Today, Syria is still beleaguered, as the aftershock of civil war still rumbles on. Even with the Assad regime’s collapse, the nation has experienced more than 1,300 fatal retaliations in response. According to the Syrian Observatory for Human Rights, 1,301 people have been killed. This tragic loss was the result of the violent responses which followed the collapse of the regime. The ongoing conflict and its resulting chaos have left many families in search of justice and answers regarding the fate of their loved ones.
The Assad regime has long been known for its vicious prison gulag, which has seen as many as 300,000 Syrians go missing at its hands during the regime’s tenure. Justice and human rights investigators are working hard to understand the truth behind these disappearances. As head of the National Commission on Missing Persons, Mohammad Reda Jalkhi has been at the forefront of these investigations. His team seeks to bring attention to the plight of the thousands still lost. Now, they’re asking for accountability from the now-former hierarchy of the regime.
The Quest for Accountability
The National Commission for Transitional Justice must lead the way in overcoming Syria’s difficult legacy. Headed by Abdel Basit Abdel Latif, the commission has the challenging mandate of investigating and reporting on crimes and atrocities committed during the Assad era. At the same time, Hasan Al Hariri has played a fundamental role in smuggling critical documentary evidence out of Syria. Importantly, he succeeded in extracting more than 1.3 million pieces of documentation. These documents provide detailed evidence of war crimes committed by regime officials, up to and including Bashar al-Assad.
The Commission for International Justice and Accountability (CIJA) has established that enormous archive. This curated set of legal, military, and intelligence documents provide incontrovertible proof of these crimes. Fadi Saqr, a commander in the National Defence Forces (NDF), has been accused of participating in the 2013 Tadamon massacre, highlighting the need for accountability. According to a new report by the United Nations, these coastal massacres resulted in nearly 1,400 civilian deaths. This tragic toll underscores the gruesome violence that was revealed amid the war.
Unfortunately, even after all of this, too many families continue to be caught up in … limbo. Ziad Mahmoud al-Amayiri’s ten family members were forcibly disappeared with no justice in sight, and his fight goes on. He stated, “There are two options: either the government gives me justice, or I take justice myself.” Al-Amayiri’s plea is unfortunately emblematic of the desperation of many families, who have lost loved ones and want to know where they are.
The Challenges of Transitional Justice
Due to the current context, transitional justice efforts in Syria would encounter serious difficulties immediately. Danny al-Baaj highlights the absence of a comprehensive framework, noting that “A framework is still missing. A special law on transitional justice is still missing.” Those affected by the conflict often feel abandoned by a government that fails to communicate effectively about investigations into disappearances and abuses.
Wafa Ali Mustafa, a longtime advocate for families of detainees, echoes the frustration of families and advocates concerning information withheld by authorities. She states, “Unfortunately, we don’t really know what’s happening to these people, we don’t know where they’re being held, we don’t know what kind of investigation they’re being exposed to.” This lack of transparency only adds salt to the wounds of families who are waiting, hoping, and praying to learn the fate of their loved ones.
The Assad-era legal framework is being challenged as the government reactive to criticism have set up two bodies to supervise transitional justice processes. One of the bodies works specifically with the goal of investigating all missing persons, while the other body takes a larger transitional justice mandate. Many are unconvinced that these measures will go far enough to make a real impact. Al-Amayiri questions how Fadi Saqr could be forgiven by the government despite the bloodshed he caused: “How was the government able to forgive Fadi Saqr with the blood of our families?”
Rising Sectarian Violence
Sectarian violence has reached unprecedented levels in post-conflict Syria. This further escalation has led to the deaths of whole families and an increase in vengeance killings by 20 times. This fragile peace has created a situation where unresolved grievances are able to ignite another round of violent unrest. While families still mourn their losses, they continue to face an uncertain future.
Hassan Soufan comments on why they were able to prevent further bloodshed through agreements for safe passage in some communities. He asserts, “No one can deny that this safe passage contributed to averting bloodshed.” And still even within such accords, the specter of past crises and atrocities haunts questions of justice and accountability.
While families search for closure and answers, they are forced to do so amid a culture of distrust and trepidation. Al-Amayiri encapsulates this sentiment when he expresses his desire for a grave to visit: “It is now a dream for us to have a grave for our family to visit.” Yet the longing for dignity and recognition, for healing and justice continues to motivate their fight today.
