The Ministry of Transitional Justice announces the trial of Wassim al-Assad and Mufti Ahmed Hassoun

The National Commission for Transitional Justice announced on Monday (June 22nd) the dates for the start of public trials of a number of prominent figures of the former regime, according to the director of the accounting department at the commission, Radif Mustafa, in statements to the state-run channel "Al-Ekhbariya".  

According to Mustafa, the first session of Wassim al-Assad's trial will be held next Wednesday, followed by Thursday's opening session of the trial of former regime mufti Ahmed Badr al-Din Hassoun,  pointing out that Damascus courts are witnessing  a new session today to try Abdel Nasser Buraq, who is accused of working as a security informant, while tomorrow, Tuesday, will be dedicated to a new session in the file of the former head of the political security branch in Daraa, Atef Naguib.

Mustafa stressed that the transitional justice process is not limited to prosecuting the perpetrators, but places at the heart of its priorities "justice for the victims and their legal and social empowerment, based on official files, victims' testimonies and approved investigative documents".

List of charges against Assad and Hassoun

The indictment against Wassim al-Assad focuses on crimes that amount to crimes against humanity, including murder, torture leading to death, the formation of auxiliary militias linked to the Fourth Division, in addition to his involvement in Captagon manufacturing and smuggling networks and extensive financial extortion.

Ahmed Hassoun faces charges related to direct incitement to violence and civil war, issuing speeches and fatwas that legitimized the targeting of civilians, as well as statements in which he threatened to send "suicide bombers" to Western countries.

In Atef Najib's case, he was charged with crimes against humanity, most notably ordering the shooting of protesters in Daraa in 2011, overseeing the torture and enforced disappearance of schoolchildren, and using his security position to commit widespread abuses.

Baraq faces charges related to writing malicious security reports that led to the arrest of hundreds of civilians, indirectly participating in killing under torture by reporting people knowing their fate, in addition to extorting money from the families of detainees.

Mechanism for Submitting Complaints and Testimony before the Court

The National Commission for Transitional Justice has identified clear and secure legal pathways that allow victims and their families to file complaints and testify against the symbols of the ousted regime, while ensuring the highest degree of privacy and protection. The complaints process is carried out through three main channels, including the Commission's encrypted electronic platform, regional offices in Damascus and the governorates, in addition to diplomatic missions and partner human rights organizations that receive files of Syrians abroad.

The testimony registration process begins with filling out the prosecution form, which includes the victim's data and identifying the person responsible, the date and location of the violation, before moving on to an initial hearing held by the investigating judges in person or online to verify that the statements match the available evidence. Once the evidentiary requirements are met, the personal prosecution is incorporated into the general case file referred to the competent criminal court.

Given the sensitivity of the files presented, the Commission has adopted a rigorous program to protect witnesses and victims, allowing testimony to be given behind a curtain or via video technology, with audio editing and image blinding, as well as withholding real identity when there are justifiable risks. The Commission also provides parallel psychological support during hearings and appoints pro bono lawyers to represent families who cannot afford the costs, ensuring a safe environment that encourages victims to testify without fear.

Sources to Syria News: Replacing the death penalty with life imprisonment

Sanctions handed down by Syria's transitional justice courts are based on a combination of the provisions of Syria's general penal code and the principles of international humanitarian law, including the standards contained in the Rome Statute of the International Criminal Court.

According to legal sources exclusively to "Syrian News", these sanctions focus on achieving deterrence and justice for victims away from any retaliatory nature, through three main tracks, including criminal, financial, and political penalties.

The sources said that severe penalties may be imposed on those accused of murder and systematic torture, and the issuance of liquidation orders such as Atef Najib and Wassim al-Assad, where the punishment is up to life imprisonment or aggravated imprisonment for a period of up to 25 years in central prisons.

  The temporary hard labour sentence of 10 to 20 years  is applied to sub-participants and informants, such as Abdel Nasser Baraq, who have been found to have indirectly caused arrest or harm, the sources said. In line with international standards, the death penalty is being replaced by life imprisonment to ensure international recognition of sentences and facilitate the prosecution of defendants fleeing the country.

Financial Penalties: Mass confiscation of funds and property

The sources predicted in statements to "Syrian News" that the sanctions will include a comprehensive confiscation of the movable and immovable property of the convicts, including real estate, companies and bank balances, with the possibility of expanding the confiscation to include first-degree relatives in case it is proven that they benefit from illegal influence, provided that these funds are transferred to a national fund to compensate the victims, which is allocated to provide direct financial support to the families of martyrs, detainees and the victims.

The sources stated that the sanctions at the political and administrative level stipulate the  complete dismissal of the convicts from any political or institutional role in the new Syrian state, including the permanent deprivation of the right to run for office, elect or hold public office, indicating that the convicts are expelled from the public service, the army and the security services, with the deprivation of pensions and end-of-service compensation. The penalties include the deprivation of certain civil and professional rights, such as preventing Ahmed Badreddine Hassoun from practicing public speaking and issuing fatwas, or preventing others from practicing sensitive professions such as lawyering.