The Criminal Court in Damascus sentenced Bashar al-Assad and his brother Maher al-Assad to death in absentia on August 11, 2026, following convictions for war crimes and crimes against humanity, according to court documents cited by Al Jazeera. Presiding judge Fakhr al-Din al-Alyan delivered the final, unappealable rulings after a panel found the defendants directly responsible for systematic torture and premeditated murder during the 2011 uprising.
Damascus Criminal Court Issues In Absentia Death Sentences
According to the Damascus Criminal Court’s ruling dated 28 Safar 1448 Hijri, Bashar al-Assad was unanimously convicted of premeditated murder, the killing of multiple persons including children under the age of fifteen, and torture amounting to crimes against humanity and war crimes. The court designated him a fugitive defendant and imposed the maximum penalty permitted under Syrian law.
Alongside the former president, the court issued death sentences for six other fugitive defendants. These include Maher al-Assad, commander of the Fourth Armored Division; former Defense Minister Fahd Jassem al-Freij; former Air Force Intelligence chief Jamil al-Hassan; as well as Qusay Mihoub, Rafiq Nasir, and Talal al-Asimi, based on official court records reported by Al Jazeera.
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The Damascus Criminal Court proceedings utilized a national legal precedent in transitional justice by permitting certain public witnesses to testify anonymously under assigned numbers to protect their identities from retaliation, according to court statements reported by Al Jazeera.
Atef Najib Convicted for Role in Daraa Crackdown
In contrast to the fugitive defendants tried in absentia, former Political Security Directorate head in Daraa Atef Najib stood trial in person following his arrest in Latakia on January 31, 2025, with public proceedings opening on April 26, 2026. The court convicted Najib in a personal appearance of premeditated murder, torture, unlawful detention, and kidnapping, sentencing him to death.
Additional convictions against Najib included a life sentence for acts intended to provoke civil war and sectarian conflict, five years for public funds theft, and six years plus a one-million Syrian pound fine for money laundering, with the court ordering the sentences merged to execute the harshest penalty of death. According to the court’s findings detailed by Al Jazeera, Najib directed snipers and armed personnel on top of the Political Security building, blocked ambulances, removed wounded individuals, and detained victims’ bodies during the outbreak of protests in Daraa in 2011.
During the proceedings, Najib entered a blanket denial of all charges, repeatedly dismissing witness accounts as internet rumors and stating, “I do not accept the testimony,” as documented by Al Jazeera’s reporting from the courtroom. Judge al-Alyan noted that Najib displayed no remorse or apologies, leading the court to withhold any discretionary sentence reductions.
Legal Framework and Reparations for Victims
According to the court, the rulings are final and not subject to appeal or petition because the offenses constitute crimes against humanity. Judge al-Alyan stated that the national judicial process operates in coordination with international justice standards while remaining anchored in domestic courts.
The court also mandated reparations for victims as a necessary component of transitional justice, drawing on Article 75 of the Rome Statute alongside domestic and international legal frameworks. The judgment orders the convicted individuals to pay compensation to civil claimants, while preserving the legal rights of missing persons’ families and those who have not yet filed claims.
Political Implications and International Enforcement
The verdicts mark the first time a Syrian court has criminally indicted the former head of state personally for war crimes. While the rulings carry profound symbolic and political weight for families of victims who waited over a decade for accountability, practical enforcement remains dependent on international cooperation.
Because the primary defendants remain outside state control, the court kept in absentia arrest warrants active, ordered their international circulation, and converted asset freezes into executive confiscations. These measures establish a binding legal and political instrument for any future international pursuit of the defendants.
Frequently Asked Questions
Can the death sentences handed down by the Damascus Criminal Court be appealed?
No. According to presiding judge Fakhr al-Din al-Alyan, the rulings are final and unappealable because they fall under the legal category of crimes against humanity.
Which former officials were tried in person alongside the in absentia defendants?
Former Daraa Political Security chief Atef Najib stood trial in person following his arrest in January 2025, while Bashar al-Assad, Maher al-Assad, and five other co-defendants were tried and sentenced in absentia.
What specific charges did Atef Najib face?
Najib was convicted of premeditated murder, torture resulting in death, unlawful detention, kidnapping, acts intended to provoke civil war, theft of public funds, and money laundering.
What happens to the assets of the convicted individuals?
The court ordered the conversion of existing asset freezes into executive confiscations, while also mandating financial compensation to civil claimants and victims’ families.
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