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Accountability for human rights abuses was "something that never existed" in Syria over the past 13 years, the head of the Syria Commission has said, but there are hopes this will change after the fall of former president Bashar Al Assad.
Paulo Pinheiro – who has led the UN-mandated Independent International Commission of Inquiry on the Syrian Arab Republic since 2011 – told The National that documenting human rights abuses in Syria was complicated as investigators were unable to enter the country, and the body relied heavily on testimonies from millions of refugees abroad.
But the Brazilian political science professor emphasised that just because the commission did not have access to Syria, this does not mean it did not have access to information inside the country.
Over time, the commission managed to establish a network of families and individuals within Syria who provided information.
“This was done with a lot of care, as the main thing is to protect the civilians,” he said.
According to Mr Pinheiro, the commission conducted about 11,000 interviews, through which it was discovered that the Assad regime had committed crimes against humanity including extrajudicial killings, murder, rape or other forms of sexual violence, torture, imprisonment and enforced disappearances.
“We have not published everything that we have. But all these reports can provide good information about the situation each year, as it was a different configuration,” he said, referring to about 50 reports and papers that included the information the commission had collected.
The list
The International, Impartial and Independent Mechanism (IIIM) was established by the UN in 2016 to assist in the investigation and prosecution of those responsible for the most serious crimes committed in Syria since 2011.
Mr Pinheiro detailed the commission's efforts over the past decade to compile a list of people and official units suspected of committing human rights abuses in the country. The confidential list, maintained by the High Commission for Human Rights, is updated annually in anticipation of a future independent judicial system in Syria.
“We will share this list, but not immediately,” Mr Pinheiro said. “We don't have a judicial role. We are not a tribunal.”
He added: “We have hundreds of individuals, but we never reveal who is in this list. There are a lot of people involved with the police, with the army and authorities, in the repressive apparatuses.”
Mr Pinheiro also highlighted the commission's collaboration with judicial systems in various countries, mostly in Europe, over the past six years.
“We have co-operated with many judicial systems in several countries, mostly at the request of the general attorney or prosecutor, under some conditions. I think we have had around 200 requests,” he said.
The commission has made archival information available to support judicial proceedings in France and Germany, which resulted in the conviction of some Syrian officials responsible for human rights abuses.
HTS and the future
Mr Pinheiro highlighted the recent publication of a report on Syrian prisons by the IIIM and the impending release of a 130-page report by the commission on prisons and torture in Syria, which covers events from 2012 until last year.
Ahmad Al Shara, leader of Hayat Tahrir Al Sham and now de facto ruler of Syria, has pledged to bring justice to those responsible for atrocities under the previous regime.
“We will not hesitate to hold accountable the criminals, murderers, security and army officers involved in torturing the Syrian people,” Mr Al Shara said in a statement on the Telegram messaging app last week. He added that Syria’s new authorities would seek the return of Assad regime officials who have fled abroad.
Mr Pinheiro said he was not aware the new Syrian rulers were in possession of a list of alleged perpetrators of human rights abuses.
An August report from the commission accused HTS, a group Washington and the UN have designated as a terrorist organisation, of grave human rights abuses, including extrajudicial executions, detentions, beatings, coerced confessions and torture within its prisons. HTS has allegedly detained children as young as seven.
During demonstrations, which initially proceeded with minimal interference, HTS's approach shifted as they resorted to force, assaulting and detaining protesters.
“Starting in February, unprecedentedly large protests, led by civilian activists and supported by military and religious figures, spread across HTS areas. Protesters called for the release of political and security detainees, for governance and socioeconomic reforms and for the removal of HTS leader Abu Mohammed Al Jawlani,” the report said.
“Demonstrations were triggered by reports of torture and ill-treatment of detainees by the HTS general security service, following months of arrest campaigns by HTS targeting their own members, as well as members of other armed groups and political parties, such as Hizb Al Tahrir.”
Mr Pinheiro declined to speculate on whether HTS has truly abandoned its extremist stance: “I'm not able to do political astrology.”
Instead, he emphasised the importance of vigilance, noting: “We need to wait. It’s new times … our role is to follow very closely, to observe and as soon as possible, to be in contact with the new authorities.”
Amid continuing discussions about accountability in Syria, Mr Pinheiro underscored the need for public and transparent trials that respect fair trial rights.
The International Criminal Court (ICC) in The Hague lacks direct jurisdiction over Syria as the country has neither ratified the ICC statute nor accepted its jurisdiction. In addition, an effort to impose jurisdiction through the UN Security Council was vetoed by Russia and China in 2014.
“I don't think that member states co-operated towards accountability. Those working for accountability include several NGOs, various bodies of the United Nations and our commission. We are fighting for accountability,” Mr Pinheiro said.
He remains hopeful about future co-operation with Syria's new authorities to address past human rights abuses.
“We hope that we'll be able to visit Syria, precisely because we want very much to co-operate with the new authorities – anything that can help to build, finally, some accountability for the numerous perpetrators to solve human rights violations under the Assad regime.”
