Victims of Enforced Disappearance in Syria: A Bleeding Wound in the Heart of Human Justice
In the shadowed corridors of Syrian prisons, the echo of the cries of hundreds of thousands of victims resonates, swallowed by darkness without a trace. Since the Syrian revolution erupted in 2011, enforced disappearance has become a systematic tool employed by the Syrian regime to suppress opposition and instill fear in the population.
A report by Amnesty International highlights that Syria ranks among the world’s most implicated countries in crimes of enforced disappearance. Since March 2011, no fewer than 154,000 people have vanished in Syria.
The Syrian regime is held responsible for the disappearance of approximately 135,000 people, accounting for around 87% of documented cases. The remaining cases are attributed to other parties in the conflict, such as ISIS, the Syrian Democratic Forces, Jabhat al-Nusra, and some armed opposition groups.
The United Nations, through its Independent International Commission of Inquiry on Syria, has reported that over 100,000 individuals are believed to be forcibly disappeared in Syria. The actual number may be much higher due to the inability to access all areas to document violations comprehensively.
Real-Life Cases of Enforced Disappearance
Bassel Khartabil: A Bright Mind in the Darkness of Prisons
Bassel Khartabil (also known as Bassel Safadi) was a Syrian-Palestinian programmer and a human rights and internet freedom activist. On March 15, 2012, Syrian security forces arrested him in Damascus, and he disappeared shortly after. Three years later, in 2015, Bassel was transferred to an unknown location, and it was later announced that he had been executed that same year, with no details provided to his family or the public about the time and place of his death.
Bassel was a symbol of creativity and freedom, and his disappearance was a severe blow to the global tech community and the hope for a brighter future in Syria. His case highlights how the Syrian regime targets not only political opponents but also brilliant minds that could contribute to building a free and enlightened civil society.
Mazen Hamada: A Voice That Cannot Be Silenced
Mazen Hamada, a Syrian activist from Deir ez-Zor, witnessed unforgettable crimes. In 2012, he was arrested by Syrian security forces and subjected to horrific torture at Branch 215 prison in Damascus. After his release in 2014, Mazen fled to Europe and began exposing the Syrian regime’s crimes in international media. In 2020, Mazen unexpectedly returned to Syria after receiving vague assurances, but he disappeared again, and his fate remains unknown.
The Disappearance of Razan Zaitouneh: A Lost Icon of Freedom
In December 2013, Razan Zaitouneh, a prominent lawyer and human rights activist, was abducted along with her colleagues in Douma, Eastern Ghouta, believed to be by the ruling authorities at that time, the Army of Islam. More than a decade later, the fate of Razan and her colleagues remains unknown. Her abduction exemplifies how enforced disappearance targets not only individuals but also the voices of freedom and justice.
Enforced Disappearance in Syrian Law and International Agreements
Syrian Law: The Absence of Justice
The Syrian regime largely disregards crimes related to enforced disappearance. Despite legal provisions criminalizing illegal detention or torture in the Syrian Constitution, these laws are rarely enforced, and the judiciary is under the regime’s full control. The lack of accountability for those responsible for enforced disappearances is a key part of the regime’s mechanisms of repression.
On the contrary, several laws and decrees protect state security personnel from prosecution, allowing them to act with impunity. Among the most prominent of these laws are:
- Legislative Decree No. 14 of 1969: This decree established the General Intelligence Directorate in Syria and granted it wide powers. The decree prohibits the prosecution of security officers for any actions committed “in the course of their duties” unless authorized by the head of General Intelligence, making it extremely difficult for the judiciary to hold security personnel accountable.
- Legislative Decree No. 69 of 2008: This decree expanded immunity to cover all members and officers of internal security forces, preventing them from being prosecuted for crimes committed while on duty without their superiors’ approval.
- Legislative Decree No. 55 of 2011: Issued at the start of the Syrian uprising, this decree further strengthened the legal protection of security forces from prosecution, providing them with even more immunity from legal consequences.
These laws place security personnel above the law, reinforcing a climate of impunity and obstructing transitional justice efforts in Syria.
Enforced Disappearance Under International Law
According to the International Convention for the Protection of All Persons from Enforced Disappearance, which came into force in December 2010, enforced disappearance is considered a crime against humanity when practiced systematically. While Syria has not ratified the convention, the widespread violations committed by the Syrian government subject it to accountability under customary international law, as confirmed by the Independent International Commission of Inquiry on Syria.
The UN convention defines enforced disappearance as the arrest, detention, abduction, or any form of deprivation of liberty by state agents or groups acting with the state’s authorization or support, followed by a refusal to acknowledge the deprivation of liberty or concealment of the person’s fate or whereabouts.
The state is obligated to investigate these acts, prosecute those responsible, and provide protection to victims.
A 2022 UN report holds the Syrian government primarily responsible for enforced disappearances, documenting numerous cases where this crime has been used as a tool for political and social repression, in flagrant violation of international humanitarian law.
Recommendations for Addressing Enforced Disappearance and Ensuring Transitional Justice
The international community must continue to pressure the Syrian regime to reveal the fate of forcibly disappeared persons. The United Nations and influential states should prioritize this issue by imposing sanctions on individuals and entities involved in these crimes.
Despite the lack of political will within Syria, the newly established international mechanism for cases of enforced disappearance should be supported. This mechanism must be independent, with full authority to access documents and evidence, along with testimonies from survivors and families of victims.
Families of the disappeared require psychological and legal support. International and local organizations should assist them in filing legal complaints to international bodies. Additionally, comprehensive documentation of these crimes is essential for future trials or transitional justice commissions.
Revealing the fate of the disappeared is an integral part of Syria’s transitional justice process. A clear mechanism must be in place to investigate these crimes and punish those responsible. Transitional justice also requires reforming security and judicial institutions to ensure such atrocities are not repeated.
Towards Lasting Peace
Enforced disappearance remains a bleeding wound in Syrian society and a crime that cannot be ignored or overlooked in the pursuit of peace and justice for Syria’s future. Uncovering the fate of the disappeared and holding those responsible accountable is a crucial step toward rebuilding trust among the Syrian people and ensuring such crimes are never repeated. Achieving this demands international cooperation and sustained efforts from civil society to support victims’ families and work towards a more just and humane future for Syria.
Read the post in Arabic HERE
Al Moatasem Al Kilani
An attorney specializing in international criminal law, Al Moatasem Al Kilani is also a certified Trainer of Trainers (TOT) in international criminal law and international humanitarian law. Actively engaged in the fight against impunity for crimes committed in Syria since 2016, he has contributed to numerous cases involving the application of universal jurisdiction across European Union countries.
He holds a Master’s degree in International Criminal Law from Paris and is currently a PhD researcher in Law at the Higher School of International Relations in Paris. His work encompasses a range of cases focused on combating impunity and advancing the principles of transitional justice in Arab Spring countries.