Practical Foundations for Guaranteeing the Independence of Judicial Power in Syria
This paper examines the reform of the Syrian judiciary and the strengthening of judicial independence as a cornerstone for protecting rights and freedoms, upholding the rule of law, and rebuilding state institutions during the transitional period. It argues that judicial independence requires more than protecting judges from interference; it calls for comprehensive institutional and legislative reform across the judicial system and its supporting bodies.
The paper focuses on reforming the institutions that safeguard judicial independence, particularly the Supreme Judicial Council, the Constitutional Court, the Judicial Inspection Department, and the Legislation Department, while also improving judicial appointments, professional and academic development, and the professional and financial conditions of judges. It further emphasizes the need to reform the Public Prosecution, the legal profession, and auxiliary judicial institutions, particularly the judicial police, to strengthen human rights protections, criminal investigations, and the enforcement of judicial decisions.
The paper also calls for updating Syria’s legislative framework to reflect contemporary legal and technological developments, including e-litigation and electronic notification, alongside improving court infrastructure and expanding digital services to reduce administrative burdens and opportunities for corruption. It concludes that judicial reform must be comprehensive, beginning with institutional independence from the executive branch and extending to legislation, personnel, infrastructure, and supporting institutions, with the ultimate aim of restoring public confidence and establishing an independent, effective, and rights-based judiciary.
