Judicial Independence in Syria’s Transition

An assessment of persistent executive influence on the structure and functioning of the judiciary

This report examines the overreach affecting judicial authority and judicial independence in Syria during the transitional period following the fall of Bashar al-Assad’s regime on December 8, 2024. It presents and analyzes the procedures, decisions, and appointments that affected the structure of the judiciary, both during the caretaker government period and after the issuance of the Constitutional Declaration and the formation of the transitional government. The report also presents the legal framework governing the judiciary in light of the constitutional changes that accompanied this period and assesses the extent to which the existing legal framework governing judicial work and the procedures adopted comply with the constitutional guarantees established by the Constitutional Declaration and international standards related to judicial independence.

The report concludes with a set of recommendations concerning the necessary reforms to the constitutional and legislative framework governing the work of the judiciary. These reforms aim to strengthen judicial independence, enshrine the principle of separation of powers, and ensure the judiciary’s ability to fulfill its role in protecting rights and freedoms and establishing the rule of law during the transitional period.

The report concludes with a set of recommendations concerning the necessary reforms to the constitutional and legislative framework governing the work of the judiciary, aimed at strengthening judicial independence, enshrining the principle of separation of powers, and ensuring the judiciary’s ability to fulfill its role in protecting rights and freedoms and establishing the rule of law during the transitional period. Key recommendations include:

• Integrating judicial reform within a comprehensive national framework for transitional justice, linking it to the objectives of accountability, truth-seeking, reparations, and guarantees of non-repetition.
• Adopting constitutional, legislative, and institutional reforms that strengthen both the institutional and functional independence of the judiciary and limit executive interference, particularly in matters of appointments, dismissals, and transfers.
• Reviewing and amending the legal framework governing the judiciary to align with constitutional guarantees and international standards, including ensuring the full independence of the Supreme Judicial Council from the executive branch.
• Activating the Supreme Constitutional Court and ensuring its independence by expediting the adoption of its governing law and establishing it on a basis that guarantees effective constitutional review of legislation and executive action.
• Strengthening the independence of the administrative judiciary and enhancing its role in overseeing the legality of executive actions during the transitional period.
• Adopting a comprehensive legal and institutional vetting mechanism for judges and public prosecutors, based on criteria of integrity, independence, and non-involvement in serious violations, while ensuring due process guarantees.
• Ensuring the independence of the Bar Association and reforming the legal framework governing the legal profession to prevent any external interference and to strengthen fair trial guarantees.
• Linking judicial reform to broader reforms of the Ministry of Justice, the security sector, and law enforcement agencies, in order to ensure effective judicial oversight and prevent the re-emergence of patterns of impunity.