Syria’s Troubled Path to Justice: A Circular’s Unfulfilled Promise
On October 8, 2025, Syria’s Ministry of Interior issued Circular No. 10/2025, aiming to reinforce respect for citizens’ rights and ensure lawyers are treated with due regard for their professional role. The circular called for cooperation between legal counsel and law enforcement during client representation. Although appearing to strengthen defense safeguards and promote justice, a recent report by Syrians for Truth and Justice (STJ) reveals a stark disconnect between the circular’s intent and its practical implementation.
The Illusion of Access: Lawyers as Silent Observers
The STJ report, based on in-depth interviews with five lawyers, highlights a troubling trend: the circular has largely transformed the lawyer’s role from an active defender to a passive observer. Despite theoretically recognizing the importance of legal representation, the circular’s stipulations, particularly Article 3, effectively strip the defense of its substance. Lawyers report being permitted to attend interrogations but prevented from meaningfully intervening, objecting to improper questioning, or reviewing case files.
“The recent Circular is a step that carries positive intentions on the surface. however, in its essence, it renders the lawyer a mere listener,” explains “Karim,” a lawyer practicing in Homs, as cited in the STJ report. This sentiment underscores a critical flaw: a lawyer’s presence without the ability to actively defend a client is a hollow gesture.
International Standards Undermined
This restricted role directly contradicts international fair trial standards. The United Nations Human Rights Committee emphasizes that flaws during the initial investigation phase are often irreparable, even with later legal representation. Principles concerning the independence of judges, lawyers, and prosecutors affirm the necessity of unimpeded legal counsel. The Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights also uphold the right to defense, including the right to appoint a lawyer.
The Syrian Constitutional Declaration of 2025 itself emphasizes justice and the right to a fair trial, making the circular’s restrictions potentially unconstitutional, as it undermines the very essence of the right to defense.
Law Enforcement Agencies: The Core of the Problem
The STJ report identifies Law Enforcement Agencies (Judicial Police) as the primary source of violations. Lawyers consistently report being denied access to case files, prevented from communicating with clients, and witnessing investigations proceed without any effective defense. “Ma’moun,” a lawyer interviewed by STJ, notes that detainees are often pressured into confessions without legal counsel, leading to inflated charges and unjust outcomes.
This pattern suggests the circular, while well-intentioned, lacks the necessary enforcement mechanisms to curb the practices of investigative bodies. It remains an administrative framework rather than a genuine reform tool.
From Restriction to Exclusion: A Gradual Erosion of Rights
The report details a spectrum of restrictions, ranging from nominal presence to complete exclusion of legal counsel. In some cases, lawyers are simply barred from representing clients or even visiting them in detention. “Saeed,” whose father and brother have been detained since May 2025, recounts being denied any access to legal representation for his family members.
This escalation demonstrates a systemic issue: the absence of clear safeguards allows for a gradual erosion of the right to defense, ultimately leaving detainees vulnerable to abuse and injustice.
Future Trends: A Require for Systemic Change
The current situation suggests several potential future trends. Without significant reforms, the circular will likely remain a symbolic gesture, failing to address the underlying issues within the Syrian legal system. We can anticipate:
- Continued Disparities: Implementation of the circular will likely remain inconsistent, dependent on the discretion of individual law enforcement officials.
- Increased Reliance on Confessions: The lack of effective legal representation will likely lead to continued reliance on confessions obtained under duress.
- Erosion of Public Trust: The perceived failure of the circular to deliver on its promises will further erode public trust in the justice system.
- Potential for International Scrutiny: Continued reports of violations may attract increased scrutiny from international human rights organizations.
Recommendations for a More Just System
To address these challenges, STJ recommends several key actions:
- Amend the Circular: Specifically, Article 3 must be revised to guarantee an effective, not merely nominal, presence for lawyers during interrogations.
- Prohibit Investigations Without Counsel: Investigations should not proceed in the absence of a lawyer once representation has been requested.
- Strengthen Judicial Oversight: Judicial authorities must actively monitor the preliminary investigation phase to ensure the right to defense is respected.
- Empower the Bar Association: The Bar Association should proactively monitor violations and provide support to lawyers facing obstruction.
FAQ
Q: What is Circular No. 10/2025?
A: A Ministry of Interior circular issued in Syria aiming to improve respect for citizens’ rights and the role of lawyers.
Q: What are the main concerns regarding the circular?
A: The circular’s implementation allows for a largely symbolic presence of lawyers during interrogations, without the ability to meaningfully intervene or defend their clients.
Q: What international standards are being violated?
A: The restrictions contradict UN Human Rights Committee guidelines and international principles regarding the independence of lawyers and the right to a fair trial.
Q: What is the role of Law Enforcement Agencies in this issue?
A: Law Enforcement Agencies are identified as the primary source of violations, often denying lawyers access to clients and case files.
Pro Tip: Understanding your rights as a legal professional and documenting any instances of obstruction are crucial steps in advocating for justice.
Did you know? The UN Human Rights Committee emphasizes that flaws during the initial investigation phase can be irreparable, even with later legal representation.
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