Eight months have passed since the overthrow of Syria’s former regime, a period marked by major events, most notably the violence in the coastal region and in Suwayda. Both incidents left many dead and wounded, prompting the formation of investigative committees.
For decades, Syria’s judiciary had been an arm of the Assad regime. Courts were politicized and operated within the boundaries set by those in power, stripped of real independence under the dominance of security agencies. After the regime’s collapse, the judicial system entered one of its most critical and difficult phases, burdened by entrenched corruption and facing a maze of political, administrative, and legal challenges.
Public opinion remains split on the state of justice today, especially after the National Committee for Investigation released its report on the coastal events last March, and a new committee was formed to investigate the Suwayda incidents. Some see progress toward judicial independence. Others argue the courts remain constrained, unable to fully enforce the law without political interference, and that reform will require major legal changes and far greater autonomy from the executive branch.
In an interview with +963, UK-based lawyer and international law expert Bassem Tablieh discussed the challenges facing Syria’s courts, the possibility of establishing a functioning civil legal system, and how corruption and inefficiency could derail transitional justice efforts.
How do you view the findings of the coastal and Suwayda investigative committees?
The coastal investigation committee’s findings were limited and kept by President Ahmad Al-Sharaa. Names of those implicated in killing Syrians were withheld to prevent them from fleeing, with the file sent to the public prosecutor for action. This means it’s too early to judge the committee’s impartiality or accuse the state of lacking credibility. The same applies to the newly formed Suwayda committee, which I believe was created without direct government pressure or interference.
Does Syria’s judiciary still suffer from decay and corruption, and how does that affect justice?
Yes. Like most state institutions, the judiciary is plagued by inefficiency and a legacy of corruption. There’s also a severe shortage of judges. Efforts are underway to restructure the Justice Ministry and legally remove corrupt judges, but the lack of personnel causes delays in rulings and risks mistakes, especially from inexperienced judges.
With new laws expected soon the shortage of skilled staff, both in law enforcement and the judiciary, will remain a major obstacle to delivering justice. Meeting these challenges will require creating new courts, passing updated legislation, training judicial staff, and setting clear rules for their work. Failure to do so could lead to civil conflict and cycles of revenge.
What are the biggest challenges to judicial independence right now?
First, there’s a shortage of qualified professionals, as many former judges are accused of helping the old regime commit abuses, sending people to notorious prisons without evidence.
Second, low salaries push some judges and ministry staff toward bribery and corruption. On top of that, much evidence and documentation from past cases has been lost, making justice even harder to achieve.
Can civil society play a role in Syria’s investigations?
Yes. Civil society groups can submit evidence to support justice efforts, leaving it to the committees to decide what to use. Their involvement is important, provided it doesn’t interfere with the committees’ mandate.
Does the judicial system need reform to fit the current stage?
Absolutely. Syria’s judicial system must be restructured. Old laws need updating, and new ones must address crimes committed over decades, among others terrorism, incitement, sectarian violence, and more.
Reform should go hand in hand with changes to administrative and local systems, allowing courts to be distributed across the country based on the scale of victims and expected case volumes.
Can Syria have a genuine civil legal system in the near future?
It’s possible, but it won’t be easy. New laws must be drafted and approved by Parliament, covering issues like property rights, personal status, and contracts. While challenges and legal inadequacies are inevitable, Syria can’t simply copy another country’s laws. Its unique social and political context, and the fact it’s emerging from a 14-year war, means its laws must be tailored carefully.
This includes investment laws and a balanced legal framework that opens the door to cooperation with Arab, regional, and international partners.
