“Civil Society Spotlight” is a series aiming at highlighting and contextualising the voices of Syrian civil society organizations, activists, journalists, and people who advocate for positive solutions, human rights, democratic values, and social justice.
The Context
Hassan Soufan, a member of the Civil Peace Committee in Syria, surprised many people, and particularly victims of the violence and brutality perpetrated by the Bashar al-Assad regime, when he announced a pardon for Fadi Saqr, the ex-commander of the National Defense Forces militia.
The announcement came during a press conference held in Damascus on June 10. The event was attended by the spokesman for the Syrian Ministry of Interior, Noureddine al-Baba, to review the committee's work and clarify the ambiguity surrounding the pardon/release decisions for a number of officers from the former Syrian regime's army.
Soufan justified his decision with vague and broad terms, suggesting that the decision was nevertheless supported by the transitional authority led by Ahmad al Sharaa.
He said: "We understand the pain and anger felt by the families of the martyrs, but we are forced to make decisions that ensure relative stability at this stage."
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Soufan also emphasized that "transitional justice does not mean holding accountable everyone who served the regime. Accountability is for the major criminals who committed serious crimes and violations."
Fadi Saqr, whose real name is Fadi Malik Ahmad, was born in the coastal city of Jableh in the mid-1970s. He rose rapidly during the Syrian uprising, specifically in 2012, through his association with one of the militia forces supported by Iran.
His name has also been associated with one of the most brutal and savage war crimes during the war, the so-called ‘Tadamon massacre’, that claimed the lives of 288 people and was later revealed by an investigation published by New Lines magazine in April 2022. Because of his involvement, Saqr was subjected to US sanctions in 2012.
The two researchers, Annsar Shahhoud and Prof Uğur Ümit Üngör, and international organizations such as the EU have documented the involvement of Saqr and his militias in the massacre and a number of war crimes related to it.
In this context, it is not surprising that Fadi Saqr’s pardon provoked strong reactions in Syrian society. Victims of war crimes and their relatives expressed their disappointment through public statements and demonstrations. Activists expressed their preoccupation about the impact of the pardon on the processes of transitional justice. Experts criticized the ways the entire accountability processes are being managed by the new authorities.
All these positions have something in common: they remind us that transitional justice is not in contradiction with stability and security. On the contrary, holding perpetrators of war crimes accountable is an essential element on the path towards a stable peace.
Organizations for accountability for detainees and forcibly disappeared
The Families for Freedom and the Caesar Family Association organised different protests in Ummayad Square in Damascus and in A’zaz, in the Aleppo countryside. In Idlib, the ‘mothers of detainees’ also staged a demonstration. They raised banners with the writings: "A protest for our dignity and our rights. There is no peace with impunity...The dignity of our victims is not compromised, and their justice is not a burden on anyone."
In parallel, the Families of Missing Persons Platform in North and East Syria issued a statement saying: "At a time when some perpetrators of crimes and violations are being promoted as partners in peace or appointed to leadership positions, we affirm that this approach threatens the foundations of justice and deepens the wounds of victims." The statement also affirmed its rejection of any "attempts to whitewash crimes or reward violators", calling for "full accountability for all those involved in human rights violations, regardless of their affiliation".
Similarly, the Transitional Justice and Human Rights Defence Committee of the Homs Lawyers' Union emphasised its strong rejection of Hassan Soufan's statements regarding the pardon of Fadi Saqr. In a statement, they said that the statements represented 'a provocation to the feelings of the victims and their families'.
The organisation 'Caesar Files for Justice' took the same stand, criticising the recycling of 'war criminals' and emphasising the dangers of impunity. It warned against 'attempts to rehabilitate figures involved in war crimes in Syria and grant them prominent social roles in the new political phase'. The organisation noted that 'prioritising stability over accountability reproduces violence and undermines opportunities for sustainable peace'.
Similarly, a statement issued by the Civil Peace Group, a youth organization documenting violations in Syria, stated that it had "previously warned of the danger of leniency toward individuals involved in committing serious crimes during the era of the former regime”. The statement also emphasized that "as murder and violence on sectarian and political grounds continue, the argument of the presumed role of Fadi Saqr in preserving civil peace is becoming weaker with every drop of blood shed."
Meanwhile, demonstrations and protests have been virtually non-stop in June, in several areas, including the Rukn al-Din neighborhood of Damascus, and in front of the Palace of Justice in the capital, as well as other areas.
Activists and lawyers: civil peace is impossible without accountability
Apart from organizations, also different individual activists strongly condemned the decision. Mazen Darwish, the director of the Syrian Center for Media and Freedom of Expression, stated on Facebook that the decision of the Civil Peace Committee would force him to rethink the idea to move the Center’s activities in Syria, as safe conditions won’t be anymore guaranteed.
Ahed al-Hindi, a Syrian Christian activist residing in the United States, also strongly condemned the decision, saying on his Facebook account: "The release of Fadi Saqr and a group of war criminals is not only an insult to the victims, but also an insult to the Alawite sect itself. Re-glorifying illiterate criminals and presenting them as 'leaders' of the sect only serves to implicate it once again, just as it was done to it by the Assad family."
“In my opinion, there is an overstepping of the committee's jurisdiction. Cases like Fadi Saqr's or other suspected perpetrators of crimes are supposed to be examined by the judiciary, or at least by the National Justice Commission, after it is formed. It is not possible to deal lightly or leniently with the crimes in which he is suspected to be involved, let alone those already documented against him.
Also different human right lawyers reacted, and some organised a solidarity vigil in front of the Palace of Justice in Aleppo to express their support for the families of the victims of the regime and to reaffirm their commitment to the principles of transitional justice.
Moatasem al Kilani, a human rights lawyer himself, also reports on his Facebook page some of the statements by the lawyers who attended the protest.
Ahmed Al-Hariri, for example, tells Focus Aleppo: "Our stand today is a clear message to all those who attempt to disregard the blood of the martyrs and the rights of the victims. It is unacceptable to promote reconciliation narratives that include pardoning criminals. This is nothing but a continuation of the perpetrators' impunity and a disregard for the most basic principles of justice for which the revolution was launched."
While Abdul Razzaq Razouq, Secretary of the Aleppo branch of the Free Lawyers Syndicate, says: “Attempts to bypass accountability and promote civil peace as an ultimate goal before achieving justice are unacceptable, both popularly and legally. There is no room for any real stability or reconciliation before rights are restored to their owners and those responsible for crimes are held accountable."
Human rights lawyer Moatasem Al-Kilani, who resides in France, revealed that dozens of Aleppo lawyers organized a solidarity vigil in front of the Palace of Justice to express their support for the families of the revolution's victims and affirm their commitment to the principles of transitional justice, rejecting what they considered "attempts to circumvent the transitional justice process".
The implication on transitional justice
In her comment to SyriaUntold, lawyer and feminist activist Jumana Seif explains that regarding Fadi Saqr's case, the handling of the case was "poor”. She explained that "the release of Fadi Saqr after a very short period of detention has sparked feelings of anger among not only the families of the victims and human rights activists, but also all those who believe in justice."
The press conference held and attended by Hassan Soufan, followed by the repeated justifications, does nothing less than reflect the entire situation of the case and exacerbate the general situation, as the ‘party’ Soufan represents "is not a competent authority.
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She explains: “In my opinion, there is an overstepping of the committee's jurisdiction. Cases like Fadi Saqr's or other suspected perpetrators of crimes are supposed to be examined by the judiciary, or at least by the National Justice Commission, after it is formed. It is not possible to deal lightly or leniently with the crimes in which he is suspected to be involved, let alone those already documented against him. Civil society organizations that have worked for many years on documentation have evidence and documents that prove his involvement, as they said, in a number of massacres, or let us say in numerous crimes. Therefore, it should not have been dealt with in such a lighthearted and careless manner”.
It is essential, according to Seif, that the national transitional justice commission undertake its work through expanded consultations and dialogue with victims, which should be the cornerstone and focal point. Work must begin first with dialogue with the families of the victims and with those harmed by these crimes, until we develop a comprehensive vision of the commission's path and working methods. This will lead to acceptance and the achievement of "a sense of satisfaction and the possibility of achieving justice." This feeling should be shared by those affected, i.e. the victims themselves and their families.
Regarding the repercussions of the incident on the work of human rights organizations and their ability to foster human rights awareness, Seif believes that this incident has galvanized human rights organizations and victims' families to recognize the importance and necessity of the roles played by civil society organizations, both in terms of awareness-raising and legal support, as well as their role in supporting victims and supporting family and victim associations.
A key point is their oversight role over the transitional justice process, which could play a foundational role in the formation of the transitional justice commission.
Seif concludes by saying that there is a strong civil society in Syria that has accumulated experience over the past 14 years, and that there is an opportunity for local activism, especially with many institutions that worked abroad repositioning themselves in post-Assad Syria.
Transitional justice and politics
Anwar al-Bunni, a lawyer and head of the Syrian Center for Legal Research and Studies, explains that the fates of many war criminals implicated in numerous cases related to the former regime are unknown after their arrest. Speaking to SyriaUntold, he pointed out the "complexities in Syrian law and the lack of provisions for punishing war crimes or crimes against humanity."
He points to the lack of judicial bodies that enjoy "trust or credibility capable of prosecuting these crimes. Furthermore, the issue of transitional justice is more than just a matter of holding criminals accountable. Victims are supposed to be compensated, and so forth, and they have numerous legal and moral entitlements. This should also take into account the value, importance, and even necessity of holding public trials, which is part of societal recovery."
“prosecuting criminals is part of protecting the surrounding community so that it does not bear the burden of the crimes committed by individuals”
In addition, prosecuting criminals is part of protecting the surrounding community so that it does not bear the burden of the crimes committed by individuals. There has been considerable delay and procrastination in establishing the Transitional Justice Commission, while its names and a work plan are still unclear.
It has been seven months and we still do not know what steps it will take. Therefore, all of the above has a significant impact on the victims first, and then on societal cohesion and civil peace, says Al-Bunni.
Al-Bunni asserts that no party in Syria has the right to pardon criminals except the victims themselves, and that the current failure to hold perpetrators accountable does not mean they are granted a certificate of innocence or the right to escape punishment. He explains that the issue is related to the efforts of organizations and the Transitional Justice Commission, noting that his human rights center has actually begun training lawyers on documentation and preparing files for prosecution of criminals through workshops held in several Syrian governorates.
For his part, Abbas Musa of the Synergy Association for Victims says that Fadi Saqr's case and similar cases threaten the transitional justice process by turning it into a selective or retaliatory one, which serves neither the victims nor civil society.
In his interview with SyriaUntold, he indicated that despite the challenges, "we continue to work with human rights organizations and victims to establish the concept of a comprehensive justice that excludes no party".
Moussa also emphasized that justice is not limited to Bashar al-Assad's violations alone, but includes all violators, and that human rights work must remain directed towards redressing victims without courting any authority, citing their refusal to restrict justice under Decree 20, which stipulates the establishment of a national transitional justice commission specifically for Assad's violations.
He also emphasized the importance of mobilization and advocacy to keep transitional justice alive and effective, and he also played an influential role in establishing the United Nations Foundation for Missing Persons.
List of main CSOs and activists included in this article:
Synergy Association for Victims
Anwar al-Bunni
