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Syria: Rights advocates warn of Assad allies' return

Families of the disappeared and legal experts are questioning the reemergence of figures linked to the former government as a transitional justice bill waits to reach parliament.

By Anthony Shevchenko ·

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Syrian President Ahmad al-Sharaa defended financial settlements with figures tied to former President Bashar al-Assad's government during a September meeting with members of the diaspora in New York. He said authorities seized about 80% of assets belonging to businessman Mohammed Hamsho while allowing him to keep the portion determined not to be unlawfully acquired. Al-Sharaa said companies linked to Hamsho provide employment for approximately 40,000 people, and argued that confiscating all assets could jeopardize those jobs. He also said a settlement would not shield Hamsho from criminal prosecution if he were found responsible for other offenses.

The debate over these arrangements sits alongside a separate dispute about the fate of the missing. Hussein al-Tawil said his brother, Ali Ahmad al-Tawil, a 29-year-old civilian from Jabal al-Zawiya in the Idlib countryside, disappeared in Damascus in late 2011 at the hands of militias loyal to Assad. Following the collapse of Assad's government, the family hoped Ali might be among detainees released from prisons or located in newly accessible detention records. They found no trace of him, and they received neither a death certificate nor an official explanation.

Al-Tawil said he has watched figures who supported Assad reappear in public life, with some seeking proximity to Syria's new authorities. "We had hoped for transitional justice that would hold criminals accountable, and for moral justice that would remove from public life those who supported Assad through the media, arts, politics, and sports," al-Tawil said.

Political activist Jubair al-Sukkari said Assad's removal has not produced the changes many Syrians expected. He criticized the appearance of former government figures in institutions established during the transition, including those handling transitional justice and the preservation of memory. He cited the appointment of Futah Saqr, whom he described as having a Baathist background and family ties to figures linked to the former government, to a role at the National Commission for Transitional Justice involving historical memory and archives. The Media Line has not independently verified Saqr's position, her responsibilities, or the background described by al-Sukkari. Al-Sukkari also raised questions about Fadi Saqr, a figure formerly associated with the pro-Assad National Defense Forces. He said there are allegations of abuses involving pro-government armed groups in Damascus and other parts of Syria, and called for investigations into suspects.

Al-Sukkari said backing Assad does not necessarily mean a person committed crimes. "There is a difference between a supporter and a criminal," he said.

Bishr al-Hawi, a member of Syria's People's Assembly, said the political return of former government figures and the continued economic activity of businessmen linked to Assad must be distinguished. He said former political figures have not returned to their previous positions of influence, while some businessmen have negotiated settlements and retained portions of their wealth. Al-Hawi said traders and business figures associated with the former government have resumed economic activities but are less prominent than they were under Assad. He said Syria needs the resources some of them possess.

Al-Hawi also said delays in implementing transitional justice continue. "The transitional justice file has not received the momentum we had hoped for," al-Hawi said. He said the People's Assembly seeks to accelerate the process with the relevant executive institutions. Al-Hawi said the assembly has not yet received a draft transitional justice law from the National Commission for Transitional Justice, and that the legislature is waiting for the proposal before beginning its review.

Al-Moutassim al-Kilani, a researcher specializing in international criminal law, said the reintegration of individuals associated with the former government must follow legal standards that protect victims' rights. He said support for Assad alone does not establish criminal responsibility, and that accountability must rest on specific conduct and evidence. Al-Kilani warned that financial settlements could produce impunity if money, personal connections, or political influence obstruct investigations. "Recovering the money is a duty, but it does not pay the price of torture, killing, or enforced disappearance," al-Kilani said. He said recovering assets does not extinguish criminal liability or eliminate victims' rights to truth, justice, and reparations. "Changing loyalties does not dismantle a corruption network, and changing faces is not enough if the same mechanisms of control remain in place," al-Kilani said.

The National Commission for Transitional Justice has previously stated that economic settlements do not constitute pardons for serious violations and do not grant immunity from criminal prosecution.

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