosecuted any of the workers in the State Security Department assigned or loaned to the contractors with it directly in front of the judiciary, in the emerging job crimes, or when carrying out before being referred to the disciplinary board of management and the issuance of Prosecution ordered by the Director”
Bashar al-Assad expand protection where issues decree for the year 2011 included so that police and customs Political and security to be treated with such military elements; that mean you must obtain prior authorization from the Ministry of Defense before Stir public interest litigation against them:
Article 1: “Last added to Article / 47 / of the Penal Code and the assets of the military trials of 1950/2/27amended, Legislative Decree No. 61 paragraph reads as follows:
– A – crimes committed by each of the officers the row officers and members of the internal security forces, and elements of the Political Security Division (elements and customs department, due to perform the tasks entrusted to them. )
B- Prosecution issued warrants for officers described the officers and members of the internal security forces and elements of the Political Security Division The elements of the customs department decision of the General Command of the Army and the armed forces. In accordance with the provisions of Article / 53 / of Penal Code and the assets of the military trials, and its amended.
Article (2): “forwarded proceedings before the ordinary and the related article / 1 / judiciary, the military justice syste.”.
If we know that military intelligence management elements, and all its branches and its ramifications, under the Ministry of Defense, which means that
Protection and immunity and impunity include everyone as long as they are loyal and support system And can be canceled this protection has been brought before a court to punish him in any moment can be doubted their loyalty, they are threatening tool against the employees of these agencies also.
Father and son Assad regime were not content with the protection of the army and security forces and police loyal to them and the only remaining threat
But to withdraw this protection and the threat to public officials Where the Central Authority for the Supervision and Inspection Act was to limit the right to refer any file corruption or irregularities to the judiciary, which is in turn followed the Prime Minister appointed by the President, Commission inspectors report to the judiciary is not permissible no matter how big or serious corruption or looting or stealing files, but referred to the Presidency of the Council of Ministers with the recommendations and decides alone referral to spend or save the file, According to the text of the Central Authority for the Supervision and Inspection Act promulgated by Decree 24of 1981
“After the completion of all supervisory and inspection task or investigative, inspection workers prepare a report or more on the results of his works, including what he sees of demands or proposals and recommendations including:
A – Issue recommendation texts to improve performance, and to avoid loopholes manifestations of default and imbalance.
b- Review of the administrative structure as that brings efficiency and safety performance.
C – Impose real disciplinary sanctions.
D – Request dismissal in accordance with the provisions of Article / 85 / of the main staff law No. / 135 / for the year 1945, as amended, in cases that affect the integrity or lack of effectiveness of job performance or inadequate.
Contrary to all semis permeable exchange is subject to a decree from the service of the Commission’s proposal, in cases relating to non-effective functionality and inadequate remedy in the administrative courts.
Contrary to the provisions of the validity of the theory stop limits on disciplinary measures and sanctions on the stated in the Labor Code (No. / 19 / for the year 9111, as amended, and in the user’s own regulations issued on the basis thereof, the initiation of the investigations conducted by the internal control and body.
e-A request to move the public case of crimes applied sanctions laws require with respect to acts committed because of position or on the occasion of her performance.
f- the application to the administrative authorities concerned to take prescription prosecutors Profile depending on public interest litigation or set up Civil lawsuit pick decriminalization of the incident, demanding rights and compensation for material and moral damage.
In general request processing conclusions of the work of supervision, inspection and investigation.”
“Submission’ (FDA) ‘Report to (Prime Minister) on the actions of ministers and governors in violation of the laws and regulations, or about what is attributed to them.”
Bashar al-Assad has issued a creation of the Central Agency for Financial Supervision Act corsage Decree 64 of2003 protects incumbents of accountability in which it says:
“A-The agency must investigate all financial irregularities as well as administrative, economic and criminal offenses that result in financial implications and discovered by him while he works supervision or referred to it by the provisions of this Legislative Decree.
B-Communicated the results of the investigation to the concerned authorities to implement them and to inform the agency including feels implementation within one month from the date of notification
C. If the investigation has resulted in the existence of a penal offense to refer the head of the agency with the results of the investigation installed papers to the competent court
D-Upon receipt of irregularities related to the owners of positions is raised these irregularities to the Prime Minister.”
Father and son Assad regime not only to protect themselves, and his supporters and followers of the ousted and elements of the trial and prosecution for their crimes, Protection also included the foreign channels that defends and works to stay in power and that of the armies of other countries or armed militias and armed elements coming from other countries to join the fight to protect them
To include militias and armed elements are protected under the name of inclusion in the regular forces or under signed with other countries such as Iran, Russia and the agreements and perhaps most obvious, and most travesty of justice, is the agreement signed with Russia, which stipulates licensed their material on
Article 6: immunity and privileges
“1-Russian soldiers committed to respect the laws, customs and traditions in the place of residence, which will be informed about it as soon as they arrive in Syria
2-Russian military units enjoy immunity from the jurisdiction of civil and administrative in Syria.
3-3 objects movable and immovable property of the Russian aviation group remain protected under this Agreement, It is not entitled to the representatives of the Syrian Arab Republic in to place the deployment of Russian troops without prior agreement with the commander.
4-Russian soldiers and their families enjoy all the privileges granted under the Vienna Convention on Diplomatic Relations of 1961.
5-A subsidiary of the Russian Aviation property have the right to immunity and protection.”
Article 7: Settlement of Claims
“1-Not entitled to the Syrian Arab Republic to progress any requests of the Russian Federation and the Russian aviation group and his staff, also has no right to raise any claim vigorously Russian aviation group and staff-related.
2-Syrian Arab Republic bears responsibility for the settlement of all claims that may be claimed by third parties as a result of damage caused by the Russian aviation group and staff activities.”
Article 8: tax privileges
“Syrian Arab Republic, the Russian aviation group exempt from any taxes, direct or indirect.”
Besides that the regime made Syria the shelter of fugitives from international justice, or justice of their countries, hosted criminals accused of committing terrorist acts or crimes against humanity, starting from Nazis criminals wanted by Nuremburg courts, through Carlos, Abdullah Ocalan, and fugitives from Lebanon for committing acts of terrorism as their holiday and Shaker Al-Absi and leaders of Fatah al-Islam and access to shelter and support terrorist organizations like al-Qaeda (before the coup) and radical Shiite militias, and many others.
This research illustrates the mentality of authoritarian rule in Syria, only the one who knows the absence of the legitimacy of his rule, which commit criminality to install tyranny, initiates from the first few months for the rape of power to establish laws make it impossible even at the highest levels in the state, and not only to the community, to prevent him from committing terrorism, and being accountable for his crimes.
The tyrant is signing a treaty to prevent another state accounting bombing civilians, and public and private property (Russia, Iran). The power of attorney continues to death, and the protection of the deadly consequences do (if the state, or militia) as long as it, from the standpoint of the tyrant, means the continuation of his rule illegitimate.
The continued protection of public murder Index, shows that nothing has changed in terms of criminality authority in Syria, This confirms that the international negotiations to talk about with him is useless, and it is immoral, and illegal at all. There is no precedent case of a settlement with the tyrant did not exceed the limits of the reasons for his crimes broad person.
Here we are not actually in front of a civil war have their causes in a civil groups on the interests of the conflict, and social classes struggle, We are facing a war drove out a lot of grudges, but are caused by the original procedure, and continuous, that the tyrant preferred, and still prefer, to kill people he governs, and the country, who was raped, that allows the application of democracy demanded by the crowd. And criminality regime committed during more than forty years and continues to commit the most heinous crimes without the reach of justice.
After all of the above can we wonder why Syria is a land of impunity?
Not only criminals Syrians, but to all the criminals of the world. Is it possible to wonder why all this terrible crime of the regime and his followers, Forces and militias that supporters? Is it possible to resolve the situation in Syria before ending the problem of impunity?
Is it possible that allowing criminals fleeing from justice to carry out or participate in drawing Syria’s future?
Is it possible to start building a civil and democratic Syria before isolate and prosecute criminals to soothe souls and stop the feelings of revenge and retrieval of rights, especially, when the justice system is unable to affect criminals?
Ask questions of each Syrians and international politicians, and each Referred to sit at a negotiating table with murderers and criminals and fugitives from justice.
And we provide clarification and a statement for each Syrians believe the future of Syria for all Syrians without criminals, and everyone interested in justice and human rights.
The first step is to bring the perpetrators of crimes to justice and to raise any kind of protection for anyone when committing crimes.
Syrian Center for Legal Studies and Research
Lawyer Anwar al-Bunny