Publication date: May 2021
Most countries in the world acknowledge that the principle of general amnesty complements a state’s criminal justice system. It is usually a tool in the hands of Parliament used in very special and specific cases, with the aim of healing a societal rift or addressing the effects of a previous rift. Amnesty for minor crimes is an opportunity to help society recover and to turn a new leaf from a past that may have witnessed unrest or conflict.
It can also be issued in special cases such as outbreaks of epidemics to reduce overcrowding in prisons, in which case amnesty may be granted for minor crimes. It may also be granted to a specific group of prisoners of conscience to reflect a new stage in the country’s move towards democracy. General amnesty does not at all mean reduced punishment for common criminals.
In Syria, however, amnesty has become a tool in the hands of the Syrian regime to pardon criminals; we see amnesty laws issued as frequently as almost every year and they cover drug crimes, smuggling and illegal currency trade, while excluding crimes that political opponents are usually accused of. As an example of this, three amnesty laws were issued by the regime in the first year of the revolution aiming to discredit the uprising.
Furthermore, although the Syrian constitution stipulates that general amnesty is the prerogative of the People’s Assembly, it was, as usual, issued in the form of a legislative decree by the President.
For prisoners of conscience, this amnesty was no different from those preceding it; composed of a number of articles, it did not cover most of the crimes usually attributed to members of the opposition, resulting in the release of many criminals while prisoners of conscience remained in prison. As they had not been brought to trial, prisoners of conscience remained lost in security basements and secret prisons that lie outside the domain of this law.
Finally, the report explains in detail the articles of Amnesty Law, with an explanation and clarification of the articles covered by laws.
Main findings of the analysis include:
- The regime continues to ignore the provisions of the Constitution and to issue amnesty laws through its President, contradicting these provisions that stipulate the authority of the People’s Assembly in issuing amnesty laws.
- Amnesty laws cover several crimes habitually committed by individuals who revolve around the regime, such as smuggling, drugs and illegal currency trade. It also included for the first time crimes of prostitution.
- The regime grants general amnesty at a rate of about once a year, which can only be understood as an attempt by the regime to use criminals to maintain its hold on power.
- Most prisoners of conscience find themselves excluded from amnesty, as the regime usually targets them with a host of charges not covered by amnesty law.
- Prisoners of conscience and opposition members who have not been brought to trial will not be covered by the amnesty law; therefore, it is ineffective to those lost in security basements.
- Many Syrians consider the regime President to be the greatest criminal of all and believe he should be requesting amnesty, not granting it.
- Amnesty should be a step to build peace following a political solution, to pardon minor crimes and make room in prisons for major violators and perpetrators of war crimes and crimes against humanity.
- Perhaps this amnesty is the only thing that the regime President possesses to use as electoral propaganda for a new presidential term, directed at a group he considers close to him.
