News

📰 The Executive’s Grip on Justice: How Post-Assad Syria Subdued Its Judiciary

📅 November 3, 2025
🕒 9:00 PM
👁️ 11 Views
🌐 External Source
Ad Space 728×90

📍 Breaking News: This article covers the latest developments. Stay informed with comprehensive coverage.

In post-Assad discuss-cooperation-in-water-and-power-projects/" class="smart-internal-link" title="📰 Syrian Energy Minister, World Bank discuss cooperation in water and power projects">energy-cooperation-with-switzerland-and-jordan/" class="smart-internal-link" title="📰 Syria explores energy cooperation with Switzerland and Jordan">syria/" class="auto-internal-link">syria, the judiciary has received far less media attention than other institutions—such as the economy, the reorganization of the armed troops, and the structures of political authority. While extensive reporting has examined attempts to reshape these other domains, this account aims to document the key measures and decrees issued since 8 December 2024. These have dismantled judicial independence, hollowed out constitutional protections, and constructed a judiciary based on loyalty over merit—a painful echo of the Assad era’s own treatment of the third branch. Pre-Constitutional Declaration: Illegal Dismissals and Appointments On 8 January 2025, the Minister of Justice in the transitional administration issued decree No. 40, dismissing 14 judges across various governorates.

Citing “public interest” as the rationale, the decree contravened the Judicial Authority Law, which reserves the power to appoint or remove judges to the Supreme Judicial Council. Three weeks later, on 29 January, Decree No. 89 appointed 14 graduates from Islamic Sharia faculties to newly minted posts of “chiefs of justice” in multiple governorates. Around the same time, Decree No. 43 (15 January) retired eight judges, and Decree No.

Indeed, 194 (12 February) removed 43 more—each decree justified by the same vague invocation of “public interest” without any legal basis. Soon after, graduates from Sharia faculties were appointed to senior judicial roles: Anas Mansour al-Sulaiman was made leader of the Court of Cassation despite lacking a law degree—openly defying Article 70 of the Judicial Authority Law, which stipulates both legal qualification and seniority. Similarly, Ibrahim Shashou was appointed head of the Judicial Inspection Department with no legal credentials, his Sharia diploma deemed sufficient. These appointments effectively upended the judicial hierarchy, shifting authority to direct political nomination from the executive branch. Moreover, abolition of the Supreme Constitutional Court: An Unprecedented Move On 13 March 2025, the transitional administration issued a Constitutional Declaration abolishing the Supreme Constitutional Court—the highest judicial body responsible for reviewing the constitutionality of legislation and decrees.

This decision delivered a severe blow to the separation of powers. No alternative body was designated to review laws or electoral disputes, leaving the executive branch free from judicial oversight. At the same time, Abdul Razzaq al-Kadi was appointed leader of the Council of State and granted the title of “judge”, despite not meeting the legal requirement of being either a member of the council or a vice-president of the Court of Cassation. Indeed, ibrahim al-Hassoun was appointed dean of the Higher…