INVESTMENT OF CONFISCATED FUNDS, AND A NEW EPISODE OF HLP RIGHTS VIOLATIONS A STUDY OF LAW 26 OF 2023
Date: August 2024
HLP (Housing, Land, and Property) rights in the Syrian context are no longer solely linked to property ownership but have become intertwined with fundamental issues such as societal fabric, the right of return, political rights, peacebuilding, and transitional justice. Defending these rights is a defense of the Syrian people’s right to democratic transformation and resisting the Syrian regime’s policies aimed at perpetuating displacement and altering the social structure.
In this context, “The Day After” conducted a study on the investment of confiscated funds, focusing on Law 26 of 2023. This law discusses the confiscation of properties through exceptional court rulings and is part of a series of laws issued after 2011 designed to punish opponents and reward supporters. The law transfers ownership of confiscated properties to public entities, preventing rights holders from reclaiming their properties in the future.
Despite the existence of a constitutional provision prohibiting general confiscation, the Counter-Terrorism Court Law mandates it, allowing the regime to use the court to strip opponents of their properties. The new law further reinforces this trend by preventing any chance of reclaiming confiscated properties by transferring them to the private sector.
The study also reviewed other laws that support this approach, such as the State Property Law and the Local Administration Law, which illustrate how these legislations work to permanently strip rights holders of their properties.
In conclusion, the study made several recommendations on both national and international levels, including:
– Demanding that the Syrian regime repeal Law 26 and the Counter-Terrorism Court.
– Supporting civil society organizations in documenting HLP rights violations.
– Pressuring the Syrian regime through the international community to repeal these laws and related violations.
– Holding those involved accountable through international and national mechanisms.
– Emphasizing the need to include HLP rights in any political solution to ensure the restitution of confiscated properties and reparation.
