Politics

Mazen Darwish: Assad must be publicly tried in Syria

In an interview with Al Majalla, the head of the Syrian Center for Media and Freedom of Expression says that accountability is key to ensuring peaceful coexistence in a country torn apart by war

AFP

Mazen Darwish (centre) speaks to reporters outside the court where former Syrian intelligence officer Anwar Raslan is on trial in Koblenz, western Germany, on January 13, 2022.

Mazen Darwish: Assad must be publicly tried in Syria

Al Majalla - London

last update on 28 Dec 2024

In an exclusive interview with Al Majalla, Mazen Darwish, head of the Syrian Center for Media and Freedom of Expression, says that former Syrian president Bashar al-Assad bears the brunt of responsibility for the array of crimes perpetrated against the Syrian people during his tenure and vows to extradite him so that he could be held to account for his criminal actions.

In an interview with Al Majalla, he promised that "once a national pathway for transitional justice is established", moves to extradite al-Assad and his accomplices will be undertaken so that they will face justice in a free Syria, describing the move as "integral to Syria's recovery effort and steps toward national reconciliation."

Darwish explains that “following the regime’s fall, we now have an extensive treasure trove of evidence, documents, orders, and other details about the regime's victims and mass graves.” He called for an immediate halt to “tampering with evidence and the exhumation of mass graves, as these actions could hurt accountability efforts and hinder the potential for uncovering the truth for victims and their families in the future", estimating the number of documented missing people to be “more than 110,000.”

Commenting on the settlements reached with certain former regime officials, Darwish remarked: “As Syrians, we once believed that the fall of the regime would lead to massacres and bloodshed, whether politically or along sectarian lines. So far, the situation has been surprisingly positive overall, despite some sporadic violations.” He added, “I had hoped the issue could be resolved through a general amnesty or superficial reconciliations, but unfortunately, the reality is far more complex. I believe accountability should be the cornerstone of a national process for transitional justice.”

Below is the full transcript of the interview conducted via Zoom with Darwish, who resides in Paris.

AP/Hussein Malla — A man displays nooses inside Sednaya prison, north of Damascus.

After the fall of al-Assad's regime, more details of torture and executions in his prisons, including the infamous Sednaya Prison, have emerged. How can the emerging evidence be used to ensure accountability and justice?

Following the regime’s fall, we now possess an extensive treasure trove of evidence, documents, orders, and other details concerning the victims and mass graves—an immense body of evidence supporting everything we knew was occurring in Syria for decades.

Unfortunately, some of this evidence is being mishandled and tampered with. Such acts, including the random exhumation of mass graves, can severely compromise accountability efforts and obstruct the potential for uncovering the truth for victims and their families in the future.

The first essential step is to secure and preserve these sites, prohibiting access—even to journalists—whether they are former security headquarters, prisons, or mass grave locations. Current local resources are clearly insufficient to manage this vast body of evidence, particularly regarding mass graves and DNA analysis.

Given the scale of what has unfolded in Syria, I had initially hoped the issue could be resolved through a general amnesty, superficial reconciliations, or a straightforward “set people free” approach. Unfortunately, the reality is far more complicated.

A national process for transitional justice, with accountability as its central pillar, is essential to achieving civil peace

Mazen Darwish, Head of Syrian Center for Freedom of Expression

A national process for transitional justice, with accountability as its central pillar, is essential to achieving civil peace. The absence of accountability, I believe, would open the door to widespread acts of individual vengeance, plunging Syrian society into instability and potentially even civil war. Therefore, establishing a comprehensive national framework for transitional justice, with accountability at its core, is imperative.

However, accountability must be approached objectively and be part of a national consensus, steering clear of the pitfalls of victor's justice or selective, retaliatory measures. A balanced and measured approach is key—one that delivers justice to victims from all sides while ensuring major perpetrators and violators are held to account. This pathway should extend beyond criminal accountability to include measures such as political disqualification and banning some individuals from participating in public or political life in Syria.

The Syrian conflict is profoundly complex. In the beginning, the Syrian people protested in favour of change and reform peacefully, but over time, the conflict evolved into a civil war with sectarian, ethnic, and regional dimensions. We have even witnessed infighting between elements of the Syrian rebel factions, which could pose a threat in the future.

Furthermore, the role of terrorism and extremism, including the atrocities perpetrated by the Islamic State (IS), cannot be ignored. Addressing such threats requires a careful and systematic approach, not band-aid solutions.

The conflict's many layers—foreign militias, regional powers, and other actors—must be unravelled and addressed comprehensively. Without question, the Syrian conflict stands as one of the most intricate and multifaceted crises of our time.

While the idea of forgiveness—a general amnesty or a simple "set people free" approach—may seem noble in essence, it could have catastrophic consequences.

While the idea of forgiveness—a general amnesty—may seem noble in essence, it could have catastrophic consequences

Mazen Darwish, Head of Syrian Center for Freedom of Expression

So, then, should accountability be pursued at the local or international level? Or should it be a combination of both?

I have always preferred a national process. Even during trials in places like Koblenz (Germany) or Paris, when courts issued their verdicts, I often thought, "If only this were happening in Damascus."

However, considering that many individuals accused of war crimes and crimes against humanity, including Bashar al-Assad and others, have fled Syria, a combination of local and international tools is necessary. Additionally, certain crimes, such as the use of chemical weapons in Syria, hold unique and global significance due to their severity. One potential step for the new administration could be Syria's accession to the Rome Statute and its membership in the International Criminal Court to address these violations.

What about Bashar al-Assad, who is currently in Moscow?

Bashar al-Assad bears political, moral, legal and criminal responsibility for what has happened in Syria, including the majority of crimes. French courts have already issued an arrest warrant against him.

I believe that once a national pathway for transitional justice is established, the authorities in Syria at that time must seek his extradition, along with other criminals. This process is integral to efforts toward national reconciliation. They should be tried publicly and transparently in Syria.

OMAR HAJ KADOUR / AFP — A portrait of Syrian President Bashar al-Assad is pictured with its frame broken in a Syrian regime's Political Security Branch facility on the outskirts of the central city of Hama following its capture.

You have worked extensively on trials in Koblenz and other European countries in recent years. Where do these trials stand now in light of recent developments? Have you sought or obtained specific documents to present in these trials?

We have been collaborating with judicial authorities in multiple countries on this matter. Our conviction and plan are for these courts to eventually transfer all related files, complaints, and even detainees to the Syrian legal authorities once a capable and functional judicial system is established in Syria.

This includes the transfer of all trials, evidence, and investigations conducted. So far, we have successfully issued 15 international arrest warrants against senior officers, including Bashar al-Assad and Maher al-Assad, through the centre. Even for trials involving other parties, I believe all these proceedings should culminate in the transfer of files, evidence, and detainees to the new legal authorities in Syria.

Do you think this could happen?

It depends on the nature of the political transition that unfolds in Syria. If we achieve a credible political transition and establish a sound legal and judicial system that meets global standards, then this transfer should take place.

We will continue to advocate for this direction. Ultimately, these crimes and violations occurred in Syria, and they targeted Syrians. Our turning to justice systems in other countries or international justice was only done because we couldn't pursue justice in Syria at the time.

Now that a window of opportunity has presented itself, we must seize it. This is not solely about justice for the victims or about holding criminals and violators to account—although that is important—it is more about ensuring a sustainable peace in Syria and the possibility of coexistence in a society that was pitted against each other.

Justice in Syria is one of the most critical pillars for building the future Syrian state, ensuring its stability, and fostering peaceful coexistence among all its citizens.

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