Witness testimony is gaining increasing importance in the litigation process in Syria, especially after years of war and the accompanying loss of documents and records, damaged registries, and lost rights, which raises legal questions regarding the conditions for accepting testimony, the competence of the witness, the controls for listening to them, and the standards the court relies on to evaluate their statements.
In this context, the Syndic of Lawyers in Syria, Mohammed Ali Al-Taweel, confirms that witness testimony is a means of proof recognized by law and can play an important role in uncovering the truth, but he stresses that the loss of documents does not justify accepting any testimony without scrutiny; rather, it must be subjected to judicial discussion and an assessment of its consistency with facts and other evidence.
Competence of the Witness and Taking the Oath
Legal expert Abdul Rahman Al-Abdullah clarifies that the Syrian Evidence Law stipulates in Article 59 that the witness must have reached the age of fifteen and possess continuous mental capacity, and that no criminal judgment depriving them of the competence to testify has been issued against them. As for those under fifteen, they can be heard for guidance purposes without taking an oath.
For his part, legal expert Dr. Ahmad Qarbi explains that taking the legal oath before a judicial authority or a competent authority empowered to administer it constitutes a fundamental element of the crime of perjury, whereas statements made before the police are not considered testimony accompanied by the necessary legal oath to constitute this crime.
Hearing Testimony of Relatives
Al-Abdullah elaborates that the rules for hearing relatives' testimony differ between civil, criminal, and Sharia cases. In civil cases, the testimony of ascendants, descendants, spouses, and wives is not heard, while the testimony of brothers and sisters can be heard. In criminal cases, the prohibition may extend to brothers and sisters, with the ruling varying according to the circumstances of the hearing and objections.
Al-Abdullah added that strong enmity or having a direct interest in the dispute may affect the acceptance or value of the testimony. He also distinguishes between direct testimony and hearsay; the latter may be accepted in specific scopes of Sharia cases, such as proving marriage and lineage, but it is insufficient to prove divorce, which requires direct hearing from the husband.
Penalties for Perjury
Qarbi sets an additional criterion when distinguishing between inaccurate testimony and the crime of perjury, emphasizing that intentional lying is a fundamental element in establishing the crime. It is not enough for a witness's statement to differ from another to prove criminal intent; it must be proven that the witness knew what they were saying was false and intentionally provided it.
Regarding penalties, Qarbi notes that perjury in misdemeanors or civil cases may be punished by imprisonment from three months to three years, while the penalty in felonies may reach hard labor from three to ten years. If the testimony leads to the conviction of an innocent person to death or life imprisonment, the penalty may not be less than ten years and may reach fifteen years.
Source: Syrian Arab News Agency (SANA)
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