{"id":17182,"date":"2022-05-25T01:00:37","date_gmt":"2022-05-24T22:00:37","guid":{"rendered":"https:\/\/stj-sy.org\/syria-amnesty-decree-no-7-is-an-inadequate-step-considering-law-no-19-and-the-counter-terrorism-court\/"},"modified":"2023-03-28T13:25:19","modified_gmt":"2023-03-28T10:25:19","slug":"syria-amnesty-decree-no-7-is-an-inadequate-step-considering-law-no-19-and-the-counter-terrorism-court","status":"publish","type":"post","link":"https:\/\/stj-sy.org\/en\/syria-amnesty-decree-no-7-is-an-inadequate-step-considering-law-no-19-and-the-counter-terrorism-court\/","title":{"rendered":"Syria: Amnesty Decree No.7 is an Inadequate Step Considering Law No. 19 and the Counter-Terrorism Court"},"content":{"rendered":"

On 30 April 2022, the Syrian regime issued Legislative Decree No. 7<\/a> of 2022, granting a general amnesty for crimes of \u201cterrorism\u201d committed by Syrians before the date. The decree excluded the fatal crimes, included in the Counter-Terrorism Law<\/a> No. 19 of 2012, the Penal Law<\/a> issued by Legislative Decree No. 148 of 1949, and its amendments of 2011.<\/p>\n

Article 2 of Decree No.7 states: \u201cThis amnesty will only drop the public but not the personal claims against offenders; those aggrieved still can file complaints to competent civil courts.\u201d No legislative authority shall have the right to deprive victims from filing compensation claims.<\/p>\n

Deputy Justice Minister, Nizar Sedkni, stated<\/a> in an interview with the state-run Syrian Arab News Agency (SANA) that the amnesty includes Syrians convicted of various crimes, including working with terrorist groups, financing or training terrorism, manufacturing means of terrorism or disturbing security; and that the amnesty does not apply to terrorists who have arrived in Syria from around the world.<\/p>\n

Crimes of Terrorism According to Syrian Law <\/strong><\/h4>\n

Syria\u2019s Counter-Terrorism Law No.\u00a019 of 2012 defines an act of terrorism in its first article as: \u201cEvery act intended to create panic among people, disturb public security, damage the infrastructural or institutional foundations of the state, that is committed via the use of weapons, ammunition, explosives, flammable materials, poisonous products, or epidemiological or microbial instruments \u2026 or via the use of any tool that achieves the same purpose.\u201d[1]<\/a><\/p>\n

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Article 14 of Counter-Terrorism Law No.\u00a019 of 2012 repealed Articles (304 to 306) of the Penal Code issued by Legislative Decree No. 148 of 1949 and its amendments, which defined terrorist acts in its Article 304 as: \u201cAll acts intended to create a state of fear which are committed by means such as explosives, inflammable materials, poisonous or burning products or epidemic or microbial agents likely to cause public danger\u201d. Moreover, Article 305 defines conspiracy as a terrorist act and Article 306 states: \u201cAny association established with intent to change the economic and social nature of the State or the fundamental conditions of society by any of the means referred to in article 314 shall be dissolved and its members condemned to a term of hard labor.\u201d<\/p>\n

Law 19 of 2012 abolished the terrorism financing penalty stipulated in Article 14 of the Anti-money Laundering and Financing of Terrorism Law<\/a>, promulgated by Legislative Decree No. 33 of 2005 and its amendments, and Law No. 26 of 2011<\/a> on arms smuggling.<\/td>\n<\/tr>\n<\/tbody>\n<\/table><\/div>\n

Notably, dozens of those released under the recent amnesty were arrested many years ago and had made appeals before the now dissolved Supreme State Security Court (SSSC)<\/a>, the predecessor of the Counter-Terrorism Court CTC, in accordance with the terrorism-related articles\u00a0from the Penal Code (Articles 304 to 306).<\/p>\n

What Acts of Terrorism and Crimes Against State Security are Not Covered by the Amnesty? <\/strong><\/h4>\n

On 2 July 2012,\u00a0 Syria’s President Bashar al-Assad issued Decree 20\/2012<\/a>, providing for the dismissal of any civil servant who is\u00a0 convicted by a final court judgment after being proved to be involved in a terrorist activity as an author, instigator, accomplice, or accessory, or found guilty for joining a terrorist group and\/or providing material or moral assistance to terrorism in any way (Articles 1 and 2).<\/p>\n

In practice, this Decree was applied to workers in the private sector; STJ documented cases of workers in both public and private sectors who were arbitrarily dismissed and deprived of their pension rights, social security, and even their freedom. The dismissal of the workers were often under unfair sentences or malicious reports. Amnesty Decree No. 7 of 2022 does not address these workers and address these injustices, despite \u00a0difficult living conditions in Syria.<\/p>\n

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In 2012, the Syrian government issued three terrorism-related laws, Law No. 19, Law No. 20, and Law No. 21<\/a>, which amended Article 556 of the Syrian Penal Code of 1949 on crimes that affect freedom and honour. However, Decree No. 7 does not cover any of the victims of these laws.<\/td>\n<\/tr>\n<\/tbody>\n<\/table><\/div>\n

Moreover, Decree No.7 does not cover thousands of Syrians who were tried in present or in absentia for committing offenses against State security, under provisions in the Penal Code issued by Legislative Decree No. 148 of 1949 before amendments. The provisions include:<\/p>\n