📰 Unlawful Detention in Transitional Syria: A System in Disarray

Since the day after the fall of the former regime, Syria’s prisons and courts have entered a transitional phase marked by clear disorder in the handling of judicial files and by overlapping authority between security bodies and the judiciary. Although the transitional administration has declared plans to restructure judicial institutions and overhaul the court system, detention centers continue to operate under the same old procedures. Notably, detention without judicial warrants persists, and referrals to the public prosecution remain subject to delay. This turmoil has directly affected the work of lawyers, who find themselves dealing with judicial, security, and police entities that continue to restrict visitation, attendance, and legal representation despite the political changes in the country.

While some courts have resumed operations, numerous files remain suspended, particularly those related to smuggling or violations committed under the former regime. Clear mechanisms for addressing old confessions or reviewing pre-transition rulings are still absent, as per statements obtained by Enab Baladi. This report examines the operations of detention units and police stations, the procedures applied in dealing with lawyers and detainees’ families, and the extent to which the Criminal and Civil Procedure Codes are implemented in practice. Enab Baladi has repeatedly sought answers from the Ministry of Justice regarding the questions and complaints raised, but the Ministry has not responded as of the date of publication.   The Minister of Justice on the State of the Courts A review of statements by authorities in the Syrian Ministry of Justice shows the Ministry acknowledging a significant backlog of cases and slow judicial procedures.

Despite official talk of improving services, there is no mention of arbitrary detention or the persisted prevention of lawyers from accessing their clients. Ministry circulars issued after the regime’s fall have focused more on controlling prisons than on reinforcing defense rights or detention guarantees. Last July, during an expanded meeting with public prosecutors and court presidents, Minister of Justice Mazhar al-Wais stated that: the judicial system is functioning in all provinces despite difficulties judicial services provided to citizens have improved a “clear change in work dynamics and sense of responsibility” has taken place These remarks, declared by the state news agency SANA, came during a meeting in Damascus where interventions focused on accelerating judicial work and addressing the backlog of cases. Notably, lawyer Barred from Attendance, Representation, and Visitation Lawyer “A.

Z. ”, who requested anonymity, informed Enab Baladi that lawyers are not permitted…