The Ministry of Justice issued a circular obliging the judicial police specialized in cybercrimes not to detain any suspect, present him or broadcast the search for him unless an "explicit written decision" is issued by the competent public prosecution to ensure that personal freedom is not infringed outside the limits set by the law.
The circular published by the ministry on Monday (June 29th) on its official identifiers included new foundations for regulating mechanisms for prosecuting cybercrimes, in a move described as an attempt to readjust procedures to ensure the protection of individual rights and the preservation of public freedoms while preserving the state's ability to confront crimes committed through the digital space. Circular No. 26 sets a more balanced procedural framework between freedom of expression and the necessities of legal security, directing judges to adopt precise controls in dealing with this type of case.
The circular stressed the need to rationalize referral to the judicial police, so that complaints are referred only in crimes that require digital or technical investigations, such as electronic fraud or illegal entry, or in cases where the perpetrator is anonymous.
The circular indicated that crimes that are known and do not require technical procedures are prosecuted directly before the competent court to avoid prolonging the prosecution without justification, especially in cases of defamation and cyberdefamation.
Pretrial detention is an exceptional measure
The circular stressed that pretrial detention should remain an exceptional measure that can only be resorted to when absolutely necessary, such as for fear of the defendant's escape, obliteration of evidence, or influence of witnesses, and not more than the time necessary to ensure the integrity of the investigation.
The circular restricted the issuance of search radio orders, limiting them to serious crimes or cases that require urgent technical procedures, or when the suspect refrains from visiting the judicial police despite having been duly informed, in order to avoid the inclusion of citizens in the prosecution lists without sufficient legal basis.
In an additional organizational step, the Ministry requested the formation of judicial committees in each judiciary to review previous research broadcasts related to cybercrimes, and decide whether to continue or cancel them in accordance with the new regulations, reflecting a trend towards purifying records and ensuring that citizens do not remain under prosecution without legal justification.
Legal Committees to Restudy the Cybercrime Law
Last week, the Ministry of Justice announced the formation of legal and technical committees to re-examine a package of laws, especially the cybercrime law.
She said that this step comes with the participation of the law enforcement authorities, especially the Ministries of Information, Interior and Communications, in an effort to reach a balanced legal formulation that ensures the protection of rights and freedoms and strengthens the rule of law, as well as providing the necessary tools to combat cybercrime in all its forms.
The Ministry stressed that the directives and actions taken in this regard, coupled with the central role played by the judiciary, represent a real guarantee that legal texts will not be exploited or applied in a manner that contravenes the provisions of the Constitutional Declaration, in order to ensure the protection of the rights of all parties on the basis of the principle of equality before the law and respect for fair trial guarantees.
Media Clarifies: The Decision of "Media Prohibitions" is an "Only" Awareness Item
In recent weeks, the Syrian authorities have issued several circulars regarding problematic issues that could limit freedom of expression and opinion, as the Ministry of Information confirmed on Sunday that what has been recently circulated about the so-called "media prohibitions" does not constitute a new list of restrictions on media work, but rather an awareness and guidance material aimed at summarizing general provisions contained in media charters and legislation regulating the profession in Syria.
The director of licenses at the ministry, Omar Haj Ahmed, explained on his personal Facebook page that what was circulated was "inaccurately interpreted", pointing out that the circulating video aims to raise awareness of the legal and ethical framework of media work, and not to impose additional restrictions on freedom of opinion and expression.
He pointed out that dealing with issues such as glorifying or justifying crimes or inciting them is not only part of the media law, but is also subject to other competent legislation, including transitional justice laws and laws being prepared, in addition to cybercrime laws and others.
What does the Ministry of Information's circular include?
The previous circular issued by the ministry included 6 main prohibitions on media publishing, namely the prohibition of the publication of confidential documents, insulting religions, hate speech, violation of privacy, defamation, and the dissemination of false news, in addition to materials that affect public morals.
The Ministry stressed that the aim of these clarifications is to regulate media work and promote professional responsibility, within a legal and ethical framework that balances freedom of expression with compliance with the laws in force.
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