Whitening Jails and Trials of the Factions detainees Old demands are renewed

Eldorar Alshamia Editor | 29 March, 2017

ElDorar AlShamia:


The renewed air raids on the detention centers of the revolutionary factions, the ongoing military battles and the recent mergers have had the notable effect of reminding those interested in the judicial aspects of the Syrian revolution to re-shed light on the issue of detainees in the jails of the factions and to demand either to release those not convicted of any offense and detainees because of factional disputes, or to refer to an independent competent court to adjudicate.

The Shura Council of Scholars took advantage of the outbreak of battles against the Syrian regime in Damascus and Hama issuing a statement calling for stopping the pursuit of the factions’ members because of their former affiliations and referring to the rights of others to an independent judiciary not affiliated with the factions. This allows the fighters whose their factions collapsed under the impact of internal fighting with others to participate in the battles against the Assad regime.

With the start of the battles in the northern countryside of #Hama, a number of judges and activists renewed their demands for the process of whitening the prisons except those sentenced for criminal acts." A former judge of Jaysh al-Fateh - a former member of the Shariah Committee - demanded that all factions, Ahrar al-Sham, Faylaq al-Sham and FSA to clear prisons of detainees in factional or tribal or personal disputes, believing that this is the most important reasons for victory.

In the last few weeks, a campaign has been organized on social networking sites in which many judges, sheikhs and preachers participated. The campaign called on the factions in general and Hayat Tahrir al-Sham and Jaysh al-Islam, especially to release of those arrested because of factional disputes, notably Abu Abdullah al-Khuli, a former leader of “Hazem movement” arrested by al-Nusra , and Abu Subhi Taha, commander-in-chief of what was formerly known as the Army of the Nation, which was dissolved following fighting against the eastern Ghouta factions, led by Jaysh al-Islam and his fate remains unknown.

In an attempt to get closer view to the merits of this legal file, ElDorar network had an interview with the Syrian Dialogue Center, which intends to issue a document of public rights and freedoms. Dr. Mohammed Salem, The Center's researchers are working on drafting a document of fundamental rights and freedoms in line with the identity and history of the Syrian people, to be presented later to the military and political forces and entities active in the Syrian revolution in order to achieve consensus on them.

The document took into account the need for human enjoyment of these rights and freedoms, regardless of race, religion and dender.

Dr. Salem expressed his hope that a genuine response would be achieved by the various revolutionary factions by adopting such a document in practice after presenting it to them during an upcoming discussion session which will include jurists, judges and leaders of various revolutionary factions. This aims firstly to improve the mental image of the Syrian revolution internally and in the external level, he expressed his regret over the neglect of this issue in the liberated areas by saying: "Although the Syrian revolution has launched since its inception the slogans of freedom and dignity, which are at the heart of human rights and freedoms, it has not been able through these revolutionary forces to enshrine such norms in their visions, structures or practices sufficiently, most of the visions and political discourses lost and kept away from the glamor freedoms and rights advocated by the early revolutionaries. "

"In our revolutionary situation, the issue of rights and freedoms is gaining an additional dimension, which is the principles of the revolution itself, which launched the slogans of freedom and dignity as the most important expression of the people's desire to attain their stolen rights," said Dr. Mujahid Abdul Razzaq Makhlati, head of the Syrian Dialogue Center. "Unfortunately, despite the importance of the idea of ​​rights and freedoms for the Syrian revolution, it could not be fixed in any political or legal document. The main reason for this is the belief among the revolutionaries that revolutions destroy existing regimes and do not create alternatives until they win, maybe this "The belief in the beginning of the revolution, but with the development of events and the emergence of liberated areas are not subject to the authority of the regime, and the length of the revolution, it was necessary to put the revolution itself as an alternative and a real choice desirable for the Syrian people, fills the vacuum left by the Syrian regime without the adoption of repressive practices.

“During the process of preparing the document "Freedoms and Fundamental Rights", most of the legal, constitutional and legal documents will be drawn up local, regional and international and especially the modern ones, including the Universal Declaration of Human Rights, The human rights document in Islam approved by the Organization of Islamic Cooperation, and the Universal Declaration on Human Rights in Islam adopted by the International Islamic Council, Dr. Ahmed Qirbi, director of the political dialogue program at the Syrian Dialogue Center said.

Several areas (most notably the eastern Ghouta and Idlib governorate) have seen protests have called for the release of detainees who have been arrested on the basis of factional fighting or internal conflicts without involving a criminal offense.

The question remains: Do experts, specialists and activists in this field open the door to solving this problem, and can their continuous mobility succeed in finding common ground for the various judicial institutions to work in accordance with them in terms of guaranteeing public rights and freedoms?