Attachments
Tens of Thousands of Syrians Executed Without Fair Trial
The Hague – The Syrian Network for Human Rights (SNHR) today released a report entitled, ‘The Death Penalty in Syrian Law and Its Exploitation by the Assad Regime to Eliminate Dissidents’ which sheds light on the Assad regime’s use of the death penalty as an instrument of political repression from the outbreak of the popular uprising in 2011 up until the Assad regime’s downfall on December 8, 2024. In pursuit of this policy, the death penalty was no longer restricted to criminal offenses but became a tool used by the Assad regime to terrorize society, consolidate the regime’s security grip, and eliminate dissidents without fair trials.
Courts that carried out death sentences
The Assad regime used a number of exceptional courts to issue and carry out death sentences, most notably:
- Military Field Courts: Founded in 1968, these were used to carry out immediate death sentences against dissidents without legal guarantees or right to defense.
- Counterterrorism Courts: Founded in 2012 following the outbreak of the popular uprising, these became primary instruments to eliminate political dissidents, issuing hundreds of death sentences under the guise of broad charges related to ‘terrorism’.
- Regular criminal and military courts: Handled cases previously referred to Military Field Courts after those were abolished in 2023. Despite that abolition, these courts continued to issue politicized rulings.
Execution as a retaliatory tool
The report notes that the death penalty was not used by the regime as a means of achieving justice but rather as a tool for eliminating political dissidents through decisions issued by the executive authority, which had complete control over the judiciary. Furthermore, Syrian laws related to execution, such as the 2012 Counterterrorism Act, expanded the definition of crimes beyond the most serious offenses as classified under international standards. This allowed the Assad regime to arbitrarily use executions to consolidate its rule.
The growing role of Military Field Courts after 2011
As popular protests in Syria expanded, the Assad regime increasingly relied on Military Field Courts as a primary tool for eliminating political opponents. To that end, these courts issued thousands of death sentences against protesters and political activists without fair trials, and in the absence of any legal safeguards or the right to defense for the accused. These courts were never intended to serve justice; rather, they were specifically designed to issue swift execution orders under the supervision of the regime’s security agencies.
Executions without notifying families or returning bodies
The report stresses that the regime concealed the fate of thousands of detainees referred to Military Field Courts from their families, and their bodies were never returned after execution. This practice, the report further notes, constitutes enforced disappearance, which is classified as a crime against humanity under international law.
The link between executions and enforced disappearance
SNHR documented a strong connection between enforced disappearance and executions. As of August 2024, the number of detainees and forcibly disappeared persons in the Assad regime's custody had reached 136,614, including 112,414 whose fate remains unknown to this day. Evidence indicates that the vast majority of these people were executed in prisons, either through torture or secret executions, without any legal proceedings.
The main entities involved in executions
Executions and enforced disappearances were carried out based on central decisions issued by the highest ranks of power within the security, military, and judicial authorities, including:
- The President of the Republic (Commander-in-Chief of the Army and Armed Forces).
- The Vice President for Security Affairs.
- The National Security Council and the Ministry of Defense.
- Security agencies (Military Security Intelligence Directorate, Air Force Intelligence Directorate, and State Security).
- Exceptional judicial bodies, including Military Field Courts and the Counterterrorism Court.
Continued executions despite the abolition of the Military Field Court
Although the Military Field Court was abolished by Decree No. 32 of 2023, this did not lead to a halt in executions. The Assad regime continued using other military courts to issue arbitrary sentences against political opponents. This reflected its systematic policy of continuous repression and political retaliation, without any commitment to complying with international laws or human rights.
The Counterterrorism Court as a repressive tool
The Counterterrorism Court was one of the most dangerous types of exceptional courts established by the Assad regime, as it clearly demonstrated the executive authority’s control over the judiciary, making it more akin to a security branch than an independent judicial body. These courts issued thousands of death sentences against political opponents, disregarding all fair trial standards outlined in Article 14 of the International Covenant on Civil and Political Rights (ICCPR). Additionally, all death sentences issued by Counterterrorism Courts are classified as arbitrary killings under international law.
Executive authority control over the death penalty
The report also notes that the Assad regime exploited the judiciary as a political tool, with the President of the Republic directly controlling the High Judicial Council. Additionally, most amnesty decrees issued from 2011 up until the Assad regime’s downfall systematically excluded death sentences issued by military and exceptional courts. This indicates the regime’s use of the judiciary to eliminate political dissidents.
Execution of minors inside Syrian prisons
The report exposes further grave violations committed by the Assad regime against children, including the detention and enforced disappearance of minors, and the execution of some upon reaching the age of 18—a flagrant violation of the Convention on the Rights of the Child. SNHR documented 3**,700 cases of children being forcibly disappeared and 190 cases of children dying under torture**. The group also obtained documents confirming the execution of at least 50 children by Military Field Courts between 2018 and 2024.
Sednaya Prison: The center of mass executions
Sednaya Military Prison is a symbol of the brutal repression practiced by the Assad regime, serving as a human slaughterhouse where thousands of mass executions were carried out from 2011 up until the Assad regime’s downfall. According to survivors’ accounts, detainees were secretly hanged in organized executions without any fair trials, and without any effort to notify their families or return their bodies to them, reinforcing evidence of crimes against humanity inside the prison.
Legal responsibility and international accountability
The report states that the Assad regime’s application of the death penalty in Syria violated international human rights standards, specifically Article 6 of the ICCPR, which restricts executions to the most serious crimes and requires a fair trial.
Furthermore, the report stresses that executions and enforced disappearances were not individual acts but a systematic policy overseen by the highest ranks of the Assad regime’s security and military leadership. These crimes require international legal accountability under the Rome Statute of the International Criminal Court (ICC), as they qualify as crimes against humanity and war crimes.
Recommendations and international demands
The report calls for urgent international action to hold those responsible for these crimes accountable by:
- Imposing sanctions on individuals involved in executions and torture.
- Obligating countries that support the Assad regime, such as Russia and Iran, to hand over those wanted for international prosecution.
- Supporting transitional justice in Syria to ensure integrity and accountability and prevent future crimes.
Recommendations for the new Syrian government
1. investigation and accountability
i. Conduct transparent and independent investigations into mass executions and enforced disappearances, ensuring those responsible are brought to justice.
ii. Hold accountable all individuals involved in crimes against humanity and war crimes, whether they were politicians, military personnel, or judicial officials.
iii. Refuse to issue any amnesty for perpetrators of crimes against humanity and war crimes.
iv. Freeze all assets and records related to the Counterterrorism Court and military courts to preserve evidence implicating those involved.
v. Prosecute former regime officials implicated in crimes and impose legal restrictions on them until investigations are concluded.
2. Cooperation with international institutions
i. Collaborate with the International Commission on Missing Persons and relevant UN institutions to uncover mass graves, identify victims, and notify their families.
ii. Rehabilitate survivors of detention and provide psychological and social support programs for them and their families.
3. Reforming the judicial and legal system
i. Repeal all the former regime’s laws and decrees that legitimized crimes and violations and replace them with new legislation that upholds human rights.
ii. Abolish all military and exceptional courts, such as the Counterterrorism Court and the Military Field Court, which the former regime used to suppress dissidents.
iii. Establish independent oversight mechanisms for security and judicial agencies to prevent future violations.
4. Transparency and access to information:
i. Allow human rights organizations and journalists access to execution sites to ensure transparent investigations.
ii. Strengthen the role of free and independent media in overseeing government and judicial performance to ensure integrity and transparency.
Finally, the report stresses that transitional justice is not simply an option, but an absolute necessity, as the continued impunity of those responsible for these terrible crimes will only threaten civil peace and security.